154 Power to search for evidence
Nationality, Immigration and Asylum Act 2002 (2002 c 41) | Legislation

154  Power to search for evidence

The following shall be inserted after section 28F of the Immigration Act 1971 (c 77) (entry and search)—

“28FA Search for personnel records: warrant unnecessary

(1)     This section applies where—

(a)     a person has been arrested for an offence under section 24(1) or 24A(1),

(b)     a person has been arrested under paragraph 17 of Schedule 2,

(c)     a constable or immigration officer reasonably believes that a person is liable to arrest for an offence under section 24(1) or 24A(1), or

(d)     a constable or immigration officer reasonably believes that a person is liable to arrest under paragraph 17 of Schedule 2.

(2)     A constable or immigration officer may search business premises where the arrest was made or where the person liable to arrest is if the constable or immigration officer reasonably believes—

(a)     that a person has committed an immigration employment offence in relation to the person arrested or liable to arrest, and

(b)     that employee records, other than items subject to legal privilege, will be found on the premises and will be of substantial

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