Section 28I — Immigration Act 1971: Seized material: access and copying.

Seized material: access and copying. 28I 1 If a person showing himself—

a to be the occupier of the premises on which seized material was seized, or b to have had custody or control of the material immediately before it was seized, asks the immigration officer who seized the material for a record of what he seized, the officer must provide the record to that person within a reasonable time.

2 If a relevant person asks an immigration officer for permission to be granted access to seized material, the officer must arrange for him to have access to the material under the supervision—

a in the case of seized material within subsection (8)(a), of an immigration officer;

b in the case of seized material within subsection (8)(b), of a constable.

3 An immigration officer may photograph or copy, or have photographed or copied, seized material.

4 If a relevant person asks an immigration officer for a photograph or copy of seized material, the officer must arrange for—

a that person to have access to the material for the purpose of photographing or copying it under the supervision—

i in the case of seized material within subsection (8)(a), of an immigration officer;

ii in the case of seized material within subsection (8)(b), of a constable; or b the material to be photographed or copied.

5 A photograph or copy made under subsection (4)(b) must be supplied within a reasonable time.

6 There is no duty under this section to arrange for access to, or the supply of a photograph or copy of, any material if there are reasonable grounds for believing that to do so would prejudice—

a the exercise of any functions in connection with which the material was seized; or b an investigation which is being conducted under this Act, or any criminal proceedings which may be brought as a result. 7 “ Relevant person ” means—

a a person who had custody or control of seized material immediately before it was seized, or b someone acting on behalf of such a person. 8 “ Seized material ” means anything—

a seized and retained by an immigration officer, or b seized by an immigration officer and retained by the police, under this Part.