Section 28D: Entry and search of premises., Immigration Act 1971

If, on an application made by an immigration officer, a justice of the peace is satisfied that there are reasonable grounds for believing that—

a relevant offence has been committed,

there is material on premises mentioned in subsection (1A) which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence,

the material is likely to be relevant evidence,

the material does not consist of or include items subject to legal privilege, excluded material or special procedure material, and

any of the conditions specified in subsection (2) applies, in relation to each set of premises specified in the application,

he may issue a warrant authorising an immigration officer to enter and search the premises.

The premises referred to in subsection (1)(b) above are—

one or more sets of premises specified in the application, or

subject to subsection (2A), any premises occupied or controlled by a person specified in the application, including such sets of premises as are so specified (in which case the application is for an "all premises warrant").

If the application is for an all premises warrant, the justice of the peace must also be satisfied—

that because of the particulars of the offence referred to in paragraph (a) of subsection (1), there are reasonable grounds for believing that it is necessary to search premises occupied or controlled by the person in question which are not specified in the application in order to find the material referred to in paragraph (b) of that subsection, and

that it is not reasonably practicable to specify in the application all the premises which the person occupies or controls and which might need to be searched.

Subject to subsection (2A), the warrant may authorise entry to and search of premises on more than one occasion if, on the application, the justice of the peace is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which the justice issues the warrant.

If it authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum.

The conditions referred to in subsection (1)(e) are that—

it is not practicable to communicate with any person entitled to grant entry to the premises;

it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the evidence;

entry to the premises will not be granted unless a warrant is produced;

the purpose of a search may be frustrated or seriously prejudiced unless an immigration officer arriving at the premises can secure immediate entry to them.

A justice of the peace in Scotland may not issue—

an all premises warrant under this section, or

a warrant under this section authorising multiple entries.

An immigration officer may seize and retain anything for which a search has been authorised under subsection (1).

"Relevant offence" means an offence under section 24(A1), (B1), (C1), (D1), (E1) , (E1A) or (1)(b), (c), (d), (f) or (h), 24A, 24B, 25, 25A ... , 26A or 26B.

In relation to England and Wales, expressions which are given a meaning by the Police and Criminal Evidence Act 1984 have the same meaning when used in this section.

In relation to Northern Ireland, expressions which are given a meaning by the Police and Criminal Evidence (Northern Ireland) Order 1989 have the same meaning when used in this section.

In the application of this section to Scotland—

read references to a justice of the peace as references to the sheriff or a justice of the peace; and

in subsection (1)(d), omit the reference to excluded material and special procedure material.

Section 28D: Entry and search of premises.

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