Immigration Officers: Powers
Home Department

Photo of David Davis

David Davis (Shadow Home Secretary (Assisted By Shadow Law Officers), Home Affairs; Haltemprice and Howden, Conservative)

To ask the Secretary of State for the Home Department what the offences are for which an immigration officer can (a) detain and (b) arrest an individual at a UK port.

Photo of Jacqui Smith

Jacqui Smith (Home Secretary; Redditch, Labour)

There are 50 offences for which an immigration officer may arrest and detain an individual at a United Kingdom port. A full list of offences is contained in Annex A.

Under section 2 of the UK Borders Act 2007 a designated immigration officer at a port in England, Wales or Northern Ireland may also detain (for a maximum of three hours) any individual who the officer thinks is subject to a warrant for arrest or may be liable to arrest by a constable for any offence, pending arrival of a constable.

Powers of arrest under section 28A Immigration Act 1971
Offence
S.24(1)(a) Entry without leave/in breach of Deportation Order (or attempting)
S.24(l)(d) Failure to submit to medical examination
S.24(1)(e) Failure to comply with Temporary Admission
S.24(l)(f) Disembarks after being placed on board for Removal Directions
S.24(l)(g) Breach of condition of restriction order under S.3(7)
S.24A(l)(a) Deception to seek/gain Leave To Enter/Remain
S.25(l) Act which knowingly facilitates breach of immigration law by non EU citizen
S.25A(1) Knowingly, for gain, facilitates entry into UK of asylum seeker
S.25B(1) Assisting entry in breach of Deportation Order
S.25B(3) Facilitating the arrival of an excluded person
S.26(1)(g) Obstruction of an Immigration Officer
S.26A(3)(a) Makes false registration card
S.26A(3)(b) Alters card with intent deceive/for another to deceive
S.26A(3)(c) Possession false/altered card without reasonable excuse
S.26A(3)(d) Uses/attempts use false card for purpose which a card is issued
S.26A(3)(e) Uses/attempts use altered card with intent to deceive
S.26A(3)(f) Makes article to be used in making false card
S.26A(3)(g) Makes article to alter card with intent to deceive/enable another to deceive
S.26A(3)(h) Possession (f) or (g) article without reasonable excuse
S.26B(1) Possession immigration stamp without reasonable excuse
S.26B(2) Possession replica immigration stamp without reasonable excuse
Asylum and Immigration (Treatment of Claimants etc) Act 2004
Offence
S.2(l) Offence of not having at leave or asylum interview an immigration document which is in force and satisfactorily establishes identity and nationality/citizenship. (Power of arrest under s.2 (10))
S.2(2) Offence of not having at leave or asylum interview, in respect of a dependant child, an immigration document which is in force and satisfactorily establishes the child's identity and nationality/citizenship. (Power of arrest under s.2 (10))
S.4(l) Arranging or facilitating the arrival in the UK of a person, where the accused intends to exploit that person or believes that another person is likely to do so. (Power of arrest under s.14(1))
S.4(2) Arranging or facilitating travel within the UK by a person, where the accused intends to exploit that person or believes that another person is likely to do so
S.4(3) Arranging or facilitating the departure from the UK of a person, where the accused intends to exploit that person outside the UK or believes that another person is likely to do so
S.14 Power of arrest under s. 14(1) for offences listed
Offence
Common Law Conspiracy to Defraud
s.57 Offences v Person Act 1861 Bigamy (offences against person act 1861)
s.3(1)(a) Perjury Act 1911 Making a false statement to procure marriage
s.3(1)(b) Perjury Act 1911 Make false statement for entry in marriage register
s.4 Perjury Act 1911 False statement relating to birth and death
s.7 Perjury Act 1911 (for ss 3 and 4) Aiding and abetting offences under ss 3 and 4 of the Perjury Act 1911
s.1 Theft Act 1968 Theft
s.15 Theft Act 1968 Obtaining property by deception
s.16 Theft Act 1968 Obtaining pecuniary advantage by deception
s.17 Theft Act 1968 False accounting
s.22 Theft Act 1968 Handling stolen goods
s.1 Theft Act 1978 Obtaining services by deception
s.2 Theft Act 1978 Evading liability by deception
s.1 Forgery and Counterfeiting Act 1981 Forgery
s.2 Forgery and Counterfeiting Act 1981 Copying false instrument
s.3 Forgery and Counterfeiting Act 1981 Using false instrument
s.4 Forgery and Counterfeiting Act 1981 Using copy of false instrument
s.25(l) Identity Cards Act 2006 Possession of a false identity document with intent
s.25(3) Identity Cards Act 2006 Possession of article designed to make false identity document
s.25(5) Identity Cards Act 2006 Possession of false identity document
s.57 Sexual Offences Act 2003 Trafficking into UK for sexual exploitation
s.58 Sexual Offences Act 2003 Trafficking within UK for sexual exploitation
s.59 Sexual Offences Act 2003 Trafficking out of UK for sexual exploitation
S.35(3) Failing to comply with a requirement of the S of S under section 35(1), without reasonable excuse (i.e. failure to comply with re-documentation process)

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