C6C2C4 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))
F1C3C5C128CAC4 Business premises: entry to arrest
1
A constable or immigration officer may enter and search any business premises for the purpose of arresting a person—
a
for an offence under section 24,
b
for an offence under section 24A, or
F2ba
for an offence under section 24B,
c
under paragraph 17 of Schedule 2.
2
The power under subsection (1) may be exercised only—
a
to the extent that it is reasonably required for a purpose specified in subsection (1),
b
if the constable or immigration officer has reasonable grounds for believing that the person whom he is seeking is on the premises,
c
with the authority of the Secretary of State (in the case of an immigration officer) or a Chief Superintendent (in the case of a constable), and
d
if the constable or immigration officer produces identification showing his status.
3
Authority for the purposes of subsection (2)(c)—
a
may be given on behalf of the Secretary of State only by a civil servant of the rank of at least Assistant Director, and
b
shall expire at the end of the period of seven days beginning with the day on which it is given.
4
Subsection (2)(d) applies—
a
whether or not a constable or immigration officer is asked to produce identification, but
b
only where premises are occupied.
5
Subsection (6) applies where a constable or immigration officer—
a
enters premises in reliance on this section, and
b
detains a person on the premises.
6
A detainee custody officer may enter the premises for the purpose of carrying out a search.
7
In subsection (6)—
“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).
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)