PART 2INVESTIGATIONS CONDUCTED BY IMMIGRATION OFFICERS

Exceptions4

1

Nothing in the application of the Act by virtue of article 3 confers on an immigration officer any power—

a

to charge a person with any offence; or

b

to release a person on bail.

2

Accordingly, in the Act as it applies by virtue of article 3—

a

references to a person being charged with an offence are to a person being charged with an offence by a constable, and

b

references to a person being released on bail are to a person being released on bail by a constable.

3

Nothing in the application of the Act by virtue of article 3 confers on an immigration officer any power to detain a person for an offence after the person has been charged with that offence.