Section 28F Entry and search of premises following arrest under section 25, 25A, or 25B.C4F4C1C2F1
United Kingdom
The power may be exercised—
only if the officer has reasonable grounds for suspecting that there is relevant evidence on the premises;
only to the extent that it is reasonably required for the purpose of discovering relevant evidence; and
subject to subsection (3), only if a senior officer has authorised it in writing.
The power may be exercised—
before taking the arrested person to a place where he is to be detained; and
without obtaining an authorisation under subsection (2)(c),
if the presence of that person at a place other than one where he is to be detained is necessary for the effective investigation of the offence.
An officer who has relied on subsection (3) must inform a senior officer as soon as is practicable.
The officer authorising a search, or who is informed of one under subsection (4), must make a record in writing of—
the grounds for the search; and
the nature of the evidence that was sought.
An officer searching premises under this section may seize and retain anything he finds which he has reasonable grounds for suspecting is relevant evidence.
“Relevant evidence” means evidence, other than items subject to legal privilege, that relates to the offence in question.
“Senior officer” means an immigration officer not below the rank of chief immigration officer.
Annotations
Textual amendments
- F1
S. 28F inserted (14.2.2000) by 1999 c. 33, s. 133; S.I. 2000/168, art. 2, Sch. (which amending provision is extended to Jersey (5.6.2003) by S.I. 2003/1252, art. 2, Sch.)
- F2
Words in s. 28F(1) substituted (10.2.2003) by 2002 c. 41, s. 144(7) (with s. 159); S.I. 2003/1, art. 2, Sch.
- F3
Word in s. 28F(1) omitted (31.12.2020) by virtue of The Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (Consequential, Saving, Transitional and Transitory Provisions) (EU Exit) Regulations 2020 (S.I. 2020/1309), reg. 1(2), Sch. 1 para. 1(1)(d) (with Sch. 1 para. 1(5))
- F4
S. 28F: title substituted (10.2.2003) by virtue of 2002 c. 41, s. 144(7) (with s. 159); S.I. 2003/1, art. 2, Sch.
Modifications
- C1
S. 28F applied (1.12.2004) by Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19), s. 14(3)(b); S.I. 2004/2999, art. 2, Sch.
- C2
Ss. 24-29: amendment to earlier affecting S.I. 1993/1797, Sch. 1 Pt. 1 (11.10.2017 coming into force in accordance with art. 1) by The Immigration (Jersey) (Amendment) Order 2017 (S.I. 2017/981), Sch. Pt. 1 para. 1 (with art. 6)
- C3
S. 28F(6): powers of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-55, 68, Sch. 1 Pt. 1 para. 15; S.I. 2003/708, art. 2
- C4
Pt. 3 modified by Immigration Act 2014 (c. 22), s. 33C(6) (as inserted (1.11.2016 for specified purposes, 1.12.2016 in so far as not already in force) by Immigration Act 2016 (c. 19), ss. 39(2), 94(1); S.I. 2016/1037, regs. 2(a), 5(c))
Notes on Part III
Modifications
- C1
Pt. 3 extended (Isle of Man) (with modifications) (13.3.2008 for specified purposes and 1.5.2008 in so far as not already in force) by The Immigration (Isle of Man) Order 2008 (S.I. 2008/680), arts. 1(2), 5, 6(2)(b), 7, Sch. 3, Sch. 10 Pt. 1 (with Sch. 2 para. 2) (as amended (14.3.2019) by S.I. 2019/562, arts. 1, 5, 11; and (31.12.2020) by The Immigration (Isle of Man) (Amendment) Order 2020 (S.I. 2020/1214), arts. 1, 6(4)(5); and (11.11.2021) by The Immigration (Isle of Man) (Amendment) Order 2021 (S.I. 2021/1277), arts. 1(2), 8)
- C2
Pt. 3 extended (with modifications) (1.8.1993) by S.I. 1993/1796, art. 3(1), Sch. 1 Pt. 1 (Guernsey), S.I. 1993/1797, art. 3(1), Sch. 1 Pt. 1 (Jersey) (as amended by S.I. 2003/1252, art. 3(b) and (17.10.2012) by S.I. 2012/2593, arts. 1, 2(2))