(1)This section applies where—
(a)an individual has been arrested on suspicion of the commission of an offence, and
(b)the individual is to be released after arrest (whether or not on bail)—
(i)before a decision is taken on whether the individual should be charged with an offence, or
(ii)after being charged with an offence.
(2)Before the individual is released an immigration officer or a constable may give the individual a notice requiring the production of a nationality document not later than 72 hours after the individual is released.
(3)A notice may be given under subsection (2) only if the immigration officer or constable giving it suspects that the individual may not be a British citizen.
(4)A notice under subsection (2) must be given in writing.
(5)The notice must include statements that—
(a)the individual to whom it is given must produce the nationality document not later than 72 hours after the individual is released, and
(b)an offence may be committed if an individual fails to comply with a notice given under this section.
(6)The notice must also set out—
(a)the person to whom the document must be produced, and
(b)the means by which the document must be produced.
(7)In this section, and in sections 46B and 46C—
“nationality document” means a passport relating to the individual or, if there is no passport relating to the individual, one or more documents that enable the individual’s nationality or citizenship to be established;
“passport” means—
a United Kingdom passport (within the meaning of the Immigration Act 1971),
a passport issued by or on behalf of the authorities of a country or territory outside the United Kingdom, or by or on behalf of an international organisation, or
a document that can be used (in some or all circumstances) instead of a passport.]
Textual Amendments
F1Ss. 46A-46C inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 160, 183(1)(5)(e)