Part VII Power To Arrest, Search and Fingerprint

Fingerprinting

C1C2141 Fingerprinting.

1

Fingerprints may be taken by an authorised person from a person to whom this section applies.

2

Fingerprints may be taken under this section only during the relevant period.

3

Fingerprints may not be taken under this section from a person under the age of sixteen (“the child”) except in the presence of a person of full age who is—

a

the child’s parent or guardian; or

b

a person who for the time being takes responsibility for the child.

4

The person mentioned in subsection (3)(b) may not be—

a

an officer of the Secretary of State who is not an authorised person;

b

an authorised person.

5

“Authorised person” means—

a

a constable;

b

an immigration officer;

c

a prison officer;

d

an officer of the Secretary of State authorised for the purpose; or

e

a person who is employed by a contractor in connection with the discharge of the contractor’s duties under a F1removal centre contract.

6

In subsection (5)(e) “contractor” and “F2removal centre contract” have the same meaning as in Part VIII.

7

This section applies to—

a

any person (“A”) who, on being required to do so by an immigration officer on his arrival in the United Kingdom, fails to produce a valid passport with photograph or some other document satisfactorily establishing his identity and nationality or citizenship;

b

any person (“B”) who has been refused leave to enter the United Kingdom but has been F18granted immigration bail under Schedule 10 to the Immigration Act 2016 if an immigration officer reasonably suspects that B might break any condition imposed on him relating to residence or as to reporting to the police or an immigration officer;

F7c

any person (“C”) in respect of whom the Secretary of State has decided—

i

to make a deportation order, or

ii

that section 32(5) of the UK Borders Act 2007 (automatic deportation of foreign criminals) applies;

ca

any person (“CA”) who requires leave to enter or remain in the United Kingdom but does not have it;

d

any person (“D”) who has been F5detained under paragraph 16 of Schedule 2 to the 1971 Act or arrested under paragraph 17 of that Schedule;

e

any person (“E”) who has made a claim for asylum;

F14f

any person (“F”) who is—

i

a member of the family of a person within any of paragraphs (a), (b) or (ca) to (e), or

ii

a dependant of a person within paragraph (c)(i).

8

“The relevant period” begins—

a

for A, on his failure to produce the passport or other document;

b

for B, on the decision to F19grant him bail ;

F8c

for C, when he is notified of the decision mentioned in subsection (7)(c);

ca

for CA, when he becomes a person to whom this section applies;

d

for D, on his F6detention or arrest;

e

for E, on the making of his claim for asylum; and

f

for F, at the same time as for the person F15of whose family he is a member or whose dependant he is.

9

“The relevant period” ends on the earliest of the following—

a

the grant of leave to enter or remain in the United Kingdom;

b

for A, B, C F11, CA or D, his removal or deportation from the United Kingdom;

F3c

for C—

i

the time when the F12decision mentioned in subsection (7)(c) ceases to have effect, whether as a result of an appeal or otherwise, or

ii

if a deportation order has been made against him, its revocation or its otherwise ceasing to have effect;

F9ca

for CA, when he no longer requires leave to enter or remain in the United Kingdom;

d

for D, his release if he is no longer liable to be detained under paragraph 16 of Schedule 2 to the 1971 Act;

e

for E, the final determination or abandonment of his claim for asylum; and

f

for F, at the same time as for the person F16of whose family he is a member or whose dependant he is.

10

No fingerprints may be taken from A if the immigration officer considers that A has a reasonable excuse for the failure concerned.

11

No fingerprints may be taken from B unless the decision to take them has been confirmed by a chief immigration officer.

12

An authorised person may not take fingerprints from a person under the age of sixteen unless his decision to take them has been confirmed—

a

if he is a constable, by a person designated for the purpose by the chief constable of his police force;

b

if he is a person mentioned in subsection (5)(b) or (e), by a chief immigration officer;

c

if he is a prison officer, by a person designated for the purpose by the governor of the prison;

d

if he is an officer of the Secretary of State, by a person designated for the purpose by the Secretary of State.

13

Neither subsection (3) nor subsection (12) prevents an authorised person from taking fingerprints if he reasonably believes that the person from whom they are to be taken is aged sixteen or over.

F1313A

For the purposes of subsection (7)(f)(i), a person is a member of the family of another person (“P”) if—

a

the person is—

i

P's partner,

ii

P's child, or a child living in the same household as P in circumstances where P has care of the child,

iii

in a case where P is a child, P's parent, or

iv

an adult dependant relative of P, and

b

the person does not have a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom.

13B

In subsection (13A) “child” means a person who is under the age of 18.

14

For the purposes of subsection F17(7)(f)(ii) , a person is a dependant of another person if—

a

he is that person’s spouse or child under the age of eighteen; and

b

he does not have a right of abode in the United Kingdom or indefinite leave to enter or remain in the United Kingdom.

15

“Claim for asylum” has the same meaning as in Part VI.

F1016

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F417

Section 157(1) applies to this section (in so far as it relates to removal centres by virtue of subsection (5)(e)) as it applies to Part VIII.