Part VII Power To Arrest, Search and Fingerprint

Codes of practice

145 Codes of practice.

1

An immigration officer exercising any specified power to—

a

arrest, question, search or take fingerprints from a person,

b

enter and search premises, or

c

seize property found on persons or premises,

must have regard to such provisions of a code as may be specified.

2

Subsection (1) also applies to an authorised person exercising the power to take fingerprints conferred by section 141.

3

Any specified provision of a code may have effect for the purposes of this section subject to such modifications as may be specified.

4

“Specified” means specified in a direction given by the Secretary of State.

5

“Authorised person” has the same meaning as in section 141.

6

“Code” means—

a

in relation to England and Wales, any code of practice for the time being in force under the M1Police and Criminal Evidence Act 1984;

b

in relation to Northern Ireland, any code of practice for the time being in force under the M2Police and Criminal Evidence (Northern Ireland) Order 1989.

7

This section does not apply to any person exercising powers in Scotland.