{
  "url": "https://openlegislation.uk/immigration-jersey-order-2021/schedule-4A/part-VII",
  "json_url": "https://openlegislation.uk/immigration-jersey-order-2021/schedule-4A/part-VII.json",
  "legislation": "uksi/2021/1281",
  "legislation_title": "The Immigration (Jersey) Order 2021",
  "legislation_url": "https://openlegislation.uk/immigration-jersey-order-2021",
  "path": "schedule/4A/part/VII",
  "kind": "part",
  "number": "VII",
  "heading": "POWER TO ARREST, SEARCH AND FINGERPRINT",
  "text": "Fingerprinting\nFingerprinting.\n141.—(1) Fingerprints may be taken by an authorised person from a person to whom this section applies.\n(2) Fingerprints may be taken under this section only during the relevant period.\n(3) Fingerprints may not be taken under this section from a person under the age of sixteen (“the child”) except in the presence of a person of full age who is—\n(a) the child’s parent or guardian; or\n(b) a person who for the time being takes responsibility for the child.\n(4) The person mentioned in subsection (3)(b) may not be—\n(a) an officer of the Minister who is not an authorised person;\n(b) an authorised person.\n(5) “Authorised person” means—\n(a) a police officer;\n(b) an immigration officer;\n(c) a prison officer; or\n(d) an officer of the Minister authorised for the purpose.\n(7) This section applies to—\n(a) any person (“A”) who, on being required to do so by an immigration officer on his arrival in Jersey, fails to produce a valid passport with photograph or some other document satisfactorily establishing his identity and nationality or citizenship;\n(b) any person (“B”) who has been refused leave to enter Jersey but has been temporarily admitted under paragraph 21 of Schedule 2 to the 1971 Act if an immigration officer reasonably suspects that B might break any condition imposed on him relating to residence or as to reporting to the police or an immigration officer;\n(c) any person (“C”) in respect of whom the Minister has decided to make a deportation order;\n(ca) any person (“CA”) who requires leave to enter or remain in Jersey but does not have it;\n(d) any person (“D”) who has been detained under paragraph 16 of Schedule 2 to the 1971 Act or arrested under paragraph 17 of that Schedule;\n(e) any person (“E”) who has made a claim for asylum;\n(f) any person (“F”) who is—\n(i) a member of the family of a person within any of paragraphs (a), (b) or (ca) to (e), or\n(ii) a dependant of a person within paragraph (c).\n(8) “The relevant period” begins—\n(a) for A, on his failure to produce the passport or other document;\n(b) for B, on the decision to admit him temporarily;\n(c) for C, when he is notified of the decision mentioned in subsection (7)(c);\n(ca) for CA, when he becomes a person to whom this section applies;\n(d) for D, on his detention or arrest;\n(e) for E, on the making of his claim for asylum; and\n(f) for F, at the same time as for the person of whose family he is a member or whose dependant he is.\n(9) “The relevant period” ends on the earliest of the following—\n(a) the grant of leave to enter or remain in Jersey;\n(b) for A, B, C, CA or D, his removal or deportation from Jersey;\n(c) for C the revocation of the deportation order made against him, or its otherwise ceasing to have effect;\n(ca) for CA, when he no longer requires leave to enter or remain in Jersey;\n(d) for D, his release if he is no longer liable to the detained under paragraph 16 of Schedule 2 to the 1971 Act;\n(e) for E, the final determination or abandonment of his claim for asylum; and\n(f) for F, at the same time as for the person of whose family he is a member or whose dependant he is.\n(10) No fingerprints may be taken from A if the immigration officer considers that A has a reasonable excuse for the failure concerned.\n(11) No fingerprints may be taken from B unless the decision to take them has been confirmed by a chief immigration officer.\n(12) An authorised person may not take fingerprints from a person under the age of sixteen unless his decision to take them has been confirmed—\n(a) if he is a police officer, by a person designated for the purpose by the Chief Officer of the States of Jersey Police Force;\n(b) if he is a person mentioned in subsection (5)(b) or (e), by the Chief Immigration Officer;\n(c) if he is a prison officer, by a person designated for the purpose by the governor of the prison;\n(d) if he is an officer of the Minister, by a person designated for the purpose by the Minister.\n(13) Neither subsection (3) nor subsection (12) prevents an authorised person from taking fingerprints if he reasonably believes that the person from whom they are to be taken is aged sixteen or over.\n(13A) For the purposes of subsection (7)(f)(i), a person is a member of the family of another person (“P”) if—\n(a) the person is—\n(i) P’s partner,\n(ii) P’s child, or a child living in the same household as P in circumstances where P has care of the child,\n(iii) in a case where P is a child, P’s parent, or\n(iv) an adult dependant relative of P, and\n(b) the person does not have a right of abode in Jersey or indefinite leave to enter or remain in Jersey.\n(13B) In subsection (13A) “child” means a person who is under the age of 18.\n(14) For the purposes of subsection (7)(f)(ii), a person is a dependant of another person if—\n(a) he is that person’s spouse or child under the age of eighteen; and\n(b) he does not have a right of abode in Jersey or indefinite leave to enter or remain in Jersey.\n(15) “Claim for asylum” means a claim that it would be contrary to the United Kingdom’s obligations in respect of Jersey under the Refugee Convention or under Article 3 of the Human Rights Convention for the claimant to be removed from, or required to leave, Jersey.\nAttendance for fingerprinting.\n142.—(1) The Minister may, by notice in writing, require a person to whom section 141 applies to attend at a specified place for fingerprinting.\n(2) In the case of a notice given to a person of a kind specified in section 141(7)(a) to (d) or (f) (in so far as it applies to a member of the family of, or a dependant of, a person of a kind specified in section 141(7)(a) to (d)), the notice–\n(a) must require him to attend during a specified period of at least seven days beginning with a day not less than seven days after the date given in the notice as its date of issue, and\n(b) may require him to attend at a specified time of day or during specified hours.\n(2A) In the case of a notice given to a person of a kind specified in section 141(7)(e) or (f) (in so far as it applies to a member of the family of a person of a kind specified in section 141(7)(e)), the notice–\n(a) may require him to attend during a specified period beginning with a day not less than three days after the date given in the notice as its date of issue,\n(b) may require him to attend on a specified day not less than three days after the date given in the notice as its date of issue, and\n(c) may require him to attend at a specified time of day or during specified hours.\n(3) A police officer or immigration officer may arrest without warrant a person who has failed to comply with a requirement imposed on him under this section (unless the requirement has ceased to have effect).\n(4) Before a person arrested under subsection (3) is released—\n(a) he may be removed to a place where his fingerprints may conveniently be taken; and\n(b) his fingerprints may be taken (whether or not he is so removed).\n(5) A requirement imposed under subsection (1) ceases to have effect at the end of the relevant period (as defined by section 141).\nDestruction of fingerprints.\n143.—(1) If they have not already been destroyed, fingerprints must be destroyed before the end of the specified period beginning with the day on which they were taken.\n(2) If a person from whom fingerprints were taken proves that he is—\n(a) a British citizen, or\n(b) a Commonwealth citizen who has a right of abode in Jersey as a result of section 2(1)(b) of the 1971 Act,\nthe fingerprints must be destroyed as soon as reasonably practicable.\n(9) Fingerprints taken from F (within the meaning of section 141(7)) must be destroyed when fingerprints taken from the person of whose family he is a member or whose dependant he is have to be destroyed.\n(10) The obligation to destroy fingerprints under this section applies also to copies of fingerprints.\n(11) The Minister must take all reasonably practicable steps to secure—\n(a) that data which are held in electronic form and which relate to fingerprints which have to be destroyed as a result of this section are destroyed or erased; or\n(b) that access to such data is blocked.\n(12) The person to whom the data relate is entitled, on request, to a certificate issued by the Minister to the effect that he has taken the steps required by subsection (11).\n(13) A certificate under subsection (12) must be issued within three months of the date of the request for it.\n(15) “Specified period” means—\n(a) such period as the Minister may specify by Order;\n(b) if no period is so specified, ten years.\nOther methods of collecting data about physical characteristics.\n144.—(1) The States may make Regulations containing provisions equivalent to sections 141, 142 and 143 in relation to such other methods of collecting biometric information as may be specified in the Regulations.\n(2) “Biometric information” has the meaning given by section 15 of the UK Borders Act 2007.\nUse and retention of fingerprints etc.\n144A.—(1) Section 8 of the UK Borders Act 2007 (power to make Regulations about use and retention of biometric information) applies to—\n(a) fingerprints taken by virtue of section 141, and\n(b) biometric information taken by virtue of Regulations under section 144,\nas it applies to biometric information provided in accordance with Regulations under section 5(1) of that Act.\n(2) Regulations made by virtue of subsection (1)(a) must require fingerprints taken from a person (“F”) by virtue of section 141(7)(f) to be destroyed when fingerprints taken from the person of whose family F is a member or whose dependant F is are destroyed.\n(3) Regulations made by virtue of subsection (1)(b) must make equivalent provision in relation to biometric information taken by virtue of any provision of Regulations under section 144 which is equivalent to section 141(7)(f).\nCodes of practice\nCodes of practice.\n145.—(1) An immigration officer exercising any specified power to—\n(a) arrest, question, search or take fingerprints from a person,\n(b) enter and search premises, or\n(c) seize property found on persons or premises,\nmust have regard to such provisions of a code as may be specified.\n(2) Subsection (1) also applies to an authorised person exercising the power to take fingerprints conferred by section 141.\n(2A) A person exercising a power under Regulations made by virtue of section 144 must have regard to such provisions of a code as may be specified.\n(3) Any specified provision of a code may have effect for the purposes of this section subject to such modifications as may be specified.\n(4) “Specified” means specified in a direction given by the Minister.\n(5) “Authorised person” has the same meaning as in section 141.\n(6) “Code” means any code of practice for the time being in force under the Police Procedures and Criminal Evidence (Jersey) Law 2003.\nUse of force.\n146.—(1) An immigration officer exercising any power conferred on him by the Immigration Acts may, if necessary, use reasonable force.\n(2) A person exercising a power under any of the following may if necessary use reasonable force—\n(a) section 28FB of the 1971 Act (search for personnel records: with warrant),\n(b) section 141 or 142 of this Act, and\n(c) Regulations under section 144 of this Act.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 4A Pt. VII comes into force in accordance with art. 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2021/1281/schedule/4A/part/VII",
    "retrieved_at": "2026-10-28T22:07:00.888242+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}