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Changes over time for: Section 28G
Llinell Amser Newidiadau
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Status:
Point in time view as at 20/07/2023.
Changes to legislation:
Immigration Act 1971, Section 28G is up to date with all changes known to be in force on or before 16 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
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
[28G Searching arrested persons.U.K.
(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.]
Textual Amendments
Modifications etc. (not altering text)
Yn ôl i’r brig