Search Legislation

Immigration Act 1971

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 28D

 Help about opening options

Version Superseded: 10/02/2003

Status:

Point in time view as at 14/02/2000. This version of this provision has been superseded. Help about Status

Changes to legislation:

Immigration Act 1971, Section 28D is up to date with all changes known to be in force on or before 05 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

[F128D Entry and search of premises.U.K.

(1)If, on an application made by an immigration officer, a justice of the peace is satisfied that there are reasonable grounds for believing that—

(a)a relevant offence has been committed,

(b)there is material on premises specified in the application which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence,

(c)the material is likely to be relevant evidence,

(d)the material does not consist of or include items subject to legal privilege, excluded material or special procedure material, and

(e)any of the conditions specified in subsection (2) applies,

he may issue a warrant authorising an immigration officer to enter and search the premises.

(2)The conditions are that—

(a)it is not practicable to communicate with any person entitled to grant entry to the premises;

(b)it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the evidence;

(c)entry to the premises will not be granted unless a warrant is produced;

(d)the purpose of a search may be frustrated or seriously prejudiced unless an immigration officer arriving at the premises can secure immediate entry to them.

(3)An immigration officer may seize and retain anything for which a search has been authorised under subsection (1).

(4)Relevant offence” means an offence under section 24(1)(a), (b), (c), (d), (e) or (f), section 24A or section 25.

(5)In relation to England and Wales, expressions which are given a meaning by the M1Police and Criminal Evidence Act 1984 have the same meaning when used in this section.

(6)In relation to Northern Ireland, expressions which are given a meaning by the M2Police and Criminal Evidence (Northern Ireland) Order 1989 have the same meaning when used in this section.

(7)In the application of subsection (1) to Scotland—

(a)read the reference to a justice of the peace as a reference to the sheriff or a justice of the peace; and

(b)in paragraph (d), omit the reference to excluded material and special procedure material.]

Textual Amendments

F1S. 28D inserted (14.2.2000) by 1999 c. 33, s. 131; S.I. 2000/168, art. 2, Sch

Modifications etc. (not altering text)

C1S. 28D(3): powers of seizure extended (prosp.) by 2001 c. 16, ss. 50, 52-54, 55, 68, 138(2), Sch. 1 Pt. 1 para. 15, Sch. 1 Pt. 3 para. 95 (with s. 57(3))

Marginal Citations

Back to top

Options/Help