Crime and Courts Act 2013 (c. 22)

SCHEDULES

SCHEDULE 21 U.K. Powers of immigration officers: further provision

Part 2 U.K. Modification of applied enactments

Criminal Justice and Public Order Act 1994 U.K.

41 U.K. [F1 Paragraphs 42 to 43] have effect for the purposes of the application of sections 136 to 139 of the Criminal Justice and Public Order Act 1994 to immigration officers by virtue of section 55(7).

Textual Amendments

F1 Words in Sch. 21 para. 41 substituted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 17 para. 10(2)

Commencement Information

I1 Sch. 21 para. 41 in force at 25.6.2013 by S.I. 2013/1042, art. 4(l)

42 U.K. A reference to a constable (including a reference to a constable of a police force in England and Wales, a constable of a police force in Scotland or a constable of a police force in Northern Ireland) is to be treated as a reference to an immigration officer.

Commencement Information

I2 Sch. 21 para. 42 in force at 25.6.2013 by S.I. 2013/1042, art. 4(l)

[F2 42A (1) This paragraph has effect in relation to the application of section 137C of the 1994 Act where a person is arrested under section 137A by an immigration officer in respect of a specified offence that is being investigated by an immigration officer. U.K.

(2) Subsection (2)(b) is to be read as if (instead of requiring the detention to be authorised by both an officer of at least the rank of inspector in the arresting force and an officer of at least the rank of inspector in the investigating force) it required the detention to be authorised by an immigration officer of at least the grade equivalent to the rank of inspector.

(3) Subsection (2)(c) is to be read as if (instead of requiring the detention to be authorised by both an officer of a rank above that of inspector in the arresting force and an officer of a rank above that of inspector in the investigating force) it required the detention to be authorised by an immigration officer of a grade above that equivalent to the rank of inspector.

(4) Subsection (3) is omitted.

(5) In subsections (4) and (5), the reference to an officer of the investigating force is to be read as a reference to an officer of Revenue and Customs.

(6) In subsection (6), the reference to an appropriate officer in the investigating force is to be read as a reference to an appropriate immigration officer (as defined by subsection (7)).

(7) Subsection (6)(a) is omitted.

(8) In subsection (7)—

(a) in paragraph (b), the reference to an officer of at least the rank of inspector is a reference to an immigration officer of at least the equivalent grade;

(b) in paragraph (c), the reference to an officer of a rank above that of inspector is to be read as a reference to an immigration officer of above the equivalent grade.

(9) Subsections (8) to (10) are omitted.

Textual Amendments

F2 Sch. 21 paras. 42A-42D inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 17 para. 10(3)

42B (1) Where section 137C applies in accordance with paragraph 42A, Schedule 7B applies with the following modifications. U.K.

(2) Any reference to a constable in the arresting force is to be read as a reference to an immigration officer.

(3) Any reference to an officer of at least, or above, the rank of inspector in the investigating force is to be read as a reference to an immigration officer who is at least, or above, the equivalent grade.

(4) Any reference to the arresting force or to the investigating force (otherwise than in relation to a description of officer in the force) is to be read as a reference to immigration officers.

(5) Instead of the modification made by paragraph 9, section 42 of the Criminal Justice (Scotland) Act 2016 is to be read as if the references in subsections (1)(c)(ii) and (3)(b) to the police were references to immigration officers.

Textual Amendments

F2 Sch. 21 paras. 42A-42D inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 17 para. 10(3)

42C (1) This paragraph has effect in relation to the application of section 137C of the 1994 Act where a person is arrested under section 137A by an immigration officer in respect of a specified offence other than one that is being investigated by an immigration officer. U.K.

(2) Any reference to an officer of at least, or above, the rank of inspector in the arresting force is to be read as a reference to an immigration officer of at least, or above, the equivalent grade.

(3) The reference in subsection (6)(a) to the arresting force is to be read as a reference to any immigration officer.

Textual Amendments

F2 Sch. 21 paras. 42A-42D inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 17 para. 10(3)

42D (1) Where section 137C applies in accordance with paragraph 42C, Schedule 7B applies with the following modifications. U.K.

(2) Any reference to a constable in the arresting force is to be read as a reference to an immigration officer.

(3) Any reference to the arresting force (otherwise than in relation to a description of officer in the force) is to be read as a reference to immigration officers.

(4) Instead of the modification made by paragraph 9, section 42 of the Criminal Justice (Scotland) Act 2016 is to be read as if the references in subsections (1)(c)(ii) and (3)(b) to the police were references to immigration officers.]

Textual Amendments

F2 Sch. 21 paras. 42A-42D inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 17 para. 10(3)

43 (1) This paragraph has effect in relation to the application of section 138 of the 1994 Act to immigration officers. U.K.

(2) Subsection (1B) is to be treated as if it provided as follows—

“(1B) Where a person is arrested under subsection (2) of the principal section but not charged in connection with an offence, subsections (2) to (9) of section 25A of the Criminal Law (Consolidation) (Scotland) Act 1995 (right of suspects to have access to a solicitor) apply with the following modifications—

(a) omit the references to “other premises or place” in subsections (2) and (6);

(b) the right under subsection (2) arises when the person is arrested;

(c) subsection (6) is to be read as requiring that the person be informed of the rights under section 25A(2) and (3) on being arrested.”.

(3) In subsection (2), the references to the 1995 Act and to section 14(1) of that Act are to be treated as references to the Criminal Law (Consolidation) (Scotland) Act 1995 (the “consolidation Act”) and to section 24(1) of that Act.

(4) Subsection (2A) is to be treated as if provided as follows—

“(2A) Those provisions are—

(a) section 24(2) to (8A) (detention and questioning at police station);

(b) sections 24A and 24B (extension of period of detention under section 24B);

(c) section 25 (right to have someone informed when detained);

(d) section 25A(2) to (9) (right of access to solicitor).”.

(5) In subsection (6) the reference to the 1995 Act is to be treated as a reference to the consolidation Act.

(6) In subsection (7)—

(a) the reference to section 14 is to be treated as a reference to section 24 of the consolidation Act;

(b) the reference to subsections (6) and (9) of section 14 is to be treated as a reference to subsections (5) and (8) of section 24.

(7) In subsection (8)—

(a) the reference to section 15 is to be treated as a reference to section 25 of the consolidation Act;

(b) paragraph (a) is to be treated as if it provided as follows—

“(a) in subsection (1)—

(i) the words “other premises or place” (in both places) are to be treated as if they referred to a police station;

(ii) the reference in paragraph (a) to other premises is to be treated as a reference to a police station;

(iii) paragraph (b) does not apply;

(iv) the references in paragraph (c)(i) and (iii) to the right under subsection (1)(b) are to be treated as references to the right under section 25(1) to have someone informed when detained;

(v) the references in paragraph (c)(ii) to subsection (1)(b) is to be treated as a reference to section 25(1);

(vi) the reference in paragraph (c)(iii) to subsection (2) is to be treated as a reference to the words in section 25(1) beginning “and the person shall be informed”;

(vii) the reference to subsection (4) is to be treated as a reference to section 25(2).”.

(8) In subsection (9)—

(a) the reference to section 15A is to be treated as a reference to section 25A;

(b) paragraph (a) is to be treated as if it provided as follows—

“(a) the words “other premises or place” in subsections (2) and (6) are to be treated as referring to a police station;”;

(c) in paragraph (b)(iii) the reference to section 15A(2) and (3) is to be treated as a reference to section 25A(2) and (3).

Commencement Information

I3 Sch. 21 para. 43 in force at 25.6.2013 by S.I. 2013/1042, art. 4(l)