Part 9Miscellaneous and general
CHAPTER 1Miscellaneous
Seizure etc of travel documents
163Powers to seize etc invalid travel documents
1
Schedule 8 to the Anti-social Behaviour, Crime and Policing Act 2014 (Powers to seize invalid passports etc) is amended as follows.
2
For the italic heading before paragraph 3 substitute “Powers of search and seizure etc: places other than ports”.
3
In paragraph 3, for sub-paragraph (1) substitute—
1
An examining officer who is a constable or a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971 may exercise any of the powers under this paragraph, at a place that is not a port, if the examining officer reasonably believes that a person is in possession of a cancelled UK passport or an invalid non-UK travel document.
4
In that paragraph, in sub-paragraph (2)—
a
for “This paragraph applies to a passport” substitute “A passport is “a cancelled UK passport”;
b
at the end of paragraph (a) insert “and”;
c
omit the “and” at the end of paragraph (b);
d
omit paragraph (c).
5
After sub-paragraph (2) insert—
2A
An invalid travel document is “an invalid non-UK travel document” if it is, or appears to be, a passport or other document which has been issued by or for the government of a state other than the United Kingdom.
6
In that paragraph—
a
in sub-paragraph (3)—
i
in paragraph (a), for “the constable” substitute “the examining officer”;
ii
in paragraph (b), for “the constable” substitute “the examining officer”;
iii
in paragraph (d), for “the constable believes” substitute “the examining officer reasonably believes”;
b
in sub-paragraph (4)—
i
in paragraph (c), for “the constable believes” substitute “the examining officer reasonably believes”;
ii
in paragraph (d), for “the constable” substitute “the examining officer”;
c
in sub-paragraph (5)—
i
in the opening words, for “A constable” substitute “An examining officer”;
ii
in sub-paragraph (b), for “the constable’s behalf” substitute “the examining officer’s behalf”.
7
After paragraph 3 insert—
3APowers of entry, search and seizure etc: constables
1
A constable may exercise any of the powers under this paragraph in relation to any premises, other than premises forming part of a port, if the constable reasonably believes that a cancelled UK passport or an invalid non-UK travel document is on the premises (whether or not in the possession of a person who is also on the premises).
2
The powers are—
a
to enter the premises;
b
to search the premises for travel documents and to take possession of any that the constable finds;
c
to inspect any travel document taken and to retain it while its validity is checked;
d
(subject to paragraph 4) to retain any travel document taken that the constable reasonably believes to be invalid.
3
A constable—
a
may if necessary use reasonable force for the purpose of exercising a power under this paragraph;
b
may authorise a person to carry out on the constable’s behalf a search under this paragraph.
4
This paragraph does not affect any power of a constable under paragraph 3(3), (4)(a) to (c) or (5) in relation to a person on any premises entered under sub-paragraph (2)(a).
8
In paragraph 4 (retention or return of documents seized)—
a
in sub-paragraph (1), for “2(2)(c) or 3(3)(c)” substitute “2(2)(c), 3(3)(c) or 3A(2)(c)”;
b
after sub-paragraph (2) insert—
2A
If it is established that a travel document taken from any premises under paragraph 3A—
a
is valid, or
b
is invalid only because it has expired,
it must be returned to the person to whom it was issued straight away.
c
after sub-paragraph (3) insert—
3A
A travel document taken from premises under paragraph 3A must be returned to the person to whom it was issued before the end of the period of 7 days beginning with the day on which it was taken, unless during that period it is established that the document is invalid for some reason other than expiry.
d
in sub-paragraph (4), for “(2)(b) or (3)” substitute “(2)(b), (2A), (3) or (3A)”;
e
in that sub-paragraph, after “from whom he or she took the document” insert “or (as the case may be) to whom it was issued”;
f
in sub-paragraph (5), for “(2) or (3)” substitute “(2), (2A), (3) or (3A)”.
9
In paragraph 5 (offences), in sub-paragraph (2), for “a search under paragraph 2 or 3” substitute “the exercise of a power of search under paragraph 2, 3 or 3A, or the exercise of a power of entry under paragraph 3A,”.
10
In paragraph 6 (power of arrest), for “2” substitute “2 or 3”.