C2C3 Part III Criminal Proceedings
Pt. III extended (Isle of Man) (with modifications) (13.3.2008 for certain purposes and 1.5.2008 otherwise) by The Immigration (Isle of Man) Order 2008 (S.I. 2008/680), arts. 1(2), 5, 6(2)(b), 7, Sch. 3, Sch. 10 Pt. 1 (with Sch. 2 para. 2) (as amended (14.3.2019) by S.I. 2019/562, arts. 1, 5, 11)
F1C4C128CA Business premises: entry to arrest
1
A constable or immigration officer may enter and search any business premises for the purpose of arresting a person—
a
for an offence under section 24,
b
for an offence under section 24A, or
c
under paragraph 17 of Schedule 2.
2
The power under subsection (1) may be exercised only—
a
to the extent that it is reasonably required for a purpose specified in subsection (1),
b
if the constable or immigration officer has reasonable grounds for believing that the person whom he is seeking is on the premises,
c
with the authority of the Secretary of State (in the case of an immigration officer) or a Chief Superintendent (in the case of a constable), and
d
if the constable or immigration officer produces identification showing his status.
3
Authority for the purposes of subsection (2)(c)—
a
may be given on behalf of the Secretary of State only by a civil servant of the rank of at least Assistant Director, and
b
shall expire at the end of the period of seven days beginning with the day on which it is given.
4
Subsection (2)(d) applies—
a
whether or not a constable or immigration officer is asked to produce identification, but
b
only where premises are occupied.
5
Subsection (6) applies where a constable or immigration officer—
a
enters premises in reliance on this section, and
b
detains a person on the premises.
6
A detainee custody officer may enter the premises for the purpose of carrying out a search.
7
In subsection (6)—
“detainee custody officer” means a person in respect of whom a certificate of authorisation is in force under section 154 of the Immigration and Asylum Act 1999 (c. 33) (detained persons: escort and custody), and
“search” means a search under paragraph 2(1)(a) of Schedule 13 to that Act (escort arrangements: power to search detained person).
Pt. III extended (with modfications) (1.8.1993) by S.I. 1993/1796, art. 3(1), Sch. 1 Pt. I (Guernsey), S.I. 1993/1797, art. 3(1), Sch. 1 Pt. I (Jersey) (as amended by S.I. 2003/1252, art. 3(b) and (17.10.2012) by S.I. 2012/2593, arts. 1, 2(2))