PART 3Enforcement

Powers of immigration officers etc

56Detention etc. by immigration officers in Scotland

1

The Criminal Law (Consolidation) (Scotland) Act 1995 is amended as follows.

2

In section 24A (extension of period of detention under section 24) for subsection (7) substitute—

7

In this section and section 24B, “custody review officer” means—

a

an officer who—

i

is of a rank at least equivalent to that of police inspector, and

ii

has not been involved in the investigation in connection with which the person is detained, or

b

in relation to the detention of a person under section 24 by an immigration officer, a constable—

i

of the rank of inspector or above, and

ii

who has not been involved in the investigation in connection with which the person is detained.

3

In section 26A(2) (power of arrest of authorised immigration officers) omit “or immigration enforcement offence”.

4

Section 26B(1) (interpretation of Part 3) is amended as follows.

5

In the definition of “immigration offence”—

a

after “means” insert “— (a)”, and

b

at the end of paragraph (a) insert

, or

b

(insofar as it is not an offence within paragraph (a)) an offence under the Immigration Acts or in relation to which a power of arrest is conferred on an immigration officer by the Immigration Acts;

6

Omit the definition of “immigration enforcement offence”.