[F128B Search and arrest by warrant.U.K.
(1)Subsection (2) applies if a justice of the peace is, by written information on oath, satisfied that there are reasonable grounds for suspecting that a person (“the suspect”) who is liable to be arrested for a relevant offence is to be found on any premises.
(2)The justice may grant a warrant authorising any immigration officer or constable to enter, if need be by force, the premises named in the warrant for the purpose of searching for and arresting the suspect.
(3)Subsection (4) applies if in Scotland the sheriff or a justice of the peace is by evidence on oath satisfied as mentioned in subsection (1).
(4)The sheriff or justice may grant a warrant authorising any immigration officer or constable to enter, if need be by force, the premises named in the warrant for the purpose of searching for and arresting the suspect.
(5)“Relevant offence” means an offence under section 24(1)(a), (b), (c), (d), (e) or (f) [F2, 24A] [F324B, ] [F4, 26A or 26B.].]
Textual Amendments
F1S. 28B inserted (14.2.2000) by 1999 c. 33, s. 129; S.I. 2000/168, art. 2, Sch. (which amending provision is extended (with modifications) to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)
F2Words in s. 28B(5) substituted (10.2.2003) by 2002 c. 41, s. 144(4) (with s. 159); S.I. 2003/1, art. 2, Sch.
F3Word in s. 28B(5) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 34(5), 94(1); S.I. 2016/603, reg. 3(e) (with transitional provision in S.I. 2016/712, art. 2)
F4Words in s. 28B(5) inserted (10.2.2003) by 2002 c. 41, s. 150(2) (with s. 159); S.I. 2003/1, art. 2, Sch.
Modifications etc. (not altering text)
C1Pt. 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))
C2S. 28B modified (1.5.2004) by The Accession (Immigration and Worker Registration) Regulations 2004 (S.I. 2004/1219), reg. 9(11)(a)
C3S. 28B modified (22.9.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), ss. 2(11)(a), 48(1)
C4S. 28B modified (1.1.2007) by The Accession (Immigration and Worker Authorisation) Regulations 2006 (S.I. 2006/3317), reg. 15(a)
C5S. 28B modified (29.2.2008) by Immigration, Asylum and Nationality Act 2006 (c. 13), ss. 21(3)(a), 62; S.I. 2008/310, art. 2(1) (subject to art. 5)
C6S. 28B modified by Immigration and Asylum Act 1999 (c. 33), s. 109B(1)(a) (as inserted (31.1.2008) by UK Borders Act 2007 (c. 30), ss. 18, 59; S.I. 2008/99, art. 2)
S. 28B modified (31.1.2008) by UK Borders Act 2007 (c. 30), ss. 23(2)(a), 59; S.I. 2008/99, art. 2
C7S. 28B modified (1.7.2013) by The Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013 (S.I. 2013/1460), regs. 1(1), 15(3)(a), 18(a) (with reg. 11(8))
C8S. 28B modified (1.7.2013) by The Accession of Croatia (Immigration and Worker Authorisation) Regulations 2013 (S.I. 2013/1460), regs. 1(1), 18(a) (with reg. 11(8))
C9S. 28B 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))