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Immigration Officers: Powers

Volume 475: debated on Monday 28 April 2008

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. (199145)

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)