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Immigration Act 1971

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Changes over time for: Cross Heading: Searching persons arrested by immigration officers

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Version Superseded: 12/07/2016

Status:

Point in time view as at 20/10/2014.

Changes to legislation:

Immigration Act 1971, Cross Heading: Searching persons arrested by immigration officers is up to date with all changes known to be in force on or before 07 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

[F1 Searching persons arrested by immigration officers]U.K.

Textual Amendments

F1Heading inserted (14.2.2000) by 1999 c. 33, s. 134(2); S.I. 2000/168, art. 2, Sch

[F225B(1)This paragraph applies if a person is arrested under this Schedule.U.K.

(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.]

Textual Amendments

F2Sch. 2 para. 25B inserted (14.2.2000) by 1999 c. 33, s. 134(2); S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)

Modifications etc. (not altering text)

C1Sch. 2 paras. 25A-25E applied by Immigration and Asylum Act 1999 (c. 33), s. 10(9)(j) (as substituted (20.10.2014) by Immigration Act 2014 (c. 22), ss. 1, 75(3); S.I. 2014/2771, art. 2(a) (with arts. 9-11) (as amended (2.3.2015 and 6.4.2015) by S.I. 2015/371, arts. 1(2)(3), 7, 8; and with transitional provisions and savings in S.I. 2014/2928, art. 2 (which S.I. is revoked (6.4.2015) by S.I. 2015/371, arts. 1(3), 9)))

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