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.