C4C5C7 Part III Criminal Proceedings

Annotations:
Modifications etc. (not altering text)
C4

Pt. III extended (with modfications) (1.8.1993) by S.I. 1993/1796, art. 3(1), Sch. 1 Pt. I (Guernsey), S.I. 1993/1797, art. 3(1), Sch. 1 Pt. I (Jersey) (as amended by S.I. 2003/1252, art. 3(b) and (17.10.2012) by S.I. 2012/2593, arts. 1, 2(2))

C5

Pt. III extended (Isle of Man) (with modifications) (13.3.2008 for certain purposes and 1.5.2008 otherwise) by The Immigration (Isle of Man) Order 2008 (S.I. 2008/680), arts. 1(2), 5, 6(2)(b), 7, Sch. 3, Sch. 10 Pt. 1 (with Sch. 2 para. 2) (as amended (14.3.2019) by S.I. 2019/562, arts. 1, 5, 11)

C7

Pt. III modified by Immigration Act 2014 (c. 22), s. 33C(6) (as inserted (1.11.2016 for specified purposes, 1.12.2016 in so far as not already in force) by Immigration Act 2016 (c. 19), ss. 39(2), 94(1); S.I. 2016/1037, regs. 2(a), 5(c))

E128AC7C1F1 Arrest without warrant.

C2C61

F2An immigration officer may arrest without warrant a person—

a

who has committed or attempted to commit an offence under section 24 or 24A; or

b

whom he has reasonable grounds for suspecting has committed or attempted to commit such an offence.

2

But subsection (1) does not apply in relation to an offence under section 24(1)(d).

C3C23

An immigration officer may arrest without warrant a person—

a

who has committed F10or attempted to commit an offence under F3section F1424B, 25, 25A or 25B; or

b

whom he has reasonable grounds for suspecting has committed F10or attempted to commit that offence.

4

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

An immigration officer may arrest without warrant a person (“the suspect”) who, or whom he has reasonable grounds for suspecting—

a

has committed or attempted to commit an offence under section 26(1)(g); or

b

is committing or attempting to commit that offence.

6

The power conferred by subsection (5) is exercisable only if either the first or the second condition is satisfied.

7

The first condition is that it appears to the officer that service of a summons (or, in Scotland, a copy complaint) is impracticable or inappropriate because—

a

he does not know, and cannot readily discover, the suspect’s name;

b

he has reasonable grounds for doubting whether a name given by the suspect as his name is his real name;

c

the suspect has failed to give him a satisfactory address for service; or

d

he has reasonable grounds for doubting whether an address given by the suspect is a satisfactory address for service.

8

The second condition is that the officer has reasonable grounds for believing that arrest is necessary to prevent the suspect—

a

causing physical injury to himself or another person;

b

suffering physical injury; or

c

causing loss of or damage to property.

9

For the purposes of subsection (7), an address is a satisfactory address for service if it appears to the officer—

a

that the suspect will be at that address for a sufficiently long period for it to be possible to serve him with a summons (or copy complaint); or

b

that some other person specified by the suspect will accept service of a summons (or copy complaint) for the suspect at that address.

F59A

F2An immigration officer may arrest without warrant a person—

a

who has committed an offence under section 26A or 26B; or

b

whom he has reasonable grounds for suspecting has committed an offence under section 26A or 26B.

F139B

An immigration officer may arrest without warrant a person who, or whom the immigration officer has reasonable grounds for suspecting—

a

has committed or attempted to commit an offence under section 21(1) or (1A) of the Immigration, Asylum and Nationality Act 2006 (employment of illegal worker etc), or

b

is committing or attempting to commit that offence.

F159C

An immigration officer may arrest without warrant a person who, or whom the immigration officer has reasonable grounds for suspecting—

a

has committed or attempted to commit an offence under section 33A or 33B of the Immigration Act 2014 (offences relating to residential tenancies), or

b

is committing or attempting to commit that offence.

10

In relation to the exercise of the powers conferred by subsections (3)(b)F6. . . F12, (5) F16, (9B) and (9C) , it is immaterial that no offence has been committed.

11

In Scotland the powers conferred by subsections (3)F7. . . F11, (5) F17, (9B) and (9C) may also be exercised by a constable.

C1E3C6F128AArrest without warrant.

C21

A constable or immigration officer may arrest without warrant a person—

a

who has committed or attempted to commit an offence under section 24 or 24A; or

b

whom he has reasonable grounds for suspecting has committed or attempted to commit such an offence.

2

But subsection (1) does not apply in relation to an offence under section 24(1)(d).

C3C23

An immigration officer may arrest without warrant a person—

a

who has committed F10or attempted to commit an offence under F3section F1424B, 25, 25A or 25B; or

b

whom he has reasonable grounds for suspecting has committed F10or attempted to commit that offence.

4

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

An immigration officer may arrest without warrant a person (“the suspect”) who, or whom he has reasonable grounds for suspecting—

a

has committed or attempted to commit an offence under section 26(1)(g); or

b

is committing or attempting to commit that offence.

6

The power conferred by subsection (5) is exercisable only if either the first or the second condition is satisfied.

7

The first condition is that it appears to the officer that service of a summons (or, in Scotland, a copy complaint) is impracticable or inappropriate because—

a

he does not know, and cannot readily discover, the suspect’s name;

b

he has reasonable grounds for doubting whether a name given by the suspect as his name is his real name;

c

the suspect has failed to give him a satisfactory address for service; or

d

he has reasonable grounds for doubting whether an address given by the suspect is a satisfactory address for service.

8

The second condition is that the officer has reasonable grounds for believing that arrest is necessary to prevent the suspect—

a

causing physical injury to himself or another person;

b

suffering physical injury; or

c

causing loss of or damage to property.

9

For the purposes of subsection (7), an address is a satisfactory address for service if it appears to the officer—

a

that the suspect will be at that address for a sufficiently long period for it to be possible to serve him with a summons (or copy complaint); or

b

that some other person specified by the suspect will accept service of a summons (or copy complaint) for the suspect at that address.

F59A

A constable or immigration officer may arrest without warrant a person—

a

who has committed an offence under section 26A or 26B; or

b

whom he has reasonable grounds for suspecting has committed an offence under section 26A or 26B.

F139B

An immigration officer may arrest without warrant a person who, or whom the immigration officer has reasonable grounds for suspecting—

a

has committed or attempted to commit an offence under section 21(1) or (1A) of the Immigration, Asylum and Nationality Act 2006 (employment of illegal worker etc), or

b

is committing or attempting to commit that offence.

F159C

An immigration officer may arrest without warrant a person who, or whom the immigration officer has reasonable grounds for suspecting—

a

has committed or attempted to commit an offence under section 33A or 33B of the Immigration Act 2014 (offences relating to residential tenancies), or

b

is committing or attempting to commit that offence.

10

In relation to the exercise of the powers conferred by subsections (3)(b) F6. . . F12, (5) F16, (9B) and (9C) , it is immaterial that no offence has been committed.

11

In Scotland the powers conferred by subsections (3) F7. . . F11, (5) F17, (9B) and (9C) may also be exercised by a constable.

Annotations:
Extent Information
E3

This version of this provision extends to Scotland and Northern Ireland only; a separate version has been created for England and Wales only

C1E2C6F128A Arrest without warrant.

C21

F8An immigration officer may arrest without warrant a person—

a

who has committed or attempted to commit an offence under section 24 or 24A; or

b

whom he has reasonable grounds for suspecting has committed or attempted to commit such an offence.

2

But subsection (1) does not apply in relation to an offence under section 24(1)(d).

C3C23

An immigration officer may arrest without warrant a person—

a

who has committed F10or attempted to commit an offence under F3section F1424B, 25, 25A or 25B; or

b

whom he has reasonable grounds for suspecting has committed F10or attempted to commit that offence.

4

F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

An immigration officer may arrest without warrant a person (“the suspect”) who, or whom he has reasonable grounds for suspecting—

a

has committed or attempted to commit an offence under section 26(1)(g); or

b

is committing or attempting to commit that offence.

6

The power conferred by subsection (5) is exercisable only if either the first or the second condition is satisfied.

7

The first condition is that it appears to the officer that service of a summons (or, in Scotland, a copy complaint) is impracticable or inappropriate because—

a

he does not know, and cannot readily discover, the suspect’s name;

b

he has reasonable grounds for doubting whether a name given by the suspect as his name is his real name;

c

the suspect has failed to give him a satisfactory address for service; or

d

he has reasonable grounds for doubting whether an address given by the suspect is a satisfactory address for service.

8

The second condition is that the officer has reasonable grounds for believing that arrest is necessary to prevent the suspect—

a

causing physical injury to himself or another person;

b

suffering physical injury; or

c

causing loss of or damage to property.

9

For the purposes of subsection (7), an address is a satisfactory address for service if it appears to the officer—

a

that the suspect will be at that address for a sufficiently long period for it to be possible to serve him with a summons (or copy complaint); or

b

that some other person specified by the suspect will accept service of a summons (or copy complaint) for the suspect at that address.

F59A

F9An immigration officer may arrest without warrant a person—

a

who has committed an offence under section 26A or 26B; or

b

whom he has reasonable grounds for suspecting has committed an offence under section 26A or 26B.

F139B

An immigration officer may arrest without warrant a person who, or whom the immigration officer has reasonable grounds for suspecting—

a

has committed or attempted to commit an offence under section 21(1) or (1A) of the Immigration, Asylum and Nationality Act 2006 (employment of illegal worker etc), or

b

is committing or attempting to commit that offence.

F159C

An immigration officer may arrest without warrant a person who, or whom the immigration officer has reasonable grounds for suspecting—

a

has committed or attempted to commit an offence under section 33A or 33B of the Immigration Act 2014 (offences relating to residential tenancies), or

b

is committing or attempting to commit that offence.

10

In relation to the exercise of the powers conferred by subsections (3)(b) F6. . . F12, (5) F16, (9B) and (9C) , it is immaterial that no offence has been committed.

11

In Scotland the powers conferred by subsections (3) F7. . . F11, (5) F17, (9B) and (9C) may also be exercised by a constable.