Section 28F — Immigration Act 1971: Entry and search of premises following arrest under section 25, 25A, or 25B .

Entry and search of premises following arrest under section 25, 25A, or 25B . 28F 1 An immigration officer may enter and search any premises occupied or controlled by a person arrested for an offence under section 25, 25A ... .

2 The power may be exercised—

a only if the officer has reasonable grounds for suspecting that there is relevant evidence on the premises;

b only to the extent that it is reasonably required for the purpose of discovering relevant evidence;

and c subject to subsection (3), only if a senior officer has authorised it in writing.

3 The power may be exercised—

a before taking the arrested person to a place where he is to be detained;

and b without obtaining an authorisation under subsection (2)(c), if the presence of that person at a place other than one where he is to be detained is necessary for the effective investigation of the offence.

4 An officer who has relied on subsection (3) must inform a senior officer as soon as is practicable.

5 The officer authorising a search, or who is informed of one under subsection (4), must make a record in writing of—

a the grounds for the search;

and b the nature of the evidence that was sought.

6 An officer searching premises under this section may seize and retain anything he finds which he has reasonable grounds for suspecting is relevant evidence. 7 “ Relevant evidence ” means evidence, other than items subject to legal privilege, that relates to the offence in question. 8 “ Senior officer ” means an immigration officer not below the rank of chief immigration officer.