Information
45Search for evidence of nationality: other premises
1
This section applies where an individual—
a
has been arrested on suspicion of the commission of an offence, and
b
has not been released without being charged with an offence.
2
If, on an application made by an immigration officer or a constable, a justice of the peace is satisfied that there are reasonable grounds for believing that—
a
the individual may not be a British citizen,
b
nationality documents relating to the individual may be found on premises specified in the application,
c
the documents would not be exempt from seizure under section 46(2), and
d
any of the conditions in subsection (3) below applies,
the justice of the peace may issue a warrant authorising an immigration officer or constable to enter and search the premises.
3
The conditions are that—
a
it is not practicable to communicate with any person entitled to grant entry to the premises;
b
it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the nationality documents;
c
entry to the premises will not be granted unless a warrant is produced;
d
the purpose of a search may be frustrated or seriously prejudiced unless an immigration officer or constable arriving at the premises can secure immediate entry.
4
Sections 28J and 28K of the Immigration Act 1971 (c. 77) (warrants: application and execution) apply, with any necessary modifications, to warrants under this section.
5
In the application of this section to Scotland a reference to a justice of the peace shall be treated as a reference to the sheriff or a justice of the peace.