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”.