PART 4Enforcement
Enforcement powers
Additional enforcement powers in respect of red list arrivals21
1
This regulation sets out additional enforcement powers in respect of red list arrivals.
2
Where an authorised person has reasonable grounds to believe that P is a red list arrival and that P has committed an offence under regulation 23(1)(a) or 23(4), the authorised person may—
a
require P to produce their passport or travel document for examination,
b
detain P for up to three hours,
c
search P and any baggage belonging to P or under P's control, or any vehicle in which P has travelled, for evidence, other than items subject to legal privilege, that relates to the possible commission of an offence under regulation 23(4),
d
seize and retain any document or article recovered by a search under sub-paragraph (c).
3
Paragraph (2) does not confer a power to detain or search an unaccompanied child.
4
Any search under paragraph (2) must be conducted by an authorised person of the same gender as P.
5
Paragraph (2) does not confer a power to conduct an intimate search.
6
This regulation does not apply where P is a diplomat within the meaning of Schedule 4.
7
An authorised person exercising the power in this regulation may use reasonable force, if necessary, in the exercise of the power.
8
An authorised person may only exercise a power in this regulation if the authorised person considers that it is a necessary and proportionate means of ensuring compliance with the managed isolation provisions.
9
For the purposes of this regulation, “authorised person” means—
a
a constable, or
b
an immigration officer.