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SCHEDULES

SCHEDULE 3Border security

PART 1Powers

Power to make and retain copies

17(1)This paragraph applies where the examining officer is a constable.

(2)The officer may copy anything which—

(a)is given to the officer in accordance with paragraph 3,

(b)is searched or found on a search under paragraph 8, or

(c)is examined under paragraph 9.

(3)The copy may be retained—

(a)for so long as it is necessary for the purpose of determining whether a person is or has been engaged in hostile activity,

(b)while the examining officer believes that it may be needed for use as evidence in criminal proceedings,

(c)while the examining officer believes that it may be needed in connection with a decision by the Secretary of State whether to make a deportation order under the Immigration Act 1971,

(d)while the examining officer believes it necessary to retain the copy—

(i)in the interests of national security,

(ii)in the interests of the economic well-being of the United Kingdom so far as those interests are also relevant to the interests of national security, or

(iii)for the purpose of preventing or detecting an act of serious crime, or

(e)while the examining officer believes it necessary to retain the copy to prevent death or significant injury.