Section 28A — Immigration Act 1971: Arrest without warrant.

Arrest without warrant. 28A 1 An immigration officer may arrest without warrant a person—

a who has committed or attempted to commit an offence under section 24 or 24A; or b whom he has reasonable grounds for suspecting has committed or attempted to commit such an offence.

2 But subsection (1) does not apply in relation to an offence under section 24(1)(d).

3 An immigration officer may arrest without warrant a person—

a who has committed or attempted to commit an offence under section 24B, 25 or 25A ; or b whom he has reasonable grounds for suspecting has committed or attempted to commit that offence. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5 An immigration officer may arrest without warrant a person (“ the suspect ”) who, or whom he has reasonable grounds for suspecting—

a has committed or attempted to commit an offence under section 26(1)(g); or b is committing or attempting to commit that offence.

6 The power conferred by subsection (5) is exercisable only if either the first or the second condition is satisfied.

7 The first condition is that it appears to the officer that service of a summons (or, in Scotland, a copy complaint) is impracticable or inappropriate because—

a he does not know, and cannot readily discover, the suspect’s name;

b he has reasonable grounds for doubting whether a name given by the suspect as his name is his real name;

c the suspect has failed to give him a satisfactory address for service; or d he has reasonable grounds for doubting whether an address given by the suspect is a satisfactory address for service.

8 The second condition is that the officer has reasonable grounds for believing that arrest is necessary to prevent the suspect—

a causing physical injury to himself or another person;

b suffering physical injury; or c causing loss of or damage to property.

9 For the purposes of subsection (7), an address is a satisfactory address for service if it appears to the officer—

a that the suspect will be at that address for a sufficiently long period for it to be possible to serve him with a summons (or copy complaint); or b that some other person specified by the suspect will accept service of a summons (or copy complaint) for the suspect at that address. 9A An immigration officer may arrest without warrant a person—

a who has committed an offence under section 26A or 26B; or b whom he has reasonable grounds for suspecting has committed an offence under section 26A or 26B. 9B An immigration officer may arrest without warrant a person who, or whom the immigration officer has reasonable grounds for suspecting—

a has committed or attempted to commit an offence under section 21(1) or (1A) of the Immigration, Asylum and Nationality Act 2006 (employment of illegal worker etc ), or b is committing or attempting to commit that offence. 9C An immigration officer may arrest without warrant a person who, or whom the immigration officer has reasonable grounds for suspecting—

a has committed or attempted to commit an offence under section 33A or 33B of the Immigration Act 2014 (offences relating to residential tenancies), or b is committing or attempting to commit that offence.

10 In relation to the exercise of the powers conferred by subsections (3)(b) . . . , (5) , (9B) and (9C) , it is immaterial that no offence has been committed.

11 In Scotland the powers conferred by subsections (3) . . . , (5) , (9B) and (9C) may also be exercised by a constable.