Immigration Act 1971
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Change 1
28E Entry and search of premises following arrest.
(1) This section applies if a person is arrested for an offence under this Part at a place other than a police station. (2) An immigration officer may enter and search any premises— (a) in which the person was when arrested, or (b) in which he was immediately before he was arrested, for evidence relating to the offence for which the arrest was made (“relevant evidence”). (3) The power may be exercised— (a) only if the officer has reasonable grounds for believing that there is relevant evidence on the premises; and (b) only to the extent that it is reasonably required for the purpose of discovering relevant evidence. (4) In relation to premises consisting of two or more separate dwellings, the power is limited to entering and searching— (a) any dwelling in which the arrest took place or in which the arrested person was immediately before his arrest; and (b) any parts of the premises which the occupier of any such dwelling uses in common with the occupiers of any other dwellings comprised in the premises. (5) An officer searching premises under subsection (2) may seize and retain anything he finds which he has reasonable grounds for believing is relevant evidence. (6) Subsection (5) does not apply to items which the officer has reasonable grounds for believing are items subject to legal privilege.
28E Entry and search of premises following arrest.
(1) This section applies if a person is arrested for an offence under this Part at a place other than a police station. (2) An immigration officer may enter and search any premises— (a) in which the person was when arrested, or (b) in which he was immediately before he was arrested, for evidence relating to the offence for which the arrest was made (“relevant evidence”). (3) The power may be exercised— (a) only if the officer has reasonable grounds for believing that there is relevant evidence on the premises; and (b) only to the extent that it is reasonably required for the purpose of discovering relevant evidence. (4) In relation to premises consisting of two or more separate dwellings, the power is limited to entering and searching— (a) any dwelling in which the arrest took place or in which the arrested person was immediately before his arrest; and (b) any parts of the premises which the occupier of any such dwelling uses in common with the occupiers of any other dwellings comprised in the premises. (5) An officer searching premises under subsection (2) may seize and retain anything he finds which he has reasonable grounds for believing is relevant evidence. (6) Subsection (5) does not apply to items which the officer has reasonable grounds for believing are items subject to legal privilege.
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