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Immigration and Asylum Act 1999

Commentary on Sections

Part VII: Power to arrest, search and fingerprint

Section 136: Access and copying

380.This section lays down certain conditions relating to the handling of material which has been seized by an immigration officer under the new powers. The occupier of the premises on which the material was seized – or the person who had custody or control of material immediately before it was seized – must be given a record of what was seized within a reasonable time if they ask for this to be done. The section goes on to provide that the person who had custody or control of seized material immediately before it was seized or someone acting on their behalf must also be given access (under supervision) to the seized material and, if they so request, a photograph or copy of the material unless there are reasonable grounds for believing that to do so would prejudice any investigation being conducted under the 1971 Act or any criminal proceedings or the exercise of any functions in connection which the material was seized.

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