Immigration and Asylum Bill - continued        House of Lords
PART VII, POWER TO ARREST, SEARCH AND FINGERPRINT - continued
Entry and search of premises - continued

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Entry and search of premises following arrest under section 25(1) of the 1971 Act.     132. In the 1971 Act, after section 28E, insert-
 
 
"Entry and search of premises following arrest under section 25(1).     28F. - (1) An immigration officer may enter and search any premises occupied or controlled by a person arrested for an offence under section 25(1).
 
    (2) The power may be exercised-
 
 
    (a) only if the officer has reasonable grounds for suspecting that there is relevant evidence on the premises;
 
    (b) only to the extent that it is reasonably required for the purpose of discovering relevant evidence; and
 
    (c) subject to subsection (3), only if a senior officer has authorised it in writing.
      (3) The power may be exercised-
 
 
    (a) before taking the arrested person to a place where he is to be detained; and
 
    (b) without obtaining an authorisation under subsection (2)(c),
  if the presence of that person at a place other than one where he is to be detained is necessary for the effective investigation of the offence.
 
      (4) An officer who has relied on subsection (3) must inform a senior officer as soon as is practicable.
 
      (5) The officer authorising a search, or who is informed of one under subsection (4), must make a record in writing of-
 
 
    (a) the grounds for the search; and
 
    (b) the nature of the evidence that was sought.
      (6) An officer searching premises under this section may seize and retain anything he finds which he has reasonable grounds for suspecting is relevant evidence.
 
      (7) "Relevant evidence" means evidence, other than items subject to legal privilege, that relates to the offence in question.
 
      (8) "Senior officer" means an immigration officer not below the rank of chief immigration officer."
 
 
Power to search persons
Searching arrested persons.     133. - (1) In the 1971 Act, after section 28F, insert-
 
 
"Searching arrested persons.     28G. - (1) This section applies if a person is arrested for an offence under this Part at a place other than a police station.
 
    (2) An immigration officer may search the arrested person if he has reasonable grounds for believing that the arrested person may present a danger to himself or others.
 
      (3) The officer may search the arrested person for-
 
 
    (a) anything which he might use to assist his escape from lawful custody; or
 
    (b) anything which might be evidence relating to the offence for which he has been arrested.
      (4) The power conferred by subsection (3) may be exercised-
 
 
    (a) only if the officer has reasonable grounds for believing that the arrested person may have concealed on him anything of a kind mentioned in that subsection; and
 
    (b) only to the extent that it is reasonably required for the purpose of discovering any such thing.
      (5) A power conferred by this section to search a person is not to be read as authorising an officer to require a person to remove any of his clothing in public other than an outer coat, jacket or glove; but it does authorise the search of a person's mouth.
 
      (6) An officer searching a person under subsection (2) may seize and retain anything he finds, if he has reasonable grounds for believing that that person might use it to cause physical injury to himself or to another person.
 
      (7) An officer searching a person under subsection (3) may seize and retain anything he finds, if he has reasonable grounds for believing-
 
 
    (a) that that person might use it to assist his escape from lawful custody; or
 
    (b) that it is evidence which relates to the offence in question.
      (8) Subsection (7)(b) does not apply to an item subject to legal privilege."
 
      (2) In the 1971 Act, in Schedule 2 after paragraph 25A, insert-
 
 

"Searching persons arrested by immigration officers
 25B. - (1) This paragraph applies if a person is arrested under this Schedule.
 
      (2) An immigration officer may search the arrested person if he has reasonable grounds for believing that the arrested person may present a danger to himself or others.
 
      (3) The officer may search the arrested person for-
 
 
    (a) anything which he might use to assist his escape from lawful custody; or
 
    (b) any document which might-
 
      (i) establish his identity, nationality or citizenship; or
 
      (ii) indicate the place from which he has travelled to the United Kingdom or to which he is proposing to go.
      (4) The power conferred by sub-paragraph (3) may be exercised-
 
 
    (a) only if the officer has reasonable grounds for believing that the arrested person may have concealed on him anything of a kind mentioned in that sub-paragraph; and
 
    (b) only to the extent that it is reasonably required for the purpose of discovering any such thing.
      (5) A power conferred by this paragraph to search a person is not to be read as authorising an officer to require a person to remove any of his clothing in public other than an outer coat, jacket or glove; but it does authorise the search of a person's mouth.
 
      (6) An officer searching a person under sub-paragraph (2) may seize and retain anything he finds, if he has reasonable grounds for believing that the person searched might use it to cause physical injury to himself or to another person.
 
      (7) An officer searching a person under sub-paragraph (3)(a) may seize and retain anything he finds, if he has reasonable grounds for believing that he might use it to assist his escape from lawful custody.
 
      (8) An officer searching a person under sub-paragraph (3)(b) may seize and retain anything he finds, other than an item subject to legal privilege, if he has reasonable grounds for believing that it might be a document falling within that sub-paragraph.
 
      (9) Nothing seized under sub-paragraph (6) or (7) may be retained when the person from whom it was seized-
 
 
    (a) is no longer in custody, or
 
    (b) is in the custody of a court but has been released on bail."
Searching persons in police custody.     134. - (1) In the 1971 Act, after section 28G, insert-
 
 
"Searching persons in police custody.     28H. - (1) This section applies if a person-
 
    (a) has been arrested for an offence under this Part; and
 
    (b) is in custody at a police station or in police detention at a place other than a police station.
      (2) An immigration officer may, at any time, search the arrested person in order to see whether he has with him anything-
 
 
    (a) which he might use to-
 
      (i) cause physical injury to himself or others;
 
      (ii) damage property;
 
      (iii) interfere with evidence; or
 
      (iv) assist his escape; or
 
    (b) which the officer has reasonable grounds for believing is evidence relating to the offence in question.
      (3) The power may be exercised only to the extent that the custody officer concerned considers it to be necessary for the purpose of discovering anything of a kind mentioned in subsection (2).
 
      (4) An officer searching a person under this section may seize anything he finds, if he has reasonable grounds for believing that-
 
 
    (a) that person might use it for one or more of the purposes mentioned in subsection (2)(a); or
 
    (b) it is evidence relating to the offence in question.
      (5) Anything seized under subsection (4)(a) may be retained by the police.
 
      (6) Anything seized under subsection (4)(b) may be retained by an immigration officer.
 
      (7) The person from whom something is seized must be told the reason for the seizure unless he is-
 
 
    (a) violent or appears likely to become violent; or
 
    (b) incapable of understanding what is said to him.
      (8) An intimate search may not be conducted under this section.
 
      (9) The person carrying out a search under this section must be of the same sex as the person searched.
 
      (10) "Custody officer"-
 
 
    (a) in relation to England and Wales, has the same meaning as in the Police and Criminal Evidence Act 1984;
 
    (b) in relation to Scotland, means the officer in charge of a police station; and
 
    (c) in relation to Northern Ireland, has the same meaning as in the Police and Criminal Evidence (Northern Ireland) Order 1989.
      (11) "Intimate search"-
 
 
    (a) in relation to England and Wales, has the meaning given by section 65 of the Act of 1984;
 
    (b) in relation to Scotland, means a search which consists of the physical examination of a person's body orifices other than the mouth; and
 
    (c) in relation to Northern Ireland, has the same meaning as in the 1989 Order.
      (12) "Police detention"-
 
 
    (a) in relation to England and Wales, has the meaning given by section 118(2) of the 1984 Act; and
 
    (b) in relation to Northern Ireland, has the meaning given by Article 2 of the 1989 Order.
      (13) In relation to Scotland, a person is in police detention if-
 
 
    (a) he has been taken to a police station after being arrested for an offence; or
 
    (b) he is arrested at a police station after attending voluntarily at the station, accompanying a constable to it or being detained under section 14 of the Criminal Procedure (Scotland) Act 1995,
  and is detained there or is detained elsewhere in the charge of a constable, but is not in police detention if he is in court after being charged."
 
      (2) In the 1971 Act, in Schedule 2 after paragraph 25B, insert-
 
 

"Searching persons in police custody
 25C. - (1) This paragraph applies if a person-
 
 
    (a) has been arrested under this Schedule; and
 
    (b) is in custody at a police station.
      (2) An immigration officer may, at any time, search the arrested person in order to ascertain whether he has with him-
 
 
    (a) anything which he might use to-
 
      (i) cause physical injury to himself or others;
 
      (ii) damage property;
 
      (iii) interfere with evidence; or
 
      (iv) assist his escape; or
 
    (b) any document which might-
 
      (i) establish his identity, nationality or citizenship; or
 
      (ii) indicate the place from which he has travelled to the United Kingdom or to which he is proposing to go.
      (3) The power may be exercised only to the extent that the officer considers it to be necessary for the purpose of discovering anything of a kind mentioned in sub-paragraph (2).
 
      (4) An officer searching a person under this paragraph may seize and retain anything he finds, if he has reasonable grounds for believing that-
 
 
    (a) that person might use it for one or more of the purposes mentioned in sub-paragraph (2)(a); or
 
    (b) it might be a document falling within sub-paragraph (2)(b).
      (5) But the officer may not retain anything seized under sub-paragraph (2)(a)-
 
 
    (a) for longer than is necessary in view of the purpose for which the search was carried out; or
 
    (b) when the person from whom it was seized is no longer in custody or is in the custody of a court but has been released on bail.
      (6) The person from whom something is seized must be told the reason for the seizure unless he is-
 
 
    (a) violent or appears likely to become violent; or
 
    (b) incapable of understanding what is said to him.
      (7) An intimate search may not be conducted under this paragraph.
 
      (8) The person carrying out a search under this paragraph must be of the same sex as the person searched.
 
      (9) "Intimate search" has the same meaning as in section 28H(11)."
 
 
Seized material: access and copying
Access and copying.     135. - (1) In the 1971 Act, after section 28H, insert-
 
 
"Seized material: access and copying.     28I. - (1) If a person showing himself-
 
    (a) to be the occupier of the premises on which seized material was seized, or
 
    (b) to have had custody or control of the material immediately before it was seized,
  asks the immigration officer who seized the material for a record of what he seized, the officer must provide the record to that person within a reasonable time.
 
      (2) If a relevant person asks an immigration officer for permission to be granted access to seized material, the officer must arrange for him to have access to the material under the supervision-
 
 
    (a) in the case of seized material within subsection (8)(a), of an immigration officer;
 
    (b) in the case of seized material within subsection (8)(b), of a constable.
      (3) An immigration officer may photograph or copy, or have photographed or copied, seized material.
 
      (4) If a relevant person asks an immigration officer for a photograph or copy of seized material, the officer must arrange for-
 
 
    (a) that person to have access to the material for the purpose of photographing or copying it under the supervision-
 
      (i) in the case of seized material within subsection (8)(a), of an immigration officer;
 
      (ii) in the case of seized material within subsection (8)(b), of a constable; or
 
    (b) the material to be photographed or copied.
      (5) A photograph or copy made under subsection (4)(b) must be supplied within a reasonable time.
 
      (6) There is no duty under this section to arrange for access to, or the supply of a photograph or copy of, any material if there are reasonable grounds for believing that to do so would prejudice-
 
 
    (a) the exercise of any functions in connection with which the material was seized; or
 
    (b) an investigation which is being conducted under this Act, or any criminal proceedings which may be brought as a result.
      (7) "Relevant person" means-
 
 
    (a) a person who had custody or control of seized material immediately before it was seized, or
 
    (b) someone acting on behalf of such a person.
      (8) "Seized material" means anything-
 
 
    (a) seized and retained by an immigration officer, or
 
    (b) seized by an immigration officer and retained by the police,
  under this Part."
 
      (2) In the 1971 Act, in Schedule 2 after paragraph 25C, insert-
 
 

"Access and copying
 25D. - (1) If a person showing himself-
 
 
    (a) to be the occupier of the premises on which seized material was seized, or
 
    (b) to have had custody or control of the material immediately before it was seized,
  asks the immigration officer who seized the material for a record of what he seized, the officer must provide the record to that person within a reasonable time.
 
      (2) If a relevant person asks an immigration officer for permission to be granted access to seized material, the officer must arrange for that person to have access to the material under the supervision of an immigration officer.
 
      (3) An immigration officer may photograph or copy, or have photographed or copied, seized material.
 
      (4) If a relevant person asks an immigration officer for a photograph or copy of seized material, the officer must arrange for-
 
 
    (a) that person to have access to the material under the supervision of an immigration officer for the purpose of photographing or copying it; or
 
    (b) the material to be photographed or copied.
      (5) A photograph or copy made under sub-paragraph (4)(b) must be supplied within a reasonable time.
 
      (6) There is no duty under this paragraph to arrange for access to, or the supply of a photograph or copy of, any material if there are reasonable grounds for believing that to do so would prejudice-
 
 
    (a) the exercise of any functions in connection with which the material was seized; or
 
    (b) an investigation which is being conducted under this Act, or any criminal proceedings which may be brought as a result.
      (7) "Relevant person" means-
 
 
    (a) a person who had custody or control of seized material immediately before it was seized, or
 
    (b) someone acting on behalf of such a person.
      (8) "Seized material" means anything which has been seized and retained under this Schedule."
 
 
Search warrants
Search warrants: safeguards.     136. In the 1971 Act, after section 28I, insert-
 
 
"Search warrants: safeguards.     28J. - (1) The entry or search of premises under a warrant is unlawful unless it complies with this section and section 28K.
 
    (2) If an immigration officer applies for a warrant, he must-
 
 
    (a) state the ground on which he makes the application and the provision of this Act under which the warrant would be issued;
 
    (b) specify the premises which it is desired to enter and search; and
 
    (c) identify, so far as is practicable, the persons or articles to be sought.
      (3) In Northern Ireland, an application for a warrant is to be supported by a complaint in writing and substantiated on oath.
 
      (4) Otherwise, an application for a warrant is to be made ex parte and supported by an information in writing or, in Scotland, evidence on oath.
 
      (5) The officer must answer on oath any question that the justice of the peace or sheriff hearing the application asks him.
 
      (6) A warrant shall authorise an entry on one occasion only.
 
      (7) A warrant must specify-
 
 
    (a) the name of the person applying for it;
 
    (b) the date on which it is issued;
 
    (c) the premises to be searched; and
 
    (d) the provision of this Act under which it is issued.
      (8) A warrant must identify, so far as is practicable, the persons or articles to be sought.
 
      (9) Two copies of a warrant must be made.
 
      (10) The copies must be clearly certified as copies.
 
      (11) "Warrant" means a warrant to enter and search premises issued to an immigration officer under this Part or under paragraph 17(2) of Schedule 2."
 
 
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