C8C4C6 Part III Criminal Proceedings
Pt. 3 extended (with modifications) (1.8.1993) by S.I. 1993/1796, art. 3(1), Sch. 1 Pt. 1 (Guernsey), S.I. 1993/1797, art. 3(1), Sch. 1 Pt. 1 (Jersey) (as amended by S.I. 2003/1252, art. 3(b) and (17.10.2012) by S.I. 2012/2593, arts. 1, 2(2))
Pt. 3 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))
E1C728AC6C1F1 Arrest without warrant.
C2C51
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—
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.
C96
The power conferred by subsection (5) is exercisable only if either the first or the second condition is satisfied.
C97
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.
C98
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.
C99
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.
C1010
C1011
C1E3C5C7F128AArrest 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—
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.
C96
The power conferred by subsection (5) is exercisable only if either the first or the second condition is satisfied.
C97
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.
C98
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.
C99
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.
C1010
C1011
C1E2C5C7F128A 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—
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.
C96
The power conferred by subsection (5) is exercisable only if either the first or the second condition is satisfied.
C97
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.
C98
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.
C99
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.
Pt. 3 extended (Isle of Man) (with modifications) (13.3.2008 for specified purposes and 1.5.2008 in so far as not already in force) 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; and (31.12.2020) by The Immigration (Isle of Man) (Amendment) Order 2020 (S.I. 2020/1214), arts. 1, 6(4)(5); and (11.11.2021) by The Immigration (Isle of Man) (Amendment) Order 2021 (S.I. 2021/1277), arts. 1(2), 8)