C3C4C5 Part III Criminal Proceedings
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)
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))
C1C6C7F128KC5 Execution of warrants.
1
A warrant may be executed by any immigration officer.
2
A warrant may authorise persons to accompany the officer executing it.
F52A
A person so authorised has the same powers as the officer whom the person accompanies in respect of—
a
the execution of the warrant, and
b
the seizure or detention of anything to which the warrant relates.
2B
But the person may exercise those powers only in the company, and under the supervision, of an immigration officer.
3
Entry and search under a warrant must be—
a
within F10three months from the date of its issue; and
b
at a reasonable hour, unless it appears to the officer executing it that the purpose of a search might be frustrated.
F63A
If the warrant is an all premises warrant, no premises which are not specified in it may be entered or searched unless an immigration officer of at least the rank of chief immigration officer has in writing authorised them to be entered.
3B
No premises may be entered or searched for the second or any subsequent time under a warrant which authorises multiple entries unless an immigration officer of at least the rank of chief immigration officer has in writing authorised that entry to those premises.
4
If the occupier of premises which are to be entered and searched is present at the time when an immigration officer seeks to execute a warrant, the officer must—
a
identify himself to the occupier and F11, if not in uniform, produce identification showing that he is an immigration officer;
b
show the occupier the warrant; and
c
supply him with a copy of it.
5
If—
a
the occupier is not present, but
b
some other person who appears to the officer to be in charge of the premises is present,
subsection (4) has effect as if each reference to the occupier were a reference to that other person.
6
If there is no person present who appears to the officer to be in charge of the premises, the officer must leave a copy of the warrant in a prominent place on the premises.
7
A search under a warrant may only be a search to the extent required for the purpose for which the warrant was issued.
8
An officer executing a warrant must make an endorsement on it stating—
a
whether the persons or articles sought were found; and
b
whether any articles, other than articles which were sought, were seized.
F78A
Unless the warrant is a warrant specifying one set of premises only, the officer must comply with subsection (8) separately in respect of each set of premises entered and searched.
8B
Subject to subsection (8C), a warrant must be returned in accordance with subsection (9)—
a
when it has been executed, or
b
in the case of a specific premises warrant which has not been executed, an all premises warrant or any warrant authorising multiple entries, on the expiry of the period of three months referred to in subsection (3) or sooner.
8C
Subsection (8B) does not apply to a warrant issued by a justice of the peace in Scotland or by the sheriff if the warrant has been executed.
9
F9The warrant must be returned—
F2a
if issued by a justice of the peace in England and Wales, to the designated officer for the local justice area in which the justice was acting when he issued the warrant;
b
if issued by a justice of the peace in Northern Ireland, to the clerk of petty sessions F12...;
c
if issued by a justice of the peace in Scotland, to the clerk of the district court for the commission area for which the justice of the peace was appointed;
d
if issued by the sheriff, to the sheriff clerk.
C210
A warrant returned under subsection (9)(a) must be retained for 12 months by the F3designated officer .
11
A warrant issued under subsection (9)(b) or (c) must be retained for 12 months by the clerk.
12
A warrant returned under subsection (9)(d) must be retained for 12 months by the sheriff clerk.
13
If during that 12 month period the occupier of the premises to which it relates asks to inspect it, he must be allowed to do so.
F813A
In subsection (8B)—
“specific premises warrant” means a warrant which is not an all premises warrant;
“all premises warrant” means a warrant issued in response to an application of the kind mentioned in section 24E(6)(b), 28D(1A)(b) or 28FB(1A)(b) or paragraph 25A(6AA)(b) of Schedule 2.
13B
The reference in subsection (8B) to a warrant authorising multiple entries is to a warrant of the kind mentioned in section 24E(8), 28D(1C) or 28FB(3A) or paragraph 25A(6AC) of Schedule 2.
14
“Warrant” means a warrant to enter and search premises issued to an immigration officer under this Part or under paragraph 17(2) F4or 25A(6A) of Schedule 2.
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))