Immigration Act 1971

Changes over time for: Section 28A

Alternative versions:

Status:

There are multiple versions of this provision on screen. These apply to different geographical extents.

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.

Sometimes the text of a provision is changed, but the change(s) only apply to a particular geographical area. In some limited cases where this happens, the editorial team create a version for each different geographical area. Multiple versions are only created in this way where the change in question is a substitution so that there are different versions of the text for the different extents. Insertions and repeals of text do not give rise to such multiple versions.

Changes to legislation:

Immigration Act 1971, Section 28A is up to date with all changes known to be in force on or before 15 November 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.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Section 28A:

s. 28A(3)(a) word inserted by 2016 c. 19 s. 44(3)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Act applied by 2008 c. 4 s. 133(7) (8)

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 10(1A)(1B) inserted by 1999 c. 33 Sch. 14 para. 47(3)
s. 24(1)(fa) inserted by 2023 c. 37 s. 10(2)
s. 24C-24F inserted by 2016 c. 19 s. 44(2)
s. 26A(1)(b)(ia) inserted by 2016 c. 19 Sch. 11 para. 25
s. 27(1)(aa) inserted by 2023 c. 37 s. 10(3)(a)
s. 27(1)(ba) inserted by 2023 c. 37 s. 10(3)(b)
s. 28CA(1)(bb) substituted for word in s. 28CA(1)(b) by 2016 c. 19 s. 44(5)
Sch. 2 para. 27B(4A) inserted by 2004 c. 19 s. 16
Sch. 2 para. 26(4) inserted by 2016 c. 19 s. 74(1)
Sch. 2 Pt. 1A inserted by 2016 c. 19 Sch. 13
Sch. 2 para. 11A inserted by 2023 c. 37 s. 10(4)

[F128A Arrest without warrant.E+W

(1)[F2An] 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 [F3or attempted to commit] an offence under [F4section [F524B,] 25 [F6or 25A]]; or

(b)whom he has reasonable grounds for suspecting has committed [F3or attempted to commit ] that offence.

(4)F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

[F8(9A)[F2An] immigration officer may arrest without warrant a person—

(a)who has committed an offence under section 26A or 26B; or

(b)whom he has reasonable grounds for suspecting has committed an offence under section 26A or 26B.]

[F9(9B)An immigration officer may arrest without warrant a person who, or whom the immigration officer has reasonable grounds for suspecting—

(a)has committed or attempted to commit an offence under section 21(1) or (1A) of the Immigration, Asylum and Nationality Act 2006 (employment of illegal worker etc), or

(b)is committing or attempting to commit that offence.]

[F10(9C)An immigration officer may arrest without warrant a person who, or whom the immigration officer has reasonable grounds for suspecting—

(a)has committed or attempted to commit an offence under section 33A or 33B of the Immigration Act 2014 (offences relating to residential tenancies), or

(b)is committing or attempting to commit that offence.]

(10)In relation to the exercise of the powers conferred by subsections (3)(b)F11. . . [F12, (5) [F13, (9B) and (9C)]] , it is immaterial that no offence has been committed.

(11)In Scotland the powers conferred by subsections (3)F14. . . [F15, (5) [F16, (9B) and (9C)]] may also be exercised by a constable.]

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland and Northern Ireland only

Textual Amendments

F1S. 28A inserted (14.2.2000) by 1999 c. 33, s. 128; 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.)

F2Words in s. 28A(1)(9A) substituted (E.W.) (1.1.2006) by Serious Organised Crime and Police Act 2005 (c. 15), s. 111, Sch. 7 para. 53; S.I. 2005/3495, art. 2(1)(m) (subject to art. 2(2))

F3Words in s. 28A(3)(a)(b) inserted (31.5.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 14 para. 6; S.I. 2016/603, reg. 2(d)

F4Words in s. 28A(3)(a) substituted (10.2.2003) by 2002 c. 41, s. 144(3)(a) (with s. 159); S.I. 2003/1, art. 2, Sch.

F5Word in s. 28A(3)(a) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 34(4), 94(1); S.I. 2016/603, reg. 3(e) (with transitional provision in S.I. 2016/712, art. 2)

F6Words in s. 28A(3)(a) substituted (31.12.2020) by The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), reg. 1(2), Sch. 1 para. 1(1)(a)(v) (with Sch. 1 para. 1(5))

F7S. 28A(4) repealed (10.2.2003) by 2002 c. 41, ss. 144(3)(b), 161, Sch. 9 (with s. 159); S.I. 2003/1, art. 2, Sch.

F8S. 28A(9A) inserted (10.2.2003) by 2002 c. 41, s. 150(1) (with s. 159); S.I. 2003/1, art. 2, Sch.

F9S. 28A(9B) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 35(9)(a), 94(1); S.I. 2016/603, reg. 3(f)

F10S. 28A(9C) inserted (1.11.2016 for specified purposes, 1.12.2016 in so far as not already in force) by Immigration Act 2016 (c. 19), ss. 39(6)(a), 94(1); S.I. 2016/1037, reg. 2(a), 5(c)

F11Words in s. 28A(10) repealed (10.2.2003) by 2002 c. 41, ss. 144(3)(c), 161, Sch. 9 (with s. 159); S.I. 2003/1, art. 2, Sch.

F12Words in s. 28A(10) substituted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 35(9)(b), 94(1); S.I. 2016/603, reg. 3(f)

F13Words in s. 28A(10) substituted (1.11.2016 for specified purposes, 1.12.2016 in so far as not already in force) by Immigration Act 2016 (c. 19), ss. 39(6)(b), 94(1); S.I. 2016/1037, regs. 2(a), 5(c)

F14Words in s. 28A(11) repealed (10.2.2003) by 2002 c. 41, ss. 144(3)(d), 161, Sch. 9 (with s. 159); S.I. 2003/1, art. 2, Sch.

F15Words in s. 28A(11) substituted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 35(9)(c), 94(1); S.I. 2016/603, reg. 3(f)

F16Words in s. 28A(11) substituted (1.11.2016 for specified purposes, 1.12.2016 in so far as not already in force) by Immigration Act 2016 (c. 19), ss. 39(6)(c), 94(1); S.I. 2016/1037, regs. 2(a), 5(c)

Modifications etc. (not altering text)

C3Pt. 3 modified by Immigration Act 2014 (c. 22), s. 33C(6) (as inserted (1.11.2016 for specified purposes, 1.12.2016 in so far as not already in force) by Immigration Act 2016 (c. 19), ss. 39(2), 94(1); S.I. 2016/1037, regs. 2(a), 5(c))

C4Ss. 28A, 28CA, 28FA modified (1.1.2007) by The Accession (Immigration and Worker Authorisation) Regulations 2006 (S.I. 2006/3317), reg. 15(c)

C5Ss. 24-29: amendment to earlier affecting S.I. 1993/1797, Sch. 1 Pt. 1 (11.10.2017 coming into force in accordance with art. 1) by The Immigration (Jersey) (Amendment) Order 2017 (S.I. 2017/981), Sch. Pt. 1 para. 1 (with art. 6)

C6S. 28A(1)(3) amended (coming into force in accordance with art. 1(2) of the substituting S.I.) by S.I. 1993/1813, art. 6, Sch. 3 Pt. I para. 2(1)(a)(2)(a) (as substituted (coming into force in accordance with art. 1(2) of the substituting S.I.) by S.I. 2001/1544, art. 4(2))

C7S. 28A(1) modified (1.7.2013) by The Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013 (S.I. 2013/1460), regs. 1(1), 18(c) (with reg. 11(8))

C8S. 28A(3) modified (coming into force in accordance with art. 1(2) of the inserting S.I.) by S.I. 1993/1813, art. 7(1), Sch. 4 para. 1(9A) (as inserted (coming into force in accordance with art. 1(2) of the inserting S.I.) by S.I. 2001/1544, art. 6(2))

C9S. 28A(6)-(9) applied (with modifications) (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by 2002 c. 29, s. 453C(4) (as inserted by Criminal Finances Act 2017 (c. 22), ss. 25, 58(1)(6); S.I. 2018/78, reg. 3(j); S.I. 2021/724, reg. 2(1)(m))

C10S. 28A(10)(11) applied (with modifications) (27.4.2017 for specified purposes, 31.1.2018 for E.W.S. in so far as not already in force, 28.6.2021 for N.I. in so far as not already in force) by 2002 c. 29, s. 453C(4) (as inserted by Criminal Finances Act 2017 (c. 22), ss. 25, 58(1)(6); S.I. 2018/78, reg. 3(j); S.I. 2021/724, reg. 2(1)(m))

[F128AArrest without warrant.S

(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 [F3or attempted to commit] an offence under [F4section [F524B,] 25 [F6or 25A]]; or

(b)whom he has reasonable grounds for suspecting has committed [F3or attempted to commit] that offence.

(4)F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

[F8(9A)A constable or immigration officer may arrest without warrant a person—

(a)who has committed an offence under section 26A or 26B; or

(b)whom he has reasonable grounds for suspecting has committed an offence under section 26A or 26B.]

[F9(9B)An immigration officer may arrest without warrant a person who, or whom the immigration officer has reasonable grounds for suspecting—

(a)has committed or attempted to commit an offence under section 21(1) or (1A) of the Immigration, Asylum and Nationality Act 2006 (employment of illegal worker etc), or

(b)is committing or attempting to commit that offence.]

[F10(9C)An immigration officer may arrest without warrant a person who, or whom the immigration officer has reasonable grounds for suspecting—

(a)has committed or attempted to commit an offence under section 33A or 33B of the Immigration Act 2014 (offences relating to residential tenancies), or

(b)is committing or attempting to commit that offence.]

(10)In relation to the exercise of the powers conferred by subsections (3)(b) F11. . . [F12, (5) [F13, (9B) and (9C)]] , it is immaterial that no offence has been committed.

(11)In Scotland the powers conferred by subsections (3) F14. . . [F15, (5) [F16, (9B) and (9C)]] may also be exercised by a constable.]

Extent Information

E2This version of this provision extends to Scotland and Northern Ireland only; a separate version has been created for England and Wales only

Textual Amendments

F1S. 28A inserted (14.2.2000) by 1999 c. 33, s. 128; 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.)

F3Words in s. 28A(3)(a)(b) inserted (31.5.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 14 para. 6; S.I. 2016/603, reg. 2(d)

F4Words in s. 28A(3)(a) substituted (10.2.2003) by 2002 c. 41, s. 144(3)(a) (with s. 159); S.I. 2003/1, art. 2, Sch.

F5Word in s. 28A(3)(a) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 34(4), 94(1); S.I. 2016/603, reg. 3(e) (with transitional provision in S.I. 2016/712, art. 2)

F7S. 28A(4) repealed (10.2.2003) by 2002 c. 41, ss. 144(3)(b), 161, Sch. 9 (with s. 159); S.I. 2003/1, art. 2, Sch.

F8S. 28A(9A) inserted (10.2.2003) by 2002 c. 41, s. 150(1) (with s. 159); S.I. 2003/1, art. 2, Sch.

F9S. 28A(9B) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 35(9)(a), 94(1); S.I. 2016/603, reg. 3(f)

F10S. 28A(9C) inserted (1.11.2016 for specified purposes, 1.12.2016 in so far as not already in force) by Immigration Act 2016 (c. 19), ss. 39(6)(a), 94(1); S.I. 2016/1037, reg. 2(a), 5(c)

F11Words in s. 28A(10) repealed (10.2.2003) by 2002 c. 41, ss. 144(3)(c), 161, Sch. 9 (with s. 159); S.I. 2003/1, art. 2, Sch.

F12Words in s. 28A(10) substituted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 35(9)(b), 94(1); S.I. 2016/603, reg. 3(f)

F14Words in s. 28A(11) repealed (10.2.2003) by 2002 c. 41, ss. 144(3)(d), 161, Sch. 9 (with s. 159); S.I. 2003/1, art. 2, Sch.

F15Words in s. 28A(11) substituted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 35(9)(c), 94(1); S.I. 2016/603, reg. 3(f)

Modifications etc. (not altering text)

C4Ss. 28A, 28CA, 28FA modified (1.1.2007) by The Accession (Immigration and Worker Authorisation) Regulations 2006 (S.I. 2006/3317), reg. 15(c)

C7S. 28A(1) modified (1.7.2013) by The Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013 (S.I. 2013/1460), regs. 1(1), 18(c) (with reg. 11(8))

[F128A Arrest without warrant.N.I.

(1)[F17An] immigration officer may arrest without warrant a person—