Part 9Miscellaneous and general

CHAPTER 1Miscellaneous

Seizure etc of travel documents

163Powers to seize etc invalid travel documents

1

Schedule 8 to the Anti-social Behaviour, Crime and Policing Act 2014 (Powers to seize invalid passports etc) is amended as follows.

2

For the italic heading before paragraph 3 substitute “Powers of search and seizure etc: places other than ports”.

3

In paragraph 3, for sub-paragraph (1) substitute—

1

An examining officer who is a constable or a person appointed as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971 may exercise any of the powers under this paragraph, at a place that is not a port, if the examining officer reasonably believes that a person is in possession of a cancelled UK passport or an invalid non-UK travel document.

4

In that paragraph, in sub-paragraph (2)—

a

for “This paragraph applies to a passport” substitute “A passport is “a cancelled UK passport”;

b

at the end of paragraph (a) insert “and”;

c

omit the “and” at the end of paragraph (b);

d

omit paragraph (c).

5

After sub-paragraph (2) insert—

2A

An invalid travel document is “an invalid non-UK travel document” if it is, or appears to be, a passport or other document which has been issued by or for the government of a state other than the United Kingdom.

6

In that paragraph—

a

in sub-paragraph (3)—

i

in paragraph (a), for “the constable” substitute “the examining officer”;

ii

in paragraph (b), for “the constable” substitute “the examining officer”;

iii

in paragraph (d), for “the constable believes” substitute “the examining officer reasonably believes”;

b

in sub-paragraph (4)—

i

in paragraph (c), for “the constable believes” substitute “the examining officer reasonably believes”;

ii

in paragraph (d), for “the constable” substitute “the examining officer”;

c

in sub-paragraph (5)—

i

in the opening words, for “A constable” substitute “An examining officer”;

ii

in sub-paragraph (b), for “the constable’s behalf” substitute “the examining officer’s behalf”.

7

After paragraph 3 insert—

3APowers of entry, search and seizure etc: constables

1

A constable may exercise any of the powers under this paragraph in relation to any premises, other than premises forming part of a port, if the constable reasonably believes that a cancelled UK passport or an invalid non-UK travel document is on the premises (whether or not in the possession of a person who is also on the premises).

2

The powers are—

a

to enter the premises;

b

to search the premises for travel documents and to take possession of any that the constable finds;

c

to inspect any travel document taken and to retain it while its validity is checked;

d

(subject to paragraph 4) to retain any travel document taken that the constable reasonably believes to be invalid.

3

A constable—

a

may if necessary use reasonable force for the purpose of exercising a power under this paragraph;

b

may authorise a person to carry out on the constable’s behalf a search under this paragraph.

4

This paragraph does not affect any power of a constable under paragraph 3(3), (4)(a) to (c) or (5) in relation to a person on any premises entered under sub-paragraph (2)(a).

8

In paragraph 4 (retention or return of documents seized)—

a

in sub-paragraph (1), for “2(2)(c) or 3(3)(c)” substitute “2(2)(c), 3(3)(c) or 3A(2)(c)”;

b

after sub-paragraph (2) insert—

2A

If it is established that a travel document taken from any premises under paragraph 3A—

a

is valid, or

b

is invalid only because it has expired,

it must be returned to the person to whom it was issued straight away.

c

after sub-paragraph (3) insert—

3A

A travel document taken from premises under paragraph 3A must be returned to the person to whom it was issued before the end of the period of 7 days beginning with the day on which it was taken, unless during that period it is established that the document is invalid for some reason other than expiry.

d

in sub-paragraph (4), for “(2)(b) or (3)” substitute “(2)(b), (2A), (3) or (3A)”;

e

in that sub-paragraph, after “from whom he or she took the document” insert “or (as the case may be) to whom it was issued”;

f

in sub-paragraph (5), for “(2) or (3)” substitute “(2), (2A), (3) or (3A)”.

9

In paragraph 5 (offences), in sub-paragraph (2), for “a search under paragraph 2 or 3” substitute “the exercise of a power of search under paragraph 2, 3 or 3A, or the exercise of a power of entry under paragraph 3A,”.

10

In paragraph 6 (power of arrest), for “2” substitute “2 or 3”.