The Immigration (Jersey) Order 2021

Section 4

SCHEDULE 2 U.K. ADMINISTRATIVE PROVISIONS AS TO CONTROL ON ENTRY ETC.

PART I U.K. GENERAL PROVISIONS.

Commencement Information

I1 Sch. 2 Pt. I comes into force in accordance with art. 1(1)

Immigration officers and medical inspectors

1.—(1) Immigration officers for the purposes of this Act shall be appointed in accordance with the Employment of States of Jersey Employees (Jersey) Law 2005. (2) The Medical Officer of Health (within the meaning of Article 10 of the Loi (1934) sur la Santé Publique) and his deputy shall be medical inspectors for the purposes of this Act. (3) In the exercise of their functions under this Act immigration officers and medical inspectors shall act in accordance with such instructions (not inconsistent with the immigration rules) as may be given them by the Minister. (4) An immigration officer or medical inspector may board any ship or aircraft for the purpose of exercising his functions under this Act. (5) An immigration officer, for the purpose of satisfying himself whether there are persons he may wish to examine under paragraph 2 below, may search any ship or aircraft and anything on board it, or any vehicle taken off a ship or aircraft on which it has been brought to Jersey.

Examination by immigration officers, and medical examination

2.—(1) An immigration officer may examine any persons who have arrived in Jersey by ship or aircraft (including transit passengers, members of the crew and others not seeking to enter Jersey) for the purpose of determining— (a) whether any of them is or is not a British citizen; and (b) whether, if he is not, he may or may not enter Jersey without leave; (c) whether, if he may not (i) he has been given leave which is still in force, (ii) he should be given leave and for what period or on what conditions (if any), or (iii) he should be refused leave; and (d) whether, if he has been given leave which is still in force, his leave should be curtailed. (2) Any such person, if he is seeking to enter Jersey, may be examined also by a medical inspector or by any qualified person carrying out a test or examination required by a medical inspector. (3) A person, on being examined under this paragraph by an immigration officer or medical inspector, may be required in writing by him to submit to further examination; but a requirement under this sub-paragraph shall not prevent a person who arrives as a transit passenger, or as a member of the crew of a ship or aircraft, or for the purpose of joining a ship or aircraft as a member of the crew, from leaving by his intended ship or aircraft.

Examination of persons who arrive with continuing leave

2A.—(1) This paragraph applies to a person who has arrived in Jersey with leave to enter which is in force but which was given to him before his arrival. (2) He may be examined by an immigration officer for the purpose of establishing— (a) whether there has been such a change in the circumstances of his case, since that leave was given, that it should be cancelled; (b) whether that leave was obtained as a result of false information given by him or his failure to disclose material facts; or (c) whether there are medical grounds on which that leave should be cancelled. (2A) Where the person’s leave to enter derives, by virtue of section 3A(3), from an entry clearance, he may also be examined by an immigration officer for the purpose of establishing whether the leave should be cancelled on the grounds that the person’s purpose in arriving in Jersey is different from the purpose specified in the entry clearance. (3) He may also be examined by an immigration officer for the purpose of determining whether it would be conducive to the public good for that leave to be cancelled. (4) He may also be examined by a medical inspector or by any qualified person carrying out a test or examination required by a medical inspector. (5) A person examined under this paragraph may be required by the officer or inspector to submit to further examination. (6) A requirement under sub-paragraph (5) does not prevent a person who arrives— (a) as a transit passenger, (b) as a member of the crew of a ship or aircraft, or (c) for the purpose of joining a ship or aircraft as a member of the crew, from leaving by his intended ship or aircraft. (7) An immigration officer examining a person under this paragraph may by notice suspend his leave to enter until the examination is completed. (8) An immigration officer may, on the completion of any examination of a person under this paragraph, cancel his leave to enter. (9) Cancellation of a person’s leave under sub-paragraph (8) is to be treated for the purposes of this Act as if he had been refused leave to enter at a time when he had a current entry clearance. (10) A requirement imposed under sub-paragraph (5) and a notice given under sub-paragraph (7) must be in writing.

3.—(1) An immigration officer or designated person may examine any person who is embarking or seeking to embark in Jersey for the purpose of determining whether he is a British citizen and, if he is not a British citizen, for the purpose of establishing– (a) his identity; (b) whether he entered Jersey lawfully; (c) whether he has complied with any conditions of leave to enter or remain in Jersey; (d) whether his return to Jersey is prohibited or restricted. (1A) If a person is examined under sub-paragraph (1) (whether by an immigration officer or designated person), an immigration officer may require the person, by notice in writing, to submit to further examination by the immigration officer for a purpose specified in that sub-paragraph. (2) So long as any Order in Council is in force under section 3(7) of this Act, an immigration officer may examine any person who is embarking or seeking to embark in Jersey for the purpose of determining— (a) whether any of the provisions of the Order apply to him; and (b) whether, if so, any power conferred by the Order should be exercised in relation to him and in what way.

Information and documents

4.—(1) It shall be the duty of any person examined under paragraph 2, 2A or 3 above to furnish to the person carrying out the examination all such information in his possession as that person may require for the purpose of that or any other person’s functions under that paragraph. (2) A person on his examination under paragraph 2, 2A or 3 above by an immigration officer, or on his examination under paragraph 3 above by a designated person, shall, if so required by an immigration officer or designated person— (a) produce either a valid passport with photograph or some other document satisfactorily establishing his identity and nationality or citizenship; and (b) declare whether or not he is carrying or conveying or has carried or conveyed, documents of any relevant description specified by the immigration officer or designated person, and produce any documents of that description which he is carrying or conveying. In paragraph (b), “relevant description” means any description appearing to the immigration officer or designated person to be relevant for the purposes of the examination. (3) Where under sub-paragraph (2)(b) above a person has been required to declare whether or not he is carrying or conveying, or has carried or conveyed, documents of any description— (a) he and any baggage or vehicle belonging to him or under his control; and (b) any ship, aircraft or vehicle in which he arrived in Jersey, may be searched with a view to ascertaining whether he is doing or, as the case may be, has done so by an immigration officer or a person acting under the directions of an immigration officer: Provided that no woman or girl shall be searched except by a woman. (4) Where a passport or other document is produced to or found by an immigration officer in accordance with this paragraph, the immigration officer may examine it and detain it– (a) for the purpose of examining it, for a period not exceeding 7 days; (b) for any purpose, until the person to whom the document relates is given leave to enter Jersey or is about to depart or be removed following refusal of leave or until it is decided that the person does not require leave to enter; (c) after a time described in paragraph (b), while the immigration officer thinks that the document may be required in connection with proceedings for judicial review of the exercise of a function the Immigration Acts or in respect of an offence. (4A) Where a passport or other document is produced to a designated person in accordance with this paragraph, the designated person— (a) may examine it and detain it; and (b) must deliver any detained passport or document to an immigration officer as soon as reasonably practicable. (4B) If a passport or document is delivered to an immigration officer in accordance with sub-paragraph (4A)(b), sub-paragraph (4) applies as if the immigration officer had detained the document (and, accordingly, the immigration officer may continue to detain it in accordance with sub-paragraph (4)(a), (b) or (c)). (5) For the purpose of ascertaining that a passport or other document produced or found in accordance with this paragraph relates to a person examined under paragraph 2, 2A or 3 above, the person carrying out the examination, or any immigration officer or designated person, may require the person being examined to provide biometric information (whether or not by submitting to a process by means of which information is obtained or recorded). (6) “Biometric information” has the meaning given by section 15 of the UK Borders Act 2007. (7) A person (“P”) who is under 16 may not be required to provide biometric information under sub-paragraph (5) unless— (a) the decision to require P to provide the information has been confirmed by a chief immigration officer, and (b) the information is provided in the presence of a person of full age who is— (i) P’s parent or guardian, or (ii) a person who for the time being takes responsibility for P. (8) The person mentioned in sub-paragraph (7)(b)(ii) may not be— (a) a person who is entitled to require the provision of information under sub-paragraph (5) (an “authorised person”), or (b) an officer of the Minister who is not such a person. (9) Sub-paragraph (7) does not prevent an authorised person requiring the provision of biometric information by a person the authorised person reasonably believes to be 16 or over.

5. The Minister may by Order make provision for requiring— (a) passengers disembarking or embarking in Jersey, or any class of such passengers, to produce to an immigration officer, if so required, landing or embarkation cards, and (b) passengers embarking in Jersey, or any class of such passengers, to produce to a designated person, if so required, embarkation cards, in such form as the Minister may direct, and for requiring the owners or agents of ships and aircraft to supply such cards to those passengers.

Designated persons

5A.—(1) In this Schedule “designated person” means a person designated by the Minister for the purposes of this Schedule. (2) A designation under this paragraph is subject to such limitations as may be specified in the designation. (3) A limitation under sub-paragraph (2) may, in particular, relate to the functions that are exercisable by virtue of the designation (and, accordingly, the exercise of functions under this Schedule by a designated person is subject to any such limitations specified in the person’s designation). (4) A designation under this paragraph— (a) may be permanent or for a specified period, (b) may (in either case) be withdrawn, and (c) may be varied. (5) The power to designate, or to withdraw or vary a designation, is exercised by the Minister giving notice to the person in question. (6) The Minister may designate a person under this paragraph only if the Secretary of State is satisfied that the person— (a) is capable of effectively carrying out the functions that are exercisable by virtue of the designation, (b) has received adequate training in respect of the exercise of those functions, and (c) is otherwise a suitable person to exercise those functions.

Directions to carriers and operators of ports etc

5B.—(1) The Minister may direct— (a) an owner or agent of a ship or aircraft, or (b) a person concerned in the management of a port, to make arrangements for designated persons to exercise a specified function, or a function of a specified description, in relation to persons of a specified description. (2) A direction under this paragraph must specify— (a) the port where, and (b) the date (or dates) and time (or times) when, a function is to be exercised under the arrangements. (3) A direction under this paragraph must be in writing. (4) A direction under this paragraph may specify a description of persons by reference, in particular, to— (a) the destination to which persons are travelling; (b) the route by which persons are travelling; (c) the date and time when the persons are travelling. (5) In this paragraph— “function” means a function under this Schedule; “specified” means specified in a direction under this paragraph.

Notice of leave to enter or of refusal of leave

6.—(1) Subject to sub-paragraph (3) below, where a person examined by an immigration officer under paragraph 2 above is to be given a limited leave to enter Jersey or is to be refused leave, the notice giving or refusing leave shall be given not later than twenty-four hours after the conclusion of his examination (including any further examination) in pursuance of that paragraph; and if notice giving or refusing leave is not given him before the end of those twenty-four hours, he shall (if not a British citizen) be deemed to have been given leave to enter Jersey for a period of six months subject to a condition prohibiting his taking employment and the immigration officer shall as soon as may be give him written notice of that leave. (2) Where on a person’s examination under paragraph 2 above he is given notice of leave to enter Jersey, then at any time before the end of twenty-four hours from the conclusion of the examination he may be given a further notice in writing by an immigration officer cancelling the earlier notice and refusing him leave to enter. (3) Where in accordance with this paragraph a person is given notice refusing him leave to enter Jersey, that notice may at any time be cancelled by notice in writing given him by an immigration officer; and where a person is given a notice of cancellation under this sub-paragraph, and the immigration officer does not at the same time give him indefinite or limited leave to enter or require him to submit to further examination, he shall be deemed to have been given leave to enter for a period of six months subject to a condition prohibiting his taking employment and the immigration officer shall as soon as may be given him written notice of that leave. (4) Where an entrant is a member of a party in charge of a person appearing to the immigration officer to be a responsible person, any notice to be given in relation to that entrant in accordance with this paragraph shall be duly given if delivered to the person in charge of the party.

Power to require medical examination after entry

7.—(1) This paragraph applies if an immigration officer examining a person under paragraph 2 decides— (a) that he may be given leave to enter Jersey; but (b) that a further medical test or examination may be required in the interests of public health. (2) This paragraph also applies if an immigration officer examining a person under paragraph 2A decides— (a) that his leave to enter Jersey should not be cancelled; but (b) that a further medical test or examination may be required in the interests of public health. (3) The immigration officer may give the person concerned notice in writing requiring him— (a) to report his arrival to such medical officer of health as may be specified in the notice; and (b) to attend at such place and time and submit to such test or examination (if any), as that medical officer of health may require. (4) In reaching a decision under paragraph (b) of sub-paragraph (1) or (2), the immigration officer must act on the advice of— (a) a medical inspector; or (b) if no medical inspector is available, a fully qualified medical practitioner.

Removal of persons refused leave to enter and illegal entrants

8.—(1) Where a person arriving in Jersey is refused leave to enter, an immigration officer may, subject to sub-paragraph (2) below— (a) give the captain of the ship or aircraft in which he arrives directions requiring the captain to remove him from Jersey in that ship or aircraft; or (b) give the owners or agents of that ship or aircraft directions requiring them to remove him from Jersey in any ship or aircraft specified or indicated in the directions, being a ship or aircraft of which they are the owners or agents; or (c) give those owners or agents directions requiring them to make arrangements for his removal from Jersey in any ship or aircraft specified or indicated in the directions to a country or territory so specified, being either— (i) a country of which he is a national or citizen; or (ii) a country or territory in which he has obtained a passport or other document of identity; or (iii) a country or territory in which he embarked for Jersey; or (iv) a country or territory to which there is reason to believe that he will be admitted. (2) No directions shall be given under this paragraph in respect of anyone after the expiration of two months beginning with the date on which he was refused leave to enter Jersey except that directions may be given under sub-paragraph (1)(b) or (c) after the end of that period if the immigration officer has within that period given written notice to the owners or agents in question of his intention to give directions to them in respect of that person.

9.—(1) Where an illegal entrant is not given leave to enter or remain in Jersey, an immigration officer may give any such directions in respect of him as in a case within paragraph 8 above are authorised by paragraph 8(1). (2) Any leave to enter Jersey which is obtained by deception shall be disregarded for the purposes of this paragraph.

10.—(1) Where it appears to the Minister either— (a) that directions might be given in respect of a person under paragraph 8 or 9 above, but that it is not practicable for them to be given or that, if given, they would be ineffective; or (b) that directions might have been given in respect of a person under paragraph 8 above but that the requirements of paragraph 8(2) have not been complied with; then the Minister may give to the owners or agents of any ship or aircraft any such directions in respect of that person as are authorised by paragraph 8(1)(c). (2) Where the Minister may give directions for a person’s removal in accordance with sub-paragraph (1) above, he may instead give directions for his removal in accordance with arrangements to be made by the Minister to any country or territory to which he could be removed under sub-paragraph (1). (3) The costs of complying with any directions given under this paragraph shall be defrayed by the Minister.

10A. Where directions are given in respect of a person under any of paragraphs 8 to 10 above, directions to the same effect may be given under that paragraph in respect of a member of the person’s family.

11. A person in respect of whom directions are given under any of paragraphs 8 to 10 above may be placed, under the authority of an immigration officer or the Minister, on board any ship or aircraft in which he is to be removed in accordance with the directions.

Seamen and aircrews

12.—(1) If, on a person’s examination by an immigration officer under paragraph 2 above, the immigration officer is satisfied that he had come to Jersey for the purpose of joining a ship or aircraft as a member of the crew, then the immigration officer may limit the duration of any leave he gives that person to enter Jersey by requiring him to leave Jersey in a ship or aircraft specified or indicated by the notice giving leave. (2) Where a person (not being a British citizen) arrives in Jersey for the purposes of joining a ship or aircraft as a member of the crew and, having been given leave to enter as mentioned in sub-paragraph (1) above, remains beyond the time limited by that leave, or is reasonably suspected by an immigration officer of intending to do so, an immigration officer may— (a) give the captain of that ship or aircraft directions requiring the captain to remove him from Jersey in that ship or aircraft; or (b) give the owners or agents of that ship or aircraft directions requiring them to remove him from Jersey in any ship or aircraft specified or indicated in the directions, being a ship or aircraft of which they are the owners or agents; or (c) give those owners or agents directions requiring them to make arrangements for his removal from Jersey in any ship or aircraft specified or indicated in the directions to a country or territory so specified, being either— (i) a country of which he is a national or citizen; or (ii) a country or territory in which he has obtained a passport or other document of identity; or (iii) a country or territory in which he embarked for Jersey; or (iv) a country or territory where he was engaged as a member of the crew of the ship or aircraft which he arrived in Jersey to join; or (v) a country or territory to which there is reason to believe that he will be admitted.

13.—(1) Where a person being a member of the crew of a ship or aircraft is examined by an immigration officer under paragraph 2 above, the immigration officer may limit the duration of any leave he gives that person to enter Jersey— (a) in the manner authorised by paragraph 12(1) above; or (b) if that person is to be allowed to enter Jersey in order to receive hospital treatment, by requiring him, on completion of that treatment, to leave Jersey in accordance with arrangements to be made for his repatriation; or (c) by requiring him to leave Jersey within a specified period in accordance with arrangements to be made for his repatriation. (2) Where a person (not being a British citizen) arrives in Jersey as a member of the crew of a ship or aircraft, and either— (A) having lawfully entered Jersey without leave by virtue of section 8(1) of this Act, he remains without leave beyond the time allowed by section 8(1), or is reasonably suspected by an immigration officer of intending to do so; or (B) having been given leave limited as mentioned in sub-paragraph (1) above, he remains beyond the time limited by that leave, or is reasonably suspected by an immigration officer of intending to do so; an immigration officer may— (a) give the captain of the ship or aircraft in which he arrived directions requiring the captain to remove him from Jersey in that ship or aircraft; or (b) give the owners or agents of that ship or aircraft directions requiring them to remove him from Jersey in any ship or aircraft specified or indicated in the directions, being a ship or aircraft of which they are the owners or agents; or (c) give those owners or agents directions requiring them to make arrangements for his removal from Jersey in any ship or aircraft specified or indicated in the directions to a country or territory so specified, being either— (i) a country of which he is a national or citizen; or (ii) a country or territory in which he has obtained a passport or other document of identity; or (iii) a country in which he embarked for Jersey; or (iv) a country or territory in which he was engaged as a member of the crew of the ship or aircraft in which he arrived in Jersey; or (v) a country or territory to which there is reason to believe that he will be admitted.

14.—(1) Where is appears to the Minister that directions might be given in respect of a person under paragraph 12 or 13 above, but that it is not practicable for them to be given or that, if given, they would be ineffective, then the Minister may give to the owners or agents of any ship or aircraft any such directions in respect of that person as are authorised by paragraph 12(2)(c) or 13(2)(c). (2) Where the Minister may give directions for a person’s removal in accordance with sub-paragraph (1) above, he may instead give directions for his removal in accordance with arrangements to be made by the Minister to any country or territory to which he could be removed under sub-paragraph (1). (3) The costs of complying with any directions given under this paragraph shall be defrayed by the Minister.

15. A person in respect of whom directions are given under any of paragraphs 12 to 14 above may be placed, under the authority of an immigration officer, on board any ship or aircraft in which he is to be removed in accordance with the directions.

Search of premises in connection with removal

15A.—(1) This paragraph applies if— (a) an immigration officer is lawfully on any premises, and (b) a person who is liable to be detained under paragraph 16(2) is on the premises. (2) The immigration officer may search the premises for documents which— (a) relate to the person, and (b) may be evidence for a ground on which the person’s leave to enter or remain in Jersey may be curtailed. (3) The power may be exercised— (a) only if the immigration officer has reasonable grounds for believing there are documents within sub-paragraph (2) on the premises, and (b) only to the extent that it is reasonably required for the purpose of discovering such documents. (4) An immigration officer searching premises under this paragraph may seize any document the officer finds which the officer has reasonable grounds for believing is a document within subparagraph (2). (5) Sub-paragraph (6) applies where— (a) an immigration officer is searching premises under this paragraph, and (b) any document the officer has reasonable grounds for believing is a document within sub-paragraph (2) is stored in any electronic form and is accessible from the premises. (6) The immigration officer may require the document to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form. (7) If a requirement under sub-paragraph (6) is not complied with or a document to which that sub-paragraph applies cannot be produced in a form of the kind mentioned in that sub-paragraph, the immigration officer may seize the device or medium on which it is stored. (8) But sub-paragraphs (4) to (7) do not apply to a document which the immigration officer has reasonable grounds for believing is an item subject to legal privilege. (9) An immigration officer may retain a document seized under this paragraph while— (a) the person to whom the document relates is liable to be detained under paragraph 16(2), and (b) the document falls within sub-paragraph (2)(b). (10) But a document may not be retained for the purpose mentioned in sub-paragraph (9) if a photograph or copy would be sufficient for that purpose.

Detention of persons liable to examination or removal

16.—(1) A person who may be required to submit to examination under paragraph 2 above may be detained under the authority of an immigration officer pending his examination and pending a decision to give or refuse him leave to enter. (1A) A person whose leave to enter has been suspended under paragraph 2A may be detained under the authority of an immigration officer pending— (a) completion of his examination under that paragraph; and (b) a decision on whether to cancel his leave to enter. (1B) A person who has been required to submit to further examination under paragraph 3(1A) may be detained under the authority of an immigration officer, for a period not exceeding 12 hours, pending the completion of the examination. (2) If there are reasonable grounds for suspecting that a person is someone in respect of whom directions may be given under any of paragraphs 8 to 10A or 12 to 14, that person may be detained under the authority of an immigration officer pending— (a) a decision whether or not to give such directions; (b) his removal in pursuance of such directions. (2A) But the detention of an unaccompanied child under sub-paragraph (2) is subject to paragraph 18B. (2B) The detention under sub-paragraph (2) of a person to whom section 60 (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section. (3) A person on board a ship or aircraft may, under the authority of an immigration officer, be removed from the ship or aircraft for detention under this paragraph; but if an immigration officer so requires the captain of a ship or aircraft shall prevent from disembarking in Jersey any person who has arrived in Jersey in the ship or aircraft and been refused leave to enter, and the captain may for that purpose detain him in custody on board the ship or aircraft. (4) The captain of a ship or aircraft, if so required by an immigration officer, shall prevent from disembarking in Jersey or before the directions for his removal have been fulfilled any person placed on board the ship or aircraft under paragraph 11 or 15 above, and the captain may for that purpose detain him in custody on board the ship or aircraft.

17.—(1) A person liable to be detained under paragraph 16 above may be arrested without warrant by a police officer or by an immigration officer. (2) If the Bailiff is satisfied by evidence on oath that there are reasonable grounds for suspecting that a person liable to be arrested under this paragraph is to be found on any premises, he may grant a warrant authorising any immigration officer or police officer to enter, if need be by reasonable force, the premises named in the warrant for the purpose of searching for and arresting that person.

18.—(1) Persons may be detained under paragraph 16 above in such places as the Minister may direct (when not detained in accordance with paragraph 16 on board a ship or aircraft). (1A) But the detention of an unaccompanied child under paragraph 16(2) is subject to paragraph 18B. (2) Where a person is detained or liable to be detained under paragraph 16, any immigration officer, police officer or prison officer, or any other person authorised by the Minister, may take all such steps as may be reasonably necessary for photographing, measuring or otherwise identifying him. (2A) The power conferred by sub-paragraph (2) includes power to take biometric information (within the meaning given by section 15 of the UK Borders Act 2007). (2B) Paragraph 4(7) to (9) applies to sub-paragraph (2) as it applies to paragraph 4(5). (3) Any person detained under paragraph 16 may be taken in the custody of a police officer, an immigration officer, or any person acting under the authority of an immigration officer, to and from any place where his attendance is required for the purpose of ascertaining his citizenship or nationality or of making arrangements for his admission to a country or territory other than the Jersey, or where he is required to be for any other purpose connected with the operation of this Act. (4) A person shall be deemed to be in legal custody at any time when he is detained under paragraph 16 or is being removed in pursuance of sub-paragraph (3) above.

18A.—(1) An immigration officer or police officer may search a person (“P”) who is detained under paragraph 16 for anything which P might use— (a) to cause physical injury to P or others, or (b) to assist P’s escape from legal custody. (2) The power to search P— (a) unless sub-paragraph (3) applies, does not include power to require P to remove any clothing other than an outer coat, jacket or glove, but (b) includes power to require P to open P’s mouth. (3) This sub-paragraph applies if an immigration officer or police officer has reasonable grounds to believe that there is concealed on P anything which P might use as mentioned in sub-paragraph (1). (4) The power to search P may be exercised only to the extent reasonably required for the purpose of discovering anything which P might use as mentioned in sub-paragraph (1). (5) An intimate search (as defined in section 28H(11)) may not be conducted under this paragraph. (6) An immigration officer or police officer may seize and retain anything found on a search of P if the officer or police officer has reasonable grounds to believe P might use it as mentioned in sub-paragraph (1). (7) Nothing seized under sub-paragraph (6) may be retained when P is released from detention under paragraph 16.

18B.—(1) Where a person detained under paragraph 16(2) is an unaccompanied child, the only place where the child may be detained is a short-term holding facility, except where— (a) the child is being transferred to or from a short-term holding facility, or (b) sub-paragraph (3) of paragraph 18 applies. (2) An unaccompanied child may be detained under paragraph 16(2) in a short-term holding facility for a maximum period of 24 hours, and only for so long as the following two conditions are met. (3) The first condition is that— (a) directions are in force that require the child to be removed from the short-term holding facility within the relevant 24 hour period, or (b) a decision on whether or not to give directions is likely to result in such directions. (4) The second condition is that the immigration officer under whose authority the child is being detained reasonably believes that the child will be removed from the short-term holding facility within the relevant 24 hour period in accordance with those directions. (5) An unaccompanied child detained under paragraph 16(2) who has been removed from a short-term holding facility and detained elsewhere may be detained again in a short-term holding facility but only if, and for as long as, the relevant 24 hour period has not ended. (6) An unaccompanied child who has been released following detention under paragraph 16(2) may be detained again in a short-term holding facility in accordance with this paragraph. (7) In this paragraph— “relevant 24 hour period”, in relation to the detention of a child in a short-term holding facility, means the period of 24 hours starting when the child was detained (or, in a case falling within sub-paragraph (5), first detained) in a short-term holding facility; “short-term holding facility” means a place used solely for the detention of detained persons for a period of not more than seven days or for such other period as may be prescribed by Regulations made by the States; “unaccompanied child” means a person— (a) who is under the age of 18, and (b) who is not accompanied (whilst in detention) by his or her parent or another individual who has care of him or her.

19.—(1) Where a person is refused leave to enter Jersey and directions are given in respect of him under paragraph 8 or 10 above, then subject to the provisions of this paragraph the owners or agents of the ship or aircraft in which he arrived shall be liable to pay the Minister on demand any expenses incurred by the latter in respect of the custody, accommodation or maintenance of that person for any period (not exceeding 14 days) after his arrival while he was detained or liable to be detained under paragraph 16 above. (2) Sub-paragraph (1) above shall not apply to expenses in respect of a person who, when he arrived in Jersey, held a certificate of entitlement or a current entry clearance or was the person named in a current work permit; and for this purpose a document purporting to be a certificate of entitlement, entry clearance or work permit is to be regarded as being one unless its falsity is reasonably apparent. (3) If, before the directions for a person’s removal under paragraph 8 or 10 above have been carried out, he is given leave to enter Jersey, or if he is afterwards given that leave in consequence of a judicial review of a refusal of leave to enter by virtue of which the directions were given, no sum shall be demanded under sub-paragraph (1) above for expenses incurred in respect of that person and any sum already demanded and paid shall be refunded. (4) Sub-paragraph (1) above shall not have effect in relation to directions which, in consequence of proceedings for judicial review, have ceased to have effect or are for the time being of no effect; and the expenses to which that sub-paragraph applies include expenses in conveying the person in question to and from the place where he is detained or accommodated unless the journey is made for the purpose of attending such proceedings.

20.—(1) Subject to the provisions of this paragraph, in either of the following cases, that is to say,— (a) where directions are given in respect of an illegal entrant under paragraph 9 or 10 above; and (b) where a person has lawfully entered Jersey without leave by virtue of section 8(1) of this Act, but directions are given in respect of him under paragraph 13(2)(A) above or, in a case within paragraph 13(2)(A), under paragraph 14; the owners or agents of the ship or aircraft in which he arrived in Jersey shall be liable to pay the Minister on demand any expenses incurred by the latter in respect of the custody, accommodation or maintenance of that person for any period (not exceeding 14 days) after his arrival while he was detained or liable to be detained under paragraph 16 above. (1A) Sub-paragraph (1) above shall not apply to expenses in respect of an illegal entrant if he obtained leave to enter by deception and the leave has not been cancelled under paragraph 6(2) above. (2) If, before the directions for a person’s removal from Jersey have been carried out, he is given leave to remain in Jersey, no sum shall be demanded under sub-paragraph (1) above for expenses incurred in respect of that person and any sum already demanded and paid shall be refunded. (3) Sub-paragraph (1) above shall not have effect in relation to directions which, in consequence of proceedings for judicial review, are for the time being of no effect; and the expenses to which that sub-paragraph applies include expenses in conveying the person in question to and from the place where he is detained or accommodated unless the journey is made for the purpose of attending such proceedings.

Temporary admission or release of persons liable to detention

21.—(1) A person liable to detention or detained under paragraph 16(1), (1A) or (2) above may, under the written authority of an immigration officer, be temporarily admitted to Jersey without being detained or be released from detention; but this shall not prejudice a later exercise of the power to detain him. (2) So long as a person is at large in Jersey by virtue of this paragraph, he shall be subject to such restrictions as to residence, as to his employment or occupation and as to reporting to the police or an immigration officer as may from time to time be notified to him in writing by an immigration officer. (2A) The provisions that may be included in restrictions as to residence imposed under sub-paragraph (2) include provisions of such a description as may be prescribed by Order made by the Minister. (2B) Such an Order may, among other things, provide for the inclusion of provisions— (a) prohibiting residence in one or more particular areas; (b) requiring the person concerned to reside in specified accommodation and prohibiting him from being absent from that accommodation except in accordance with the restrictions imposed on him. (2C) Such an Order may provide that a particular description of provision may be imposed only for prescribed purposes. (2D) The power to make Orders conferred by this paragraph includes a power to make different provision for different cases. (3) Sub-paragraph (4) below applies where a person who is at large in Jersey by virtue of this paragraph is subject to a restriction as to reporting to an immigration officer with a view to the conclusion of his examination under paragraph 2 or 2A above. (4) If the person fails at any time to comply with that restriction— (a) an immigration officer may direct that the person’s examination shall be treated as concluded at that time, but (b) nothing in paragraph 6 above shall require the notice giving or refusing him leave to enter Jersey to be given within twenty-four hours after that time.

Entry and search of premises

25A.—(1) This paragraph applies if— (a) a person is arrested under this Schedule; or (b) a person who was arrested 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. (6A) If, on an application made by an immigration officer, the Bailiff is satisfied that— (a) there are reasonable grounds for believing that relevant documents may be found on premises not within sub-paragraph (2) which are mentioned in sub-paragraph (6AA), and (b) any of the conditions in sub-paragraph (6B) is met, in relation to each set of premises specified in the application, the Bailiff may issue a warrant authorising an immigration officer to enter and search the premises. (6AA) The premises referred to in sub-paragraph (6A) above are— (a) one or more sets of premises specified in the application, or (b) subject to sub-paragraph (6BA), any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an “all premises warrant”). (6AB) If the application is for an all premises warrant, the Bailiff must also be satisfied— (a) that there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the relevant documents, and (b) that it is not reasonably practicable to specify in the application all the premises which the person occupies or controls and which might need to be searched. (6AC) Subject to sub-paragraph (6BA), the warrant may authorise entry to and search of premises on more than one occasion if, on the application, the Bailiff is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which the justice issues the warrant. (6AD) If it authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum. (6B) The conditions mentioned in sub-paragraph (6A)(b) 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 relevant documents; (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. (7) An officer searching premises under this paragraph may seize any documents he finds which he has reasonable grounds for believing are relevant documents. (7A) Sub-paragraph (7B) applies where— (a) an officer is searching premises under this paragraph, and (b) any document the officer has reasonable grounds for believing is a relevant document is stored in any electronic form and is accessible from the premises. (7B) The officer may require the document to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form. (7C) If a requirement under sub-paragraph (7B) is not complied with or a document to which that sub-paragraph applies cannot be produced in a form of the kind mentioned in that sub-paragraph, the officer may seize the device or medium on which it is stored. (8) But subparagraphs (7) to (7C) do not apply to documents which the officer has reasonable grounds for believing are items subject to legal privilege. (8A) An immigration officer may retain a document seized under this paragraph while the officer has reasonable grounds for believing that – (a) the arrested person may be liable to removal from Jersey in accordance with a provision of the Immigration Acts, and (b) retention of the document may facilitate the person’s removal. (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 Jersey or to which he is proposing to go. (10) “Senior officer” means an immigration officer not below the rank of chief immigration officer.

Searching persons arrested by immigration officers

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 Jersey 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. (8A) Sub-paragraph (8B) applies where— (a) an officer is searching a person under this paragraph, and (b) any document the officer has reasonable grounds for believing is a document within sub-paragraph (3)(b) is stored in any electronic form on a device or medium found on the person. (8B) The officer may require the document to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form. (8C) If a requirement under sub-paragraph (8B) is not complied with or a document to which that sub-paragraph applies cannot be produced in a form of the kind mentioned in that sub-paragraph, the officer may seize the device or medium on which it is stored. (8D) Sub-paragraphs (8B) and (8C) do not apply to a document which the officer has reasonable grounds for believing is an item subject to legal privilege. (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.

Searching persons in police custody

25C.—(1) This paragraph applies if a person— (a) has been arrested under this Schedule; and (b) is in custody at a police station. (2) An immigration officer may, at any time, search the arrested person in order to ascertain whether he has with him— (a) anything 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) any document which might— (i) establish his identity, nationality or citizenship; or (ii) indicate the place from which he has travelled to Jersey or to which he is proposing to go. (3) The power may be exercised only to the extent that the officer considers it to be necessary for the purpose of discovering anything of a kind mentioned in sub-paragraph (2). (4) An officer searching a person under this paragraph may seize and retain anything he finds, if he has reasonable grounds for believing that— (a) that person might use if for one or more of the purposes mentioned in sub-paragraph (2)(a); or (b) it might be a document falling within sub-paragraph (2)(b). (5) But the officer may not retain anything seized under sub-paragraph (2)(a)— (a) for longer than is necessary in view of the purpose for which the search was carried out; or (b) when the person from whom it was seized is no longer in custody or is in the custody of a court but has been released on bail. (6) 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. (7) An intimate search may not be conducted under this paragraph. (8) The person carrying out a search under this paragraph must be of the same sex as the person searched. (9) “Intimate search”, has the same meaning as in section 28H(11).

Access and copying

25D.—(1) If a person showing himself— (a) to be the occupier of the premises on which seized material was seized, or (b) to have had custody or control of the material immediately before it was seized, asks the immigration officer who seized the material for a record of what he seized, the officer must provide the record to that person within a reasonable time. (2) If a relevant person asks an immigration officer for permission to be granted access to seized material, the officer must arrange for that person to have access to the material under the supervision of an immigration officer. (3) An immigration officer may photograph or copy, or have photographed or copied, seized material. (4) If a relevant person asks an immigration officer for a photograph or copy of seized material, the officer must arrange for— (a) that person to have access to the material under the supervision of an immigration officer for the purpose of photographing or copying it; or (b) the material to be photographed or copied. (5) A photograph or copy made under sub-paragraph (4)(b) must be supplied within a reasonable time. (6) There is no duty under this paragraph to arrange for access to, or the supply of a photograph or copy of, any material if there are reasonable grounds for believing that to do so would prejudice— (a) the exercise of any functions in connection with which the material was seized; or (b) an investigation which is being conducted under this Act, or any criminal proceedings which may be brought as a result. (7) “Relevant person” means— (a) a person who had custody or control of seized material immediately before it was seized, or (b) someone acting on behalf of such a person. (8) “Seized material” means anything which has been seized and retained under this Schedule.

25E. Section 28L applies for the purposes of this Schedule as it applies for the purposes of Part III.

Supplementary duties of those connected with ships or aircraft or with ports

26.—(1) The owners or agents of a ship or aircraft employed to carry passengers for reward shall not, without the approval of the Minister, arrange for the ship or aircraft to call at a port in Jersey other than a port of entry for the purpose of disembarking passengers, if any of the passengers on board may not enter Jersey without leave, or for the purpose of embarking passengers unless the owners or agents have reasonable cause to believe all of them to be British citizens. (1A) Sub-paragraph (1) does not apply in such circumstances, if any, as the Minister may by Order prescribe. (2) The Minister may from time to time give written notice to the owners or agents of any ships or aircraft designating control areas for the embarkation or disembarkation of passengers in any port in Jersey, and specifying the conditions and restrictions (if any) to be observed in any control area; and where by notice given to any owners or agents a control area is for the time being designated for the embarkation or disembarkation of passengers at any port, the owners or agents shall take all reasonable steps to secure that, in the case of their ships or aircraft, passengers do not embark or disembark, as the case may be, at the port outside the control area and that any conditions or restrictions notified to them are observed. (3) The Minister may also from time to time give to any persons concerned with the management of a port in Jersey written notice designating control areas in the port and specifying conditions or restrictions to be observed in any control area; and any such person shall take all reasonable steps to secure that any conditions or restrictions as notified to him are observed.

27.—(1) The captain of a ship or aircraft arriving in Jersey— (a) shall take such steps as may be necessary to secure that persons on board do not disembark there unless either they have been examined by an immigration officer, or they disembark in accordance with arrangements approved by an immigration officer, or they are members of the crew who may lawfully enter Jersey without leave by virtue of section 8(1) of this Act; and (b) where the examination of persons on board is to be carried out on the ship or aircraft, shall take such steps as may be necessary to secure that those to be examined are presented for the purpose in an orderly manner. (2) The Minister may by Order require, or enable an immigration officer to require, a responsible person in respect of a ship or aircraft to supply– (a) a passenger list showing the names and nationality or citizenship of passengers arriving or leaving on board the ship or aircraft; (b) particulars of members of the crew of the ship or aircraft. (3) An Order under sub-paragraph (2) may relate– (a) to all ships or aircraft arriving or expected to arrive in Jersey; (b) to all ships or aircraft leaving or expected to leave Jersey; (c) to ships or aircraft arriving or expected to arrive in Jersey from or by way of a specified country; (d) to ships or aircraft leaving or expected to leave Jersey to travel to or by way of a specified country; (e) to specified ships or specified aircraft. (4) For the purposes of sub-paragraph (2) the following are responsible persons in respect of a ship or aircraft– (a) the owner or agent, and (b) the captain. (5) An Order under sub-paragraph (2)– (a) may specify the time at which or period during which information is to be provided, (b) may specify the form and manner in which information is to be provided, (ba) may require a responsible person to be able to receive, in a specified form and manner, communications sent by the Minister or an immigration officer relating to the information; and (c) may require information to be provided to the immigration officer or as the immigration officer directs.

Passenger information or service information

27B.—(1) This paragraph applies to ships or aircraft— (a) which have arrived, or are expected to arrive, in Jersey; or (b) which have left, or are expected to leave, Jersey. (2) If an immigration officer asks the owner or agent (“the carrier”) of a ship or aircraft for passenger information or service information, the carrier must provide that information to the officer or as the officer directs. (3) The officer may ask for passenger information or service information relating to— (a) a particular ship or particular aircraft of the carrier; (b) particular ships or aircraft (however described) of the carrier; or (c) all of the carrier’s ships or aircraft. (4) The officer may ask for— (a) all passenger information or service information in relation to the ship or aircraft concerned; or (b) particular passenger information or service information in relation to that ship or aircraft. (5) A request under sub-paragraph (2)— (a) must be in writing; (b) must state the date on which it ceases to have effect; and (c) continues in force until that date, unless withdrawn earlier by written notice by an immigration officer. (6) The date may not be later than six months after the request is made. (7) The fact that a request under sub-paragraph (2) has ceased to have effect as a result of sub-paragraph (5) does not prevent the request from being renewed. (8) The information must be provided— (a) in such form and manner as the Minister may direct; and (b) at such time as may be stated in the request. (8A) The officer may require a carrier to be able to receive communications from the officer in such form and manner as the Minister may direct. (9) “Passenger information” means such information relating to the passengers carried, or expected to be carried, by the ship or aircraft as may be specified. (9A) “Service information” means such information relating to the voyage or flight undertaken by the ship or aircraft as may be specified. (10) “Specified” means specified in an Order made by the Minister.

27BA.—(1) The Minister may make provision by Order requiring responsible persons in respect of ships or aircraft— (a) which have arrived, or are expected to arrive, in Jersey, or (b) which have left, or are expected to leave, Jersey, to supply information to the Minister or an immigration officer. (2) The following information may be required under sub-paragraph (1)— (a) information about the persons on board; (b) information about the voyage or flight. (3) An Order under this paragraph must— (a) specify or describe the classes of ships or aircraft to which they apply; (b) specify the information required to be supplied; (c) specify the time by which the information must be supplied; (d) specify the form and manner in which the information must be supplied. (4) An Order under this paragraph may require responsible persons to be able to receive, in a specified form and manner, communications sent by the Minister or an immigration officer relating to the information. (5) For the purposes of this paragraph, the following are responsible persons in respect of a ship or aircraft— (a) the owner or agent, and (b) the captain. (6) An Order under this paragraph may make different provision for different purposes, and in particular may make different provision for different types of carrier, journey or person on board.

27BB.—(1) The Minister may make provision by Order imposing penalties for failure to comply with— (a) an Order under paragraph 27(2) (Order requiring passenger list or particulars of member of crew), (b) any request or requirement under paragraph 27B (passenger and service information), or (c) an Order under paragraph 27BA (passenger, crew and service information). (2) An Order under sub-paragraph (1) may in particular make provision— (a) about how a penalty is to be calculated; (b) about the procedure for imposing a penalty; (c) about the enforcement of penalties; (d) allowing for an appeal against a decision to impose a penalty; and the Order may make different provision for different purposes. (3) Provision in the Order about the procedure for imposing a penalty must provide for a person to be given an opportunity to object to a proposed penalty in the circumstances set out in the Order. (4) The Order must provide that no penalty may be imposed on a person for failure to comply with an Order under paragraph 27(2), a request or requirement under paragraph 27B or an Order under paragraph 27BA where— (a) proceedings have been instituted against the person under section 27 in respect of the same failure; or (b) the failure consists of a failure to provide information that the person has also been required to provide under section 32 or 32A of the Immigration, Asylum and Nationality Act 2006 and— (i) a penalty has been imposed on the person in respect of a failure to provide that information by virtue of regulations made under section 32B of that Act, or (ii) proceedings have been instituted against the person under section 34 of that Act in respect of a failure to provide that information; or (c) the failure consists of a failure to provide information that the person has also been required to provide under an authority-to-carry scheme made under section 22 of the Counter-Terrorism and Security Act 2015 and a penalty has been imposed on the person in respect of a failure to provide that information by virtue of an Order made under section 24 of that Act. (5) Any penalty paid by virtue of this paragraph must be paid to the Treasurer of the States and credited to the Annual Income of the States.