SCHEDULES

SCHEDULE 2 Administrative Provisions as to Control on Entry etc.

Part I General Provisions

Detention of persons liable to examination or removal

17

(1)

A person liable to be detained under paragraph 16 above may be arrested without warrant by a constable or by an immigration officer.

(2)

If—

(a)

a justice of the peace is by written information on oath satisfied that there is reasonable ground for suspecting that a person liable to be arrested under this paragraph is to be found on any premises; or

(b)

in Scotland, a sheriff, or a F1. . . justice of the peace, having jurisdiction in the place where the premises are situated is by evidence on oath so satisfied;

he may grant a warrant F2authorising any immigration officer or constable to enter, F3if need be by reasonable force, the premises named in the warrant for the purpose of searching for and arresting that person.

F4(3)

Sub-paragraph (4) applies where an immigration officer or constable—

(a)

enters premises in reliance on a warrant under sub-paragraph (2), and

(b)

detains a person on the premises.

(4)

A detainee custody officer may enter the premises, if need be by reasonable force, for the purpose of carrying out a search.

(5)

In sub-paragraph (4)—

“detainee custody officer” means a person in respect of whom a certificate of authorisation is in force under section 154 of the Immigration and Asylum Act 1999 (c. 33) (detained persons: escort and custody), and

“search” means a search under paragraph 2(1)(a) of Schedule 13 to that Act (escort arrangements: power to search detained person).