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brellow96

S28F - Immigration Act 1971, Entry and Search of Premises following Arrest

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brellow96

Hi all, 

I'm currently cramming for the SPE and have therefore been up to my eyeballs in swathes of immigration legislation. 

The majority of the powers conferred by S28A - S28H seem to be lifted and amended slightly from the PACE wording which is helpful. 

However, my question relates to S28F (Entry and Search of Premises following Arrest...) which, again, seems in the majority to be a cut and paste from S18 PACE.

Could someone be so kind as to shine a light on the bottom line of this subsection?

 

(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.

 

In what circumstances would someone's presence away from custody permit the effective investigation of the offence? A key to open their front door?! 🤣

 

Thanks in advance! 

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Billy Blue Tac
Posted (edited)

There are loads of circumstances; the ones most referenced in training/exams etc are facilitating safe and/or proportionate access to a premises/safe/car/lock-up or identifying personal property in multi-occupancy dwellings that are to be searched. 

PM with your .pnn or .gov email address if you need more help with the SPE

Edited by Billy Blue Tac

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XA84

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brellow96
Author of the topic Posted
On 31/07/2020 at 19:24, Billy Blue Tac said:

There are loads of circumstances; the ones most referenced in training/exams etc are facilitating safe and/or proportionate access to a premises/safe/car/lock-up or identifying personal property in multi-occupancy dwellings that are to be searched. 

PM with your .pnn or .gov email address if you need more help with the SPE

Ahh cracking, thank you for this. I thought it would be something like that but thank you for the examples. Very helpful. 

I will do should I run into anything else along the way. 

 

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