Office of Public Sector Information
PART VI continued
(1) For the purpose of exercising his functions under this Part, the Secretary of State is a corporation sole.
(2) Any instrument in connection with the acquisition, management or disposal of property, real or personal, heritable or moveable, by the Secretary of State under this Part may be executed on his behalf by a person authorised by him for that purpose.
(3) Any instrument purporting to have been so executed on behalf of the Secretary of State is to be treated, until the contrary is proved, to have been so executed on his behalf.
(1) This section applies in relation to premises in which accommodation has been provided under section 95 or 98 for a supported person.
(2) If, on an application made by a person authorised in writing by the Secretary of State, a justice of the peace is satisfied that there is reason to believe that—
(a) the supported person or any dependants of his for whom the accommodation is provided is not resident in it,
(b) the accommodation is being used for any purpose other than the accommodation of the asylum-seeker or any dependant of his, or
(c) any person other than the supported person and his dependants (if any) is residing in the accommodation,
he may grant a warrant to enter the premises to the person making the application.
(3) A warrant granted under subsection (2) may be executed—
(a) at any reasonable time;
(b) using reasonable force.
(4) In the application of subsection (2) to Scotland, read the reference to a justice of the peace as a reference to the sheriff or a justice of the peace.
(1) The power conferred by this section is to be exercised with a view to obtaining information about premises in which accommodation is or has been provided for supported persons.
(2) The Secretary of State may require any person appearing to him—
(a) to have any interest in, or
(b) to be involved in any way in the management or control of,
such premises, or any building which includes such premises, to provide him with such information with respect to the premises and the persons occupying them as he may specify.
(3) A person who is required to provide information under this section must do so in accordance with such requirements as may be prescribed.
(4) Information provided to the Secretary of State under this section may be used by him only in the exercise of his functions under this Part.
(1) The Secretary of State may require any person conveying postal packets to supply redirection information to the Secretary of State—
(a) for use in the prevention, detection, investigation or prosecution of criminal offences under this Part;
(b) for use in checking the accuracy of information relating to support provided under this Part; or
(c) for any other purpose relating to the provision of support to asylum-seekers.
(2) The information must be supplied in such manner and form, and in accordance with such requirements, as may be prescribed.
(3) The Secretary of State must make payments of such amount as he considers reasonable in respect of the supply of information under this section.
(4) “Postal packet” has the same meaning as in the [1953 c. 36.] Post Office Act 1953.
(5) “Redirection information” means information relating to arrangements made with any person conveying postal packets for the delivery of postal packets to addresses other than those indicated by senders on the packets.
In the 1971 Act, after section 28, insert—
(1) A constable or immigration officer may arrest without warrant a person—
(a) who has committed or attempted to commit an offence under section 24 or 24A; or
(b) whom he has reasonable grounds for suspecting has committed or attempted to commit such an offence.
(2) But subsection (1) does not apply in relation to an offence under section 24(1)(d).
(3) An immigration officer may arrest without warrant a person—
(a) who has committed an offence under section 25(1); or
(b) whom he has reasonable grounds for suspecting has committed that offence.
(4) An immigration officer may arrest without warrant a person—
(a) who has committed or attempted to commit an offence under section 25(2); or
(b) whom he has reasonable grounds for suspecting has committed or attempted to commit that offence.
(5) An immigration officer may arrest without warrant a person (“the suspect”) who, or whom he has reasonable grounds for suspecting—
(a) has committed or attempted to commit an offence under section 26(1)(g); or
(b) is committing or attempting to commit that offence.
(6) The power conferred by subsection (5) is exercisable only if either the first or the second condition is satisfied.
(7) The first condition is that it appears to the officer that service of a summons (or, in Scotland, a copy complaint) is impracticable or inappropriate because—
(a) he does not know, and cannot readily discover, the suspect’s name;
(b) he has reasonable grounds for doubting whether a name given by the suspect as his name is his real name;
(c) the suspect has failed to give him a satisfactory address for service; or
(d) he has reasonable grounds for doubting whether an address given by the suspect is a satisfactory address for service.
(8) The second condition is that the officer has reasonable grounds for believing that arrest is necessary to prevent the suspect—
(a) causing physical injury to himself or another person;
(b) suffering physical injury; or
(c) causing loss of or damage to property.
(9) For the purposes of subsection (7), an address is a satisfactory address for service if it appears to the officer—
(a) that the suspect will be at that address for a sufficiently long period for it to be possible to serve him with a summons (or copy complaint); or
(b) that some other person specified by the suspect will accept service of a summons (or copy complaint) for the suspect at that address.
(10) In relation to the exercise of the powers conferred by subsections (3)(b), (4)(b) and (5), it is immaterial that no offence has been committed.
(11) In Scotland the powers conferred by subsections (3), (4) and (5) may also be exercised by a constable.”
In the 1971 Act, after section 28A, insert—
(1) Subsection (2) applies if a justice of the peace is, by written information on oath, satisfied that there are reasonable grounds for suspecting that a person (“the suspect”) who is liable to be arrested for a relevant offence is to be found on any premises.
(2) The justice may grant a warrant authorising any immigration officer or constable to enter, if need be by force, the premises named in the warrant for the purpose of searching for and arresting the suspect.
(3) Subsection (4) applies if in Scotland the sheriff or a justice of the peace is by evidence on oath satisfied as mentioned in subsection (1).
(4) The sheriff or justice may grant a warrant authorising any immigration officer or constable to enter, if need be by force, the premises named in the warrant for the purpose of searching for and arresting the suspect.
(5) “Relevant offence” means an offence under section 24(1)(a), (b), (c), (d), (e) or (f), section 24A or section 25(2).”
In the 1971 Act, after section 28B, insert—
(1) An immigration officer may enter and search any premises for the purpose of arresting a person for an offence under section 25(1).
(2) The power may be exercised—
(a) only to the extent that it is reasonably required for that purpose; and
(b) only if the officer has reasonable grounds for believing that the person whom he is seeking is on the premises.
(3) In relation to premises consisting of two or more separate dwellings, the power is limited to entering and searching—
(a) any parts of the premises which the occupiers of any dwelling comprised in the premises use in common with the occupiers of any such other dwelling; and
(b) any such dwelling in which the officer has reasonable grounds for believing that the person whom he is seeking may be.
(4) The power may be exercised only if the officer produces identification showing that he is an immigration officer (whether or not he is asked to do so).”
In the 1971 Act, after section 28C, insert—
(1) If, on an application made by an immigration officer, a justice of the peace is satisfied that there are reasonable grounds for believing that—
(a) a relevant offence has been committed,
(b) there is material on premises specified in the application which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence,
(c) the material is likely to be relevant evidence,
(d) the material does not consist of or include items subject to legal privilege, excluded material or special procedure material, and
(e) any of the conditions specified in subsection (2) applies,
he may issue a warrant authorising an immigration officer to enter and search the premises.
(2) The conditions are that—
(a) it is not practicable to communicate with any person entitled to grant entry to the premises;
(b) it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the evidence;
(c) entry to the premises will not be granted unless a warrant is produced;
(d) the purpose of a search may be frustrated or seriously prejudiced unless an immigration officer arriving at the premises can secure immediate entry to them.
(3) An immigration officer may seize and retain anything for which a search has been authorised under subsection (1).
(4) “Relevant offence” means an offence under section 24(1)(a), (b), (c), (d), (e) or (f), section 24A or section 25.
(5) In relation to England and Wales, expressions which are given a meaning by the [1984 c. 60.] Police and Criminal Evidence Act 1984 have the same meaning when used in this section.
(6) In relation to Northern Ireland, expressions which are given a meaning by the [S.I. 1989/1341 (N.I. 12).] Police and Criminal Evidence (Northern Ireland) Order 1989 have the same meaning when used in this section.
(7) In the application of subsection (1) to Scotland—
(a) read the reference to a justice of the peace as a reference to the sheriff or a justice of the peace; and
(b) in paragraph (d), omit the reference to excluded material and special procedure material.”
(1) In the 1971 Act, after section 28D, insert—
(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 enter and search any premises—
(a) in which the person was when arrested, or
(b) in which he was immediately before he was arrested,
for evidence relating to the offence for which the arrest was made (“relevant evidence”).
(3) The power may be exercised—
(a) only if the officer has reasonable grounds for believing that there is relevant evidence on the premises; and
(b) only to the extent that it is reasonably required for the purpose of discovering relevant evidence.
(4) In relation to premises consisting of two or more separate dwellings, the power is limited to entering and searching—
(a) any dwelling in which the arrest took place or in which the arrested person was immediately before his arrest; and
(b) any parts of the premises which the occupier of any such dwelling uses in common with the occupiers of any other dwellings comprised in the premises.
(5) An officer searching premises under subsection (2) may seize and retain anything he finds which he has reasonable grounds for believing is relevant evidence.
(6) Subsection (5) does not apply to items which the officer has reasonable grounds for believing are items subject to legal privilege.”
(2) In the 1971 Act, in Schedule 2 after paragraph 25, insert—
25A (1) This paragraph applies if—
(a) a person is arrested under this Schedule; or
(b) a person who was arrested by a constable (other than under this Schedule) is detained by an immigration officer under this Schedule.
(2) An immigration officer may enter and search any premises—
(a) occupied or controlled by the arrested person, or
(b) in which that person was when he was arrested, or immediately before he was arrested,
for relevant documents.
(3) The power may be exercised—
(a) only if the officer has reasonable grounds for believing that there are relevant documents on the premises;
(b) only to the extent that it is reasonably required for the purpose of discovering relevant documents; and
(c) subject to sub-paragraph (4), only if a senior officer has authorised its exercise in writing.
(4) An immigration officer may conduct a search under sub-paragraph (2)—
(a) before taking the arrested person to a place where he is to be detained; and
(b) without obtaining an authorisation under sub-paragraph (3)(c),
if the presence of that person at a place other than one where he is to be detained is necessary to make an effective search for any relevant documents.
(5) An officer who has conducted a search under sub-paragraph (4) must inform a senior officer as soon as is practicable.
(6) The officer authorising a search, or who is informed of one under sub-paragraph (5), must make a record in writing of—
(a) the grounds for the search; and
(b) the nature of the documents that were sought.
(7) An officer searching premises under sub-paragraph (2)—
(a) may seize and retain any documents he finds which he has reasonable grounds for believing are relevant documents; but
(b) may not retain any such document for longer than is necessary in view of the purpose for which the person was arrested.
(8) But sub-paragraph (7)(a) does not apply to documents which the officer has reasonable grounds for believing are items subject to legal privilege.
(9) “Relevant documents” means any documents which might—
(a) establish the arrested person’s identity, nationality or citizenship; or
(b) indicate the place from which he has travelled to the United Kingdom or to which he is proposing to go.
(10) “Senior officer” means an immigration officer not below the rank of chief immigration officer.”
In the 1971 Act, after section 28E, insert—
(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.”
(1) In the 1971 Act, after section 28F, insert—
(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—
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.”
(1) In the 1971 Act, after section 28G, insert—
(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 [1984 c. 60.] 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 [S.I. 1989/1341 (N.I. 12).] 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 [1995 c. 43.] 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—
Immigration and Asylum Act 1999