28F Entry and search of premises following arrest under section 25(1).

1

An immigration officer may enter and search any premises occupied or controlled by a person arrested for an offence under section 25(1).

2

The power may be exercised—

a

only if the officer has reasonable grounds for suspecting that there is relevant evidence on the premises;

b

only to the extent that it is reasonably required for the purpose of discovering relevant evidence; and

c

subject to subsection (3), only if a senior officer has authorised it in writing.

3

The power may be exercised—

a

before taking the arrested person to a place where he is to be detained; and

b

without obtaining an authorisation under subsection (2)(c),

if the presence of that person at a place other than one where he is to be detained is necessary for the effective investigation of the offence.

4

An officer who has relied on subsection (3) must inform a senior officer as soon as is practicable.

5

The officer authorising a search, or who is informed of one under subsection (4), must make a record in writing of—

a

the grounds for the search; and

b

the nature of the evidence that was sought.

6

An officer searching premises under this section may seize and retain anything he finds which he has reasonable grounds for suspecting is relevant evidence.

7

“Relevant evidence” means evidence, other than items subject to legal privilege, that relates to the offence in question.

8

“Senior officer” means an immigration officer not below the rank of chief immigration officer.