The Immigration (Jersey) Order 2021

PART III U.K. CRIMINAL PROCEEDINGS

Commencement Information

I1 Sch. 1A Pt. III comes into force in accordance with art. 1(1)

Illegal entry and similar offences.
24.—(1) A person who is not a British citizen shall be guilty of an offence punishable with a fine of not more than level 3 on the standard scale or with imprisonment for not more than six months, or with both, in any of the following cases— (a) if contrary to this Act he knowingly enters Jersey in breach of a deportation order or without leave; (b) if, having only a limited leave to enter or remain in Jersey, he knowingly either— (i) remains beyond the time limited by the leave; or (ii) fails to observe condition of the leave; (c) if, having lawfully entered Jersey without leave by virtue of section 8(1) above, he remains without leave beyond the time allowed by section 8(1); (d) if, without reasonable excuse, he fails to comply with any requirement imposed on him under Schedule 2 to this Act to report to a medical officer of health, or to attend, or submit to a test or examination, as required by such an officer; (e) if, without reasonable excuse, he fails to observe any restriction imposed on him under Schedule 2 or 3 to this Act as to residence, as to his employment or occupation or as to reporting to the police or to an immigration officer; (f) if he disembarks in Jersey from a ship or aircraft after being placed on board under Schedule 2 or 3 to this Act with a view to his removal from Jersey; (g) if he embarks in contravention of a restriction imposed by or under an Order in Council under section 3(7) of this Act. (1A) A person commits an offence under subsection (1)(b)(i) above on the day when he first knows that the time limited by his leave has expired and continues to commit it throughout any period during which he is in Jersey thereafter; but a person shall not be prosecuted under that provision more than once in respect of the same limited leave. (4) In proceedings for an offence against subsection (1)(a) above of entering Jersey without leave— (a) any stamp purporting to have been imprinted on a passport or other travel document by an immigration officer on a particular date for the purpose of giving leave shall be presumed to have been duly so imprinted, unless the contrary is proved; (b) proof that a person had leave to enter Jersey shall lie on the defence if, but only if, he is shown to have entered within six months before the date when the proceedings were commenced.
Deception.
24A.—(1) A person who is not a British citizen is guilty of an offence if, by means which include deception by him— (a) he obtains or seeks to obtain leave to enter or remain in Jersey; or (b) he secures or seeks to secure the avoidance, postponement or revocation of enforcement action against him. (2) “Enforcement action”, in relation to a person, means— (a) the giving of directions for his removal from Jersey (“directions”) under Schedule 2 to this Act or section 10 of the Immigration and Asylum Act 1999; (b) the making of a deportation order against him under section 5 of this Act; or (c) his removal from Jersey in consequence of directions or a deportation order. (3) A person guilty of an offence under this section is liable to imprisonment for a term not exceeding two years or to a fine, or to both.
Assisting unlawful immigration.
25.—(1) A person commits an offence if he— (a) does an act which facilitates the commission of a breach or attempted breach of the immigration laws by an individual who is not a person to whom subsection (2) applies, (b) knows or has reasonable cause for believing that the act facilitates the commission of a breach or attempted breach of the immigration laws by the individual, and (c) knows or has reasonable cause for believing that the individual is not a person to whom subsection (2) applies. (2) This subsection applies to— (a) a British citizen; (b) a person who is a British subject by virtue of Part 4 of the British Nationality Act 1981 and who has the right of abode in Jersey; or (c) a person who is a British overseas territories citizen by virtue of a connection with Gibraltar. (3) Subsection (1) applies to things done whether inside or outside Jersey. (4) A person guilty of an offence under this section shall be liable to imprisonment for a term not exceeding 14 years, to a fine or to both.
Helping asylum-seeker to enter Jersey.
25A.—(1) A person commits an offence if— (a) he knowingly and for gain facilitates the arrival or attempted arrival in, or the entry or attempted entry into, Jersey of an individual, and (b) he knows or has reasonable cause to believe that the individual is an asylum-seeker. (2) In this section “asylum-seeker” means a person who intends to claim that to remove him from or require him to leave Jersey would be contrary to the United Kingdom’s obligations on behalf of Jersey under— (a) the Refugee Convention (within the meaning given by section 167(1) of the Immigration and Asylum Act 1999 (interpretation)), or (b) the Human Rights Convention (within the meaning given by that section). (3) Subsection (1) does not apply to anything done by a person acting on behalf of an organisation which— (a) aims to assist asylum-seekers, and (b) does not charge for its services. (4) Subsections (3) and (4) of section 25 apply for the purpose of the offence in subsection (1) of this section as they apply for the purpose of the offence in subsection (1) of that section.
Forfeiture of vehicle, ship or aircraft.
25C.—(1) This section applies where a person is convicted of an offence under section 25 or25A. (2) The court may order the forfeiture of a vehicle used or intended to be used in connection with the offence if the convicted person— (a) owned the vehicle at the time the offence was committed, (b) was at that time a director, secretary or manager of a company which owned the vehicle, (c) was at that time in possession of the vehicle under a hire-purchase agreement, (d) was at that time a director, secretary or manager of a company which was in possession of the vehicle under a hire-purchase agreement, or (e) was driving the vehicle in the course of the commission of the offence. (3) The court may order the forfeiture of a ship or aircraft used or intended to be used in connection with the offence if the convicted person— (a) owned the ship or aircraft at the time the offence was committed, (b) was at that time a director, secretary or manager of a company which owned the ship or aircraft, (c) was at that time in possession of the ship or aircraft under a hire-purchase agreement, (d) was at that time a director, secretary or manager of a company which was in possession of the ship or aircraft under a hire-purchase agreement, (e) was at that time a charterer of the ship or aircraft, or (f) committed the offence while acting as captain of the ship or aircraft. (4) But in a case to which subsection (3)(a) or (b) does not apply, forfeiture may be ordered only— (a) in the case of a ship, if subsection (5) or (6) applies; (b) in the case of an aircraft, if subsection (5) or (7) applies. (5) This subsection applies where— (a) in the course of the commission of the offence, the ship or aircraft carried more than 20 illegal entrants, and (b) a person who, at the time the offence was committed, owned the ship or aircraft or was a director, secretary or manager of a company which owned it, knew or ought to have known of the intention to use it in the course of the commission of an offence under section 25 or 25A. (6) This subsection applies where a ship’s gross tonnage is less than 500 tons. (7) This subsection applies where the maximum weight at which an aircraft (which is not a hovercraft) may take off in accordance with its certificate of airworthiness is less than 5,700 kilogrammes. (8) Where a person who claims to have an interest in a vehicle, ship or aircraft applies to a court to make representations on the question of forfeiture, the court may not make an order under this section in respect of the ship, aircraft or vehicle unless the person has been given an opportunity to make representations. (9) In the case of an offence under section 25, the reference in subsection (5)(a) to an illegal entrant shall be taken to include a reference to an individual who is a passenger for the purpose of section 145 of the Nationality, Immigration and Asylum Act 2002 (traffic in prostitution). (10) In the case of an offence under section 25A, the reference in subsection (5)(a) to an illegal entrant shall be taken to include a reference to— (a) an asylum-seeker (within the meaning of that section), and (b) an individual who is a passenger for the purpose of section 145(1) of the Nationality, Immigration and Asylum Act 2002.
Detention of ship, aircraft or vehicle.
25D.—(1) If a person has been arrested for an offence under section 25 or 25A, a senior officer or a police officer may detain a relevant ship, aircraft or vehicle— (a) until a decision is taken as to whether or not to charge the arrested person with that offence; or (b) if the arrested person has been charged— (i) until he is acquitted, the charge against him is dismissed or the proceedings are discontinued; or (ii) if he has been convicted, until the court decides whether or not to order forfeiture of the ship, aircraft or vehicle. (2) A ship, aircraft or vehicle is a relevant ship, aircraft or vehicle, in relation to an arrested person, if it is one which the officer or police officer concerned has reasonable grounds for believing could, on conviction of the arrested person for the offence for which he was arrested, be the subject of an order for forfeiture made under section 25C. (3) A person (other than the arrested person) may apply to the court for the release of a ship, aircraft or vehicle on the grounds that— (a) he owns the ship, aircraft or vehicle, (b) he was, immediately before the detention of the ship, aircraft or vehicle, in possession of it under a hire-purchase agreement, or (c) he is a charterer of the ship or aircraft. (4) The court to which an application is made under subsection (3) may, on such security or surety being tendered as it considers satisfactory, release the ship, aircraft or vehicle on condition that it is made available to the court if— (a) the arrested person is convicted; and (b) an order for its forfeiture is made under section 25C. (5) “Court” means — (a) if the arrested person has not been charged, or he has been charged but proceedings for the offence have not begun to be heard, the Magistrate’s Court; (b) if he has been charged and proceedings for the offence are being heard, the court hearing the proceedings. (6) “Senior officer” means an immigration officer not below the rank of chief immigration officer.
General offences in connection with administration of Act.
26.—(1) A person shall be guilty of an offence punishable with a fine of not more than level 3 on the standard scale or with imprisonment for not more than twelve months, or with both, in any of the following cases— (a) if, without reasonable excuse, he refuses or fails to submit to examination under Schedule 2 to this Act; (b) if, without reasonable excuse, he refuses to fails to furnish or produce any information in his possession, or any documents in his possession or control, which he is on an examination under that Schedule required to furnish or produce; (c) if on any such examination or otherwise he makes or causes to be made to an immigration officer or other person lawfully acting in the execution of a relevant enactment a return, statement or representation which he knows to be false or does not believe to be true; (d) if, without lawful authority, he alters any certificate of entitlement, entry clearance, work permit or other document issued or made under or for the purposes of this Act, or uses for the purposes of this Act, or has in his possession for such use, any passport, certificate of entitlement, entry clearance, work permit or other document which he knows or has reasonable cause to believe to be false; (e) if, without reasonable excuse, he fails to complete and produce a landing or embarkation card in accordance with any Order under Schedule 2 to this Act; (f) if, without reasonable excuse, he fails to comply with any requirement of an Order under section 4(3) or of an Order under section 4(4) above; (g) if, without reasonable excuse, he obstructs an immigration officer or other person lawfully acting in the execution of this Act. (2) “Relevant enactment” means— (a) this Act; (b) the Immigration Act 1988; (c) the Immigration and Asylum Act 1999; or (d) the Nationality, Immigration and Asylum Act 2002.
Registration card.
26A.—(1) In this section “registration card” means a document which— (a) carries information about a person (whether or not wholly or partly electronically), and (b) is issued by the Minister to the person wholly or partly in connection with a claim for asylum (whether or not made by that person). (2) In subsection (1) “claim for asylum” means a claim by a person that to remove him from or require him to leave Jersey would be contrary to the United Kingdom’s obligations in respect of Jersey under— (a) the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol, or (b) Article 3 of the Convention for the Protection of Human Rights and Fundamental Freedoms agreed by the Council of Europe at Rome on 4th November 1950. (3) A person commits an offence if he— (a) makes a false registration card, (b) alters a registration card with intent to deceive or to enable another to deceive, (c) has a false or altered registration card in his possession without reasonable excuse, (d) uses or attempts to use a false registration card for a purpose for which a registration card is issued, (e) uses or attempts to use an altered registration card with intent to deceive, (f) makes an article designed to be used in making a false registration card, (g) makes an article designed to be used in altering a registration card with intent to deceive or to enable another to deceive, or (h) has an article within paragraph (f) or (g) in his possession without reasonable excuse. (4) In subsection (3) “false registration card” means a document which is designed to appear to be a registration card. (5) A person who is guilty of an offence under subsection (3)(a), (b), (d), (e), (f) or (g) shall be liable to imprisonment for a term not exceeding ten years, to a fine or to both. (6) A person who is guilty of an offence under subsection (3)(c) or (h) shall be liable to imprisonment for a term not exceeding two years, to a fine or to both. (7) The States may by Regulations— (a) amend the definition of “registration card” in subsection (1); (b) make consequential amendment of this section.
Possession of immigration stamp.
26B.—(1) A person commits an offence if he has an immigration stamp in his possession without reasonable excuse. (2) A person commits an offence if he has a replica immigration stamp in his possession without reasonable excuse. (3) In this section— (a) “immigration stamp” means a device which is designed for the purpose of stamping documents in the exercise of an immigration function, (b) “replica immigration stamp” means a device which is designed for the purpose of stamping a document so that it appears to have been stamped in the exercise of an immigration function, and (c) “immigration function” means a function of an immigration officer or the Secretary of State under the Immigration Acts. (4) A person who is guilty of an offence under this section shall be liable to imprisonment for a term not exceeding two years, to a fine or to both.
Offences by persons connected with ships or aircraft or with ports.
27.—(1) A person shall be guilty of an offence punishable with a fine of not more than level 3 on the standard scale or with imprisonment for not more than twelve months, or with both, in any of the following cases— (a) if, being the captain of a ship or aircraft,— (i) he knowingly permits a person to disembark in Jersey when required under Schedule 2 or 3 to this Act to prevent it, or fails without reasonable excuse to take any steps he is required by or under Schedule 2 to take in connection with the disembarkation or examination of passengers or for furnishing a passenger list or particulars of members of the crew; or (ii) he fails, without reasonable excuse, to comply with any directions given him under Schedule 2 or 3 or under the Immigration and Asylum Act 1999 with respect to the removal of a person from Jersey; (b) if, as owner or agent of a ship or aircraft,— (i) he arranges, or is knowingly concerned in any arrangements, for the ship or aircraft to call at a port other than a port of entry contrary to any provision of Schedule 2 to this Act; or (ii) he fails, without reasonable excuse, to take any steps required by an order under Schedule 2 for the supply to passengers of landing or embarkation cards; or (iii) he fails, without reasonable excuse, to make arrangements for or in connection with the removal of a person from Jersey when required to do so by directions given under Schedule 2 or 3 to this Act or under the Immigration and Asylum Act 1999; or (iiia) he fails, without reasonable excuse, to comply with a direction under paragraph 5B of Schedule 2; or (iv) he fails, without reasonable excuse, to comply with any other requirement imposed by or under Schedule 2; (c) if, as a person concerned in the management of a port, he fails, without reasonable excuse to take any steps required by Schedule 2 in relation to the embarkation or disembarkation of passengers where a control area is designated; or (ca) if as a person concerned in the management of a port he fails, without reasonable excuse, to comply with a direction under paragraph 5B of Schedule 2. (2) Proceedings may not be instituted against a person under subsection (1)(a)(i) or (1)(b)(iv) for a failure to provide information or otherwise to comply with a requirement imposed under paragraph 27, 27B or 27BA of Schedule 2 where— (a) the person has paid a penalty in respect of the same failure, or a failure to provide the same information, by virtue of an Order made under— (i) paragraph 27BB of Schedule 2, (ii) section 32B of the Immigration, Asylum and Nationality Act 2006, or (iii) section 24 of the Counter-Terrorism and Security Act 2015 (penalty for breach of authority-to-carry scheme); or (b) proceedings have been instituted against the person under section 34 of the Immigration, Asylum and Nationality Act 2006 in respect of a failure to provide the same information.
Proceedings.
28.—(4) Any powers exercisable under this Act in the case of any person may be exercised notwithstanding that proceedings for an offence under this Part of this Act have been taken against him.
Arrest without warrant.
28A.—(1) An immigration officer may arrest without warrant a person— (a) who has committed or attempted to commit an offence under section 24 or 24A; or (b) whom he has reasonable grounds for suspecting has committed or attempted to commit such an offence. (2) But subsection (1) does not apply in relation to an offence under section 24(1)(d). (3) An immigration officer may arrest without warrant a person— (a) who has committed or attempted to commit an offence under section 25 or 25A; or (b) whom he has reasonable grounds for suspecting has committed or attempted to commit that offence. (5) An immigration officer may arrest without warrant a person (“the suspect”) who, or whom he has reasonable grounds for suspecting— (a) has committed or attempted to commit an offence under section 26(1)(g); or (b) is committing or attempting to commit that offence. (6) The power conferred by subsection (5) is exercisable only if either the first or the second condition is satisfied. (7) The first condition is that it appears to the officer that service of a summons is impracticable or inappropriate because— (a) he does not know, and cannot readily discover, the suspect’s name; (b) he has reasonable grounds for doubting whether a name given by the suspect as his name is his real name; (c) the suspect has failed to give him a satisfactory address for service; or (d) he has reasonable grounds for doubting whether an address given by the suspect is a satisfactory address for service. (8) The second condition is that the officer has reasonable grounds for believing that arrest is necessary to prevent the suspect— (a) causing physical injury to himself or another person; (b) suffering physical injury; or (c) causing loss of or damage to property. (9) For the purposes of subsection (7), an address is a satisfactory address for service if it appears to the officer— (a) that the suspect will be at that address for a sufficiently long period for it to be possible to serve him with a summons (or copy complaint); or (b) that some other person specified by the suspect will accept service of a summons (or copy complaint) for the suspect at that address. (9A) An immigration officer may arrest without warrant a person— (a) who has committed an offence under section 26A or 26B; or (b) whom he has reasonable grounds for suspecting has committed an offence under section 26A or 26B. (10) In relation to the exercise of the powers conferred by subsections (3)(b) and (5), it is immaterial that no offence has been committed.
Arrest with warrant.
28AA.—(1) This section applies if on an application by an immigration officer the Bailiff is satisfied that there are reasonable grounds for suspecting that a person has committed an offence under section 24(1)(d). (2) The Bailiff may grant a warrant authorising any immigration officer to arrest the person.
Search and arrest by warrant.
28B.—(1) Subsection (2) applies if the Bailiff is satified by evidence on oath that there are reasonable grounds for suspecting that a person (“the suspect”) who is liable to be arrested for a relevant offence is to be found on any premises. (2) The Bailiff may grant a warrant authorising any immigration officer or police officer to enter, if need be by force, the premises named in the warrant for the purpose of searching for and arresting the suspect. (3) “Relevant offence” means an offence under section 24(1)(a), (b), (c), (d) or (f), 24A,26A or 26B.
Search and arrest without warrant.
28C.—(1) An immigration officer may enter and search any premises for the purpose of arresting a person for an offence under section 25 or 25A. (2) The power may be exercised— (a) only to the extent that it is reasonably required for that purpose; and (b) only if the officer has reasonable grounds for believing that the person whom he is seeking is on the premises. (3) In relation to premises consisting of two or more separate dwellings, the power is limited to entering and searching— (a) any parts of the premises which the occupiers of any dwelling comprised in the premises use in common with the occupiers of any such other dwelling; and (b) any such dwelling in which the officer has reasonable grounds for believing that the person whom he is seeking may be. (4) The power may be exercised only if the officer produces identification showing that he is an immigration officer (whether or not he is asked to do so).
Entry and search of premises.
28D.—(1) If, on an application made by an immigration officer, the Bailiff is satisfied that there are reasonable grounds for believing that— (a) a relevant offence has been committed, (b) 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, (c) the material is likely to be relevant evidence, (d) the material does not consist of or include items subject to legal privilege, excluded material or special procedure material, and (e) 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. (1A) The premises referred to in subsection (1)(b) above are— (a) one or more sets of premises specified in the application, or (b) 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”). (1B) If the application is for an all premises warrant, the Bailiff must also be satisfied— (a) 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 (b) 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. (1C) The warrant may authorise entry to and search of premises on more than one occasion if, on the application, the Bailiff is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which the Bailiff issues the warrant. (1D) If it authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum. (2) The conditions referred to in subsection (1)(e) are that— (a) it is not practicable to communicate with any person entitled to grant entry to the premises; (b) 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; (c) entry to the premises will not be granted unless a warrant is produced; (d) he purpose of a search may be frustrated or seriously prejudiced unless an immigration officer arriving at the premises can secure immediate entry to them. (3) An immigration officer may seize and retain anything for which a search has been authorised under subsection (1). (4) “Relevant offence” means an offence under section 24(1)(a), (b), (c), (d), (f) or (h), 24A, 25, 25A, 26A or 26B. (5) Expressions which are given a meaning by the Police Procedures and Criminal Evidence (Jersey) Law 2003 have the same meaning when used in this section.
Entry and search of premises following arrest.
28E.—(1) This section applies if a person is arrested for an offence under this Part at a place other than a police station. (2) An immigration officer may enter and search any premises— (a) in which the person was when arrested, or (b) in which he was immediately before he was arrested, for evidence relating to the offence for which the arrest was made (“relevant evidence”). (3) The power may be exercised— (a) only if the officer has reasonable grounds for believing that there is relevant evidence on the premises; and (b) only to the extent that it is reasonably required for the purpose of discovering relevant evidence. (4) In relation to premises consisting of two or more separate dwellings, the power is limited to entering and searching— (a) any dwelling in which the arrest took place or in which the arrested person was immediately before his arrest; and (b) any parts of the premises which the occupier of any such dwelling uses in common with the occupiers of any other dwellings comprised in the premises. (5) An officer searching premises under subsection (2) may seize and retain anything he finds which he has reasonable grounds for believing is relevant evidence. (6) Subsection (5) does not apply to items which the officer has reasonable grounds for believing are items subject to legal privilege.
Entry and search of premises following arrest under section 25 or 25A.
28F.—(1) An immigration officer may enter and search any premises occupied or controlled by a person arrested for an offence under section 25 or 25A. (2) The power may be exercised— (a) only if the officer has reasonable grounds for suspecting that there is relevant evidence on the premises; (b) only to the extent that it is reasonably required for the purpose of discovering relevant evidence; and (c) subject to subsection (3), only if a senior officer has authorised it in writing. (3) The power may be exercised— (a) before taking the arrested person to a place where he is to be detained; and (b) without obtaining an authorisation under subsection (2)(c), if the presence of that person at a place other than one where he is to be detained is necessary for the effective investigation of the offence. (4) An officer who has relied on subsection (3) must inform a senior officer as soon as is practicable. (5) The officer authorising a search, or who is informed of one under subsection (4), must make a record in writing of— (a) the grounds for the search; and (b) the nature of the evidence that was sought. (6) An officer searching premises under this section may seize and retain anything he finds which he has reasonable grounds for suspecting is relevant evidence. (7) “Relevant evidence” means evidence, other than items subject to legal privilege, that relates to the offence in question. (8) “Senior officer” means immigration officer not below the rank of chief immigration officer.
Search for personnel records: with warrant.
28FB.—(1) This section applies where on an application made by an immigration officer in respect of business premises mentioned in subsection (1A) the Bailiff is satisfied that there are reasonable grounds for believing— (a) that an employer has provided inaccurate or incomplete information under section 134 of the Nationality, Immigration and Asylum Act 2002 (compulsory disclosure by employer), (b) that employee records, other than items subject to legal privilege, will be found on the premises and will enable deduction of some or all of the information which the employer was required to provide, and (c) that at least one of the conditions in subsection (2) is satisfied in relation to each set of premises specified in the application. (1A) The premises referred to in subsection (1) above are— (a) one or more sets of premises specified in the application, or (b) 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”). (1B) If the application is for an all premises warrant, the Bailiff must also be satisfied— (a) that 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 records referred to in subsection (1)(b), and (b) 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. (2) The conditions referred to in subsection (1)(c) are — (a) that it is not practicable to communicate with a person entitled to grant access to the premises, (b) that it is not practicable to communicate with a person entitled to grant access to the records, (c) that entry to the premises or access to the records will not be granted unless a warrant is produced, and (d) that the purpose of a search may be frustrated or seriously prejudiced unless an immigration officer arriving at the premises can secure immediate entry. (3) The Bailiff may issue a warrant authorising an immigration officer to enter and search the premises. (3A) Subject to subsection (3C), the warrant may authorise entry to and search of premises on more than one occasion if, on the application, the Bailiff is satisfied that it is necessary to authorise multiple entries in order to achieve the purpose for which the Bailiff issues the warrant. (3B) If it authorises multiple entries, the number of entries authorised may be unlimited, or limited to a maximum. (5) An immigration officer searching premises under a warrant issued under this section may seize and retain employee records, other than items subject to legal privilege, which he reasonably suspects will be of substantial value (whether on their own or together with other material) in the investigation of an offence under section 137 of the Nationality, Immigration and Asylum Act 2002 (disclosure of information: offences) in respect of a requirement under section 134 of that Act.
Searching arrested persons.
28G.—(1) This section applies if a person is arrested for an offence under this Part at a place other than a police station. (2) An immigration officer may search the arrested person if he has reasonable grounds for believing that the arrested person may present a danger to himself or others (3) The officer may search the arrested person for— (a) anything which he might use to assist his escape from lawful custody; or (b) anything which might be evidence relating to the offence for which he has been arrested. (4) The power conferred by subsection (3) may be exercised— (a) only if the officer has reasonable grounds for believing that the arrested person may have concealed on him anything of a kind mentioned in that subsection; and (b) only to the extent that it is reasonably required for the purpose of discovering any such thing. (5) A power conferred by this section to search a person is not to be read as authorising an officer to require a person to remove any of his clothing in public other than an outer coat, jacket or glove; but it does authorise the search of a person’s mouth. (6) An officer searching a person under subsection (2) may seize and retain anything he finds, if he has reasonable grounds for believing that that person might use it to cause physical injury to himself or to another person. (7) An officer searching a person under subsection (3) may seize and retain anything he finds, if he has reasonable grounds for believing— (a) that that person might use it to assist his escape from lawful custody; or (b) that it is evidence which relates to the offence in question. (8) Subsection (7)(b) does not apply to an item subject to legal privilege.
Searching persons in police custody.
28H.—(1) This section applies if a person— (a) has been arrested for an offence under this Part; and (b) is in custody at a police station or in police detention at a place other than a police station. (2) An immigration officer may, at any time, search the arrested person in order to see whether he has with him anything— (a) which he might use to— (i) cause physical injury to himself or others; (ii) damage property; (iii) interfere with evidence; or (iv) assist his escape; or (b) which the officer has reasonable grounds for believing is evidence relating to the offence in question. (3) The power may be exercised only to the extent that the custody officer concerned considers it to be necessary for the purpose of discovering anything of a kind mentioned in subsection (2). (4) An officer searching a person under this section may seize anything he finds, if he has reasonable grounds for believing that— (a) that person might use it for one or more of the purposes mentioned in subsection (2)(a); or (b) it is evidence relating to the offence in question. (5) Anything seized under subsection (4)(a) may be retained by the police. (6) Anything seized under subsection (4)(b) may be retained by an immigration officer. (7) The person from whom something is seized must be told the reason for the seizure unless he is— (a) violent or appears likely to become violent; or (b) incapable of understanding what is said to him. (8) An intimate search may not be conducted under this section. (9) The person carrying out a search under this section must be of the same sex as the person searched. (10) “Custody officer” means the officer in charge of a police station. (11) “Intimate search” has the meaning given by Article 1 of the Police Procedures and Criminal Evidence (Jersey) Law 2003. (12) “Police detention” has the meaning given by Article 2 of the Police Procedures and Criminal Evidence (Jersey) Law 2003.
Retention of seized material.
28ZI.—(1) This section applies to anything seized by an immigration officer under this Part for the purposes of the investigation of an offence or on the basis that it may be evidence relating to an offence. (2) Anything seized as mentioned in subsection (1) may be retained so long as is necessary in all the circumstances and in particular— (a) may be retained, except as provided for by subsection (3)— (i) for use as evidence at a trial for an offence, or (ii) for forensic examination or for investigation in connection with an offence, and (b) may be retained in order to establish its lawful owner, where there are reasonable grounds for believing that it has been obtained in consequence of the commission of an offence. (3) Nothing may be retained for a purpose mentioned in subsection (2)(a) if a photograph or copy would be sufficient for that purpose.
Seized material: access and copying.
28I.—(1) If a person showing himself— (a) to be the occupier of the premises on which seized material was seized, or (b) to have had custody or control of the material immediately before it was seized, asks the immigration officer who seized the material for a record of what he seized, the officer must provide the record to that person within a reasonable time. (2) If a relevant person asks an immigration officer for permission to be granted access to seized material, the officer must arrange for him to have access to the material under the supervision— (a) in the case of seized material within subsection (8)(a), of an immigration officer; (b) in the case of seized material within subsection (8)(b), of a police officer. (3) An immigration officer may photograph or copy, or have photographed or copied, seized material. (4) If a relevant person asks an immigration officer for a photograph or copy of seized material, the officer must arrange for— (a) that person to have access to the material for the purpose of photographing or copying it under the supervision— (i) in the case of seized material within subsection (8)(a), of an immigration officer; (ii) in the case of seized material within subsection (8)(b), of a police officer; or (b) the material to be photographed or copied. (5) A photograph or copy made under subsection (4)(b) must be supplied within a reasonable time. (6) There is no duty under this section to arrange for access to, or the supply of a photograph or copy of, any material if there are reasonable grounds for believing that to do so would prejudice— (a) the exercise of any functions in connection with which the material was seized; or (b) an investigation which is being conducted under this Act, or any criminal proceedings which may be brought as a result. (7) “Relevant person” means— (a) a person who had custody or control of seized material immediately before it was seized, or (b) someone acting on behalf of such a person. (8) “Seized material” means anything— (a) seized and retained by an immigration officer, or (b) seized by an immigration officer and retained by the police, under this Part.
Search warrants: safeguards.
28J.—(1) The entry or search of premises under a warrant is unlawful unless it complies with this section and section 28K. (2) If an immigration officer applies for a warrant, he must— (a) state the ground on which he makes the application and the provision of this Act under which the warrant would be issued; (aa) if the application is for a warrant authorising entry and search on more than one occasion, state the ground on which the officer applies for such a warrant, and whether the officer seeks a warrant authorising an unlimited number of entries, or (if not) the maximum number of entries desired; (b) specify the matters set out in subsection (2A) below; and (c) identify, so far as is practicable, the persons or articles to be sought. (2A) The matters which must be specified pursuant to subsection (2)(b) above are— (a) if the application relates to one or more sets of premises specified in the application, each set of premises which it is desired to enter and search; (b) if the application relates to any premises occupied or controlled by a person specified in the application— (i) as many sets of premises which it is desired to enter and search as it is reasonably practicable to specify; (ii) the person who is in occupation or control of those premises and any others which it is desired to enter and search; (iii) why it is necessary to search more premises than those specified under sub-paragraph (i); (iv) why it is not reasonably practicable to specify all the premises which it is desired to enter and search. (4) An application for a warrant is to be made ex parte and supported by evidence on oath. (5) The officer must answer on oath any question that the Bailiff when hearing the application asks him. (6) A warrant shall authorise an entry on one occasion only unless it specifies that it authorises multiple entries. (6A) If it specifies that it authorises multiple entries, it must also specify whether the number of entries authorised is unlimited, or limited to a specified maximum. (7) A warrant must specify— (a) the name of the person applying for it; (b) the date on which it is issued; (c) each set of premises to be searched, or (in the case of an all premises warrant) the person who is in occupation or control of premises to be searched, together with any premises under the person’s occupation or control which can be specified and which are to be searched; and (d) the provision of this Act under which it is issued. (8) A warrant must identify, so far as is practicable, the persons or articles to be sought. (9) Two copies must be made of a warrant which specifies only one set of premises and does not authorise multiple entries; and as many copies as are reasonably required may be made of any other kind of warrant. (10) The copies must be clearly certified as copies. (10A) “All premises warrant” means a warrant issued in response to an application of the kind mentioned in section , 28D(1A)(b) or 28FB(1A)(b) or paragraph 25A(6AA)(b) of Schedule 2. (10B) References in this section to a warrant authorising multiple entries is to a warrant of the kind mentioned in section 28D(1C) or 28FB(3A) or paragraph 25A(6AC) of Schedule 2. (11) “Warrant” means a warrant to enter and search premises issued to an immigration officer under this Part or under paragraph 17(2) or 25A(6A) of Schedule 2.
Execution of warrants.
28K.—(1) A warrant may be executed by any immigration officer. (2) A warrant may authorise persons to accompany the officer executing it. (2A) A person so authorised has the same powers as the officer whom the person accompanies in respect of— (a) the execution of the warrant, and (b) the seizure or detention of anything to which the warrant relates. (2B) But the person may exercise those powers only in the company, and under the supervision, of an immigration officer. (3) Entry and search under a warrant must be— (a) within three months from the date of its issue; and (b) at a reasonable hour, unless it appears to the officer executing it that the purpose of a search might be frustrated. (3A) If the warrant is an all premises warrant, no premises which are not specified in it may be entered or searched unless an immigration officer of at least the rank of chief immigration officer has in writing authorised them to be entered. (3B) No premises may be entered or searched for the second or any subsequent time under a warrant which authorises multiple entries unless an immigration officer of at least the rank of chief immigration officer has in writing authorised that entry to those premises. (4) If the occupier of premises which are to be entered and searched is present at the time when an immigration officer seeks to execute a warrant, the officer must— (a) identify himself to the occupier and, if not in uniform, produce identification showing that he is an immigration officer; (b) show the occupier the warrant; and (c) supply him with a copy of it. (5) If— (a) the occupier is not present, but (b) some other person who appears to the officer to be in charge of the premises is present, subsection (4) has effect as if each reference to the occupier were a reference to that other person. (6) If there is no person present who appears to the officer to be in charge of the premises, the officer must leave a copy of the warrant in a prominent place on the premises. (7) A search under a warrant may only be a search to the extent required for the purpose for which the warrant was issued. (8) An officer executing a warrant must make an endorsement on it stating— (a) whether the persons or articles sought were found; and (b) whether any articles, other than articles which were sought, were seized. (8A) Unless the warrant is a warrant specifying one set of premises only, the officer must comply with subsection (8) separately in respect of each set of premises entered and searched. (8B) A warrant must be returned in accordance with subsection (9)— (a) when it has been executed, or (b) in the case of a specific premises warrant which has not been executed, an all premises warrant or any warrant authorising multiple entries, on the expiry of the period of three months referred to in subsection (3) or sooner. (9) The warrant must be returned to the Bailiff’s Chambers and retained at the Bailiff’s Chambers for 12 months. (13) If during that 12 month period the occupier of the premises to which it relates asks to inspect it, he must be allowed to do so. (13A) In subsection (8B)— “specific premises warrant” means a warrant which is not an all premises warrant; “all premises warrant” means a warrant issued in response to an application of the kind mentioned in section 28D(1A)(b) or 28FB(1A)(b) or paragraph 25A(6AA)(b) of Schedule 2. (13B) The reference in subsection (8B) to a warrant authorising multiple entries is to a warrant of the kind mentioned in section 28D(1C) or 28FB(3A) or paragraph 25A(6AC) of Schedule 2. (14) “Warrant” means a warrant to enter and search premises issued to an immigration officer under this Part or under paragraph 17(2) or 25A(6A) of Schedule 2.
Interpretation of Part III.
28L.—(1) In this Part, “premises” and “items subject to legal privilege” have the same meaning as in the Police Procedures and Criminal Evidence (Jersey) Law 2003. (2) In this Part “business premises” means premises (or any part of premises) not used as a dwelling. (3) In this Part “employee records” means records which show an employee’s— (a) name, (b) date of birth, (c) address, (d) length of service, (e) rate of pay, or (f) nationality or citizenship.