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UK Borders Act 2007

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Changes over time for: Cross Heading: Detention at ports

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Version Superseded: 30/09/2020

Status:

Point in time view as at 12/07/2016.

Changes to legislation:

There are currently no known outstanding effects for the UK Borders Act 2007, Cross Heading: Detention at ports. Help about Changes to Legislation

Detention at portsE+W+N.I.

1Designated immigration officersE+W+N.I.

(1)The Secretary of State may designate immigration officers for the purposes of section 2.

(2)The Secretary of State may designate only officers who the Secretary of State thinks are—

(a)fit and proper for the purpose, and

(b)suitably trained.

(3)A designation—

(a)may be permanent or for a specified period, and

(b)may (in either case) be revoked.

Commencement Information

I1S. 1 in force at 31.1.2008 by S.I. 2008/99, art. 2(a)

2DetentionE+W+N.I.

(1)A designated immigration officer at a port in England, Wales or Northern Ireland may detain an individual if the immigration officer thinks that the individual—

(a)may be liable to arrest by a constable under section 24(1), (2) or (3) of the Police and Criminal Evidence Act 1984 (c. 60) or Article 26(1), (2) or (3) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)), or

(b)is subject to a warrant for arrest.

[F1(1A)A designated immigration officer at a port in Scotland may detain an individual if the immigration officer thinks that ] [F2the individual—

(a)may be liable to be detained by a constable under section 14 of the Criminal Procedure (Scotland) Act 1995 in respect of an offence under section 10(1) of the Counter-Terrorism and Security Act 2015, or

(b)is subject to a warrant for arrest.]

(2)A designated immigration officer who detains an individual—

(a)must arrange for a constable to attend as soon as is reasonably practicable,

(b)may search the individual for, and retain, anything that might be used to assist escape or to cause physical injury to the individual or another person,

(c)must retain anything found on a search which the immigration officer thinks may be evidence of the commission of an offence, and

(d)must, when the constable arrives, deliver to the constable the individual and anything retained on a search.

(3)An individual may not be detained under this section for longer than three hours.

(4)A designated immigration officer may use reasonable force for the purpose of exercising a power under this section.

(5)Where an individual whom a designated immigration officer has detained or attempted to detain under this section leaves the port, a designated immigration officer may—

(a)pursue the individual, and

(b)return the individual to the port.

(6)Detention under this section shall be treated as detention under the Immigration Act 1971 (c. 77) for the purposes of Part 8 of the Immigration and Asylum Act 1999 (c. 33) (detained persons).

Textual Amendments

F2Words in s. 2(1A) substituted (12.2.2015) by Counter-Terrorism and Security Act 2015 (c. 6), ss. 10(8), 52(5)

Modifications etc. (not altering text)

Commencement Information

I2S. 2 in force at 31.1.2008 by S.I. 2008/99, art. 2(a)

3EnforcementE+W+N.I.

(1)An offence is committed by a person who—

(a)absconds from detention under section 2,

(b)assaults an immigration officer exercising a power under section 2, or

(c)obstructs an immigration officer in the exercise of a power under section 2.

(2)A person guilty of an offence under subsection (1)(a) or (b) shall be liable on summary conviction to—

(a)imprisonment for a term not exceeding 51 weeks,

(b)a fine not exceeding level 5 on the standard scale, or

(c)both.

(3)A person guilty of an offence under subsection (1)(c) shall be liable on summary conviction to—

(a)imprisonment for a term not exceeding 51 weeks,

(b)a fine not exceeding level 3 on the standard scale, or

(c)both.

(4)In the application of this section to Northern Ireland—

(a)the reference in subsection (2)(a) to 51 weeks shall be treated as a reference to six months, and

(b)the reference in subsection (3)(a) to 51 weeks shall be treated as a reference to one month.

[F3(4A)In the application of this section to Scotland, the references in subsections (2)(a) and (3)(a) to 51 weeks shall be treated as references to 12 months.]

(5)In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44) (51 week maximum term of sentences)—

(a)the reference in subsection (2)(a) to 51 weeks shall be treated as a reference to six months, and

(b)the reference in subsection (3)(a) to 51 weeks shall be treated as a reference to one month.

Textual Amendments

Commencement Information

I3S. 3 in force at 31.1.2008 by S.I. 2008/99, art. 2(a)

4Interpretation: “port”E+W+N.I.

(1)In section 2 “port” includes an airport and a hoverport.

(2)A place shall be treated for the purposes of that section as a port in relation to an individual if a designated immigration officer believes that the individual—

(a)has gone there for the purpose of embarking on a ship or aircraft, or

(b)has arrived there on disembarking from a ship or aircraft.

Modifications etc. (not altering text)

Commencement Information

I4S. 4 in force at 31.1.2008 by S.I. 2008/99, art. 2(a)

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