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Part 1Border security

Chapter 2Other border security provision

Powers of search etc in relation to electronic devices

22Meaning of key expressions

(1)

This section defines key expressions used in this section and sections 23 to 26.

(2)

“Relevant person” means a person who—

(a)

has entered or arrived in the United Kingdom as mentioned in subsection (3) (whether before or after this section comes into force), and

(b)

has not subsequently been given leave to enter or remain in the United Kingdom.

(3)

A person has entered or arrived in the United Kingdom as mentioned in this subsection if the person—

(a)

requires leave to enter the United Kingdom but has entered the United Kingdom without such leave,

(b)

has entered the United Kingdom in breach of a deportation order,

(c)

requires entry clearance under the immigration rules but has arrived in the United Kingdom without a valid entry clearance, or

(d)

is required under the immigration rules not to travel to the United Kingdom without an electronic travel authorisation that is valid for the person’s journey to the United Kingdom, but has arrived in the United Kingdom without such an electronic travel authorisation.

(4)

“Relevant article” means any thing which appears to an authorised officer to be a thing on which information that relates, or may relate, to the commission (whether in the past or future) of an offence under section 25 or 25A of the Immigration Act 1971 is, or may be, stored in electronic form.

(5)

Section 11(1) of the Immigration Act 1971 (person deemed not to enter United Kingdom before disembarkation, while in controlled area or while under immigration control) applies for the purposes of this section as it applies for the purposes of that Act.

(6)

“Authorised officer” means—

(a)

an immigration officer,

(b)

a constable of a police force maintained by a local policing body,

(c)

a constable of the Police Service of Scotland,

(d)

a constable of the Police Service of Northern Ireland, or

(e)

an NCA officer,

(and see also section 28).

(7)

For the meaning of other expressions used in this section, see section 29.

23Powers of authorised officers to search for relevant articles

(1)

An authorised officer may search a relevant person for any relevant article if the officer has reasonable grounds to suspect that the relevant person is in possession of a relevant article.

(2)

An authorised officer may search a person under subsection (1) only if the person has not previously been searched under that subsection since the person’s entry or arrival as mentioned in section 22(3).

(3)

The power of an authorised officer to search a person under subsection (1)—

(a)

authorises the search of the person’s mouth, and

(b)

authorises the officer to require the person to remove an outer coat, jacket or glove (but no other clothing).

(4)

An authorised officer may search property for any relevant article if the officer has reasonable grounds to suspect that the property—

(a)

is or has been in the possession of a relevant person, and

(b)

contains or includes a relevant article.

(5)

An authorised officer may search premises for any relevant article if—

(a)

the officer is lawfully on the premises,

(b)

the officer has reasonable grounds to suspect that a relevant article that is or has been in the possession of a relevant person is on the premises, and

(c)

the relevant person was on the premises when, or immediately before, an authorised officer encountered the person.

(6)

An authorised officer may search a vehicle or container for any relevant article if—

(a)

the officer has reasonable grounds to suspect that a relevant article that is or has been in the possession of a relevant person is in the vehicle or container, and

(b)

either—

(i)

the officer has reasonable grounds to suspect that the relevant person was in the vehicle or container at the time of their arrival in the United Kingdom or at any time during a journey which ended with their arrival in the United Kingdom, or

(ii)

the relevant person was in the vehicle or container when, or immediately before, an authorised officer encountered the person.

(7)

A constable may exercise a power to search under this section only if the search is authorised by a police officer of at least the rank of inspector.

(8)

If an inspector gives an authorisation under subsection (7), the inspector must, as soon as it is practicable to do so, cause an officer of at least the rank of superintendent to be informed.

(9)

An NCA officer may exercise a power to search under this section only if the search is authorised by an NCA officer at or above a grade that is equivalent to the rank of inspector.

(10)

If an NCA officer gives an authorisation under subsection (9), the NCA officer must, as soon as it is practicable to do so, cause an NCA officer at or above a grade that is equivalent to the rank of superintendent to be informed.

(11)

A constable or an NCA officer may use reasonable force, if necessary, in the exercise of a power under this section.

(12)

Paragraphs 21 and 22 of Schedule 5 to the Crime and Courts Act 2013 (offences of resistance, wilful obstruction and assault) apply in relation to an NCA officer exercising a power under this section as they apply in relation to a designated officer acting in the exercise of an operational power within the meaning of that Schedule.

24Powers to seize and retain relevant articles

(1)

An authorised officer may seize any relevant article that—

(a)

is found on a search carried out under section 23, or

(b)

is not found on a search but appears to the officer to be, or to have been, in the possession of a relevant person.

(2)

A constable may seize a relevant article under subsection (1) only if the seizure of the article is authorised by a police officer of at least the rank of inspector.

(3)

If an inspector gives an authorisation under subsection (2), the inspector must, as soon as it is practicable to do so, cause an officer of at least the rank of superintendent to be informed.

(4)

An NCA officer may seize a relevant article under subsection (1) only if the seizure of the article is authorised by an NCA officer at or above a grade that is equivalent to the rank of inspector.

(5)

If an NCA officer gives an authorisation under subsection (4), the NCA officer must, as soon as it is practicable to do so, cause an NCA officer at or above a grade that is equivalent to the rank of superintendent to be informed.

(6)

A constable or an NCA officer may use reasonable force, if necessary, in the exercise of a power under subsection (1).

(7)

Paragraphs 21 and 22 of Schedule 5 to the Crime and Courts Act 2013 (offences of resistance, wilful obstruction and assault) apply in relation to an NCA officer exercising a power under subsection (1) as they apply in relation to a designated officer acting in the exercise of an operational power within the meaning of that Schedule.

(8)

A relevant article seized by a constable or an NCA officer under subsection (1) may be given by a constable or an NCA officer to an immigration officer or the Secretary of State.

(9)

A relevant article seized under subsection (1) or given under subsection (8)—

(a)

may be retained by an authorised officer or the Secretary of State for so long as the authorised officer or the Secretary of State considers its retention necessary—

(i)

for the purposes of accessing, examining or copying information stored on the article as mentioned in section 26, or

(ii)

for use in proceedings for an offence;

(b)

must, subject to subsections (8) and (11) and section 25, be returned when paragraph (a) ceases to apply in relation to it.

(10)

A relevant article which must be returned in accordance with subsection (9)(b) must be returned—

(a)

to the person from whom it was seized, or

(b)

if there is no such person, to the person who an authorised officer reasonably believes was last in possession of the article before it was seized.

(11)

Subsection (12), (13), (14) or (16) applies (as the case may be) to a relevant article to which subsection (9)(a) ceases to apply if—

(a)

there is no person to whom it can be returned in accordance with subsection (10), and

(b)

it is not required to be dealt with in accordance with section 25.

(12)

If the relevant article is in the possession of an immigration officer or the Secretary of State, it must be disposed of in accordance with section 26 of the UK Borders Act 2007 and any regulations made under that section.

(13)

If the relevant article is in the possession of a constable of a police force maintained by a local policing body, or of an NCA officer, it must be disposed of in accordance with the Police (Property) Act 1897, and any regulations under that Act, as if it were property that has come into the possession of the constable or NCA officer in connection with the investigation of a suspected offence.

(14)

If the relevant article is in the possession of a constable of the Police Service of Scotland, it must be disposed of in accordance with Part 6 of the Civic Government (Scotland) Act 1982 as if—

(a)

it were property that has been delivered to a constable under section 67 of that Act, and

(b)

it were delivered to a constable on the date when subsection (9)(a) of this section ceased to apply to it.

(15)

In the application of Part 6 of that Act in relation to a relevant article by virtue of subsection (14), references in that Part to action which may or must be taken in relation to the finder of property are to be disregarded.

(16)

If the relevant article is in the possession of a constable of the Police Service of Northern Ireland, it must be disposed of in accordance with section 31 of the Police (Northern Ireland) Act 1998, and any regulations under that section, as if it were property that has come into the possession of the constable in connection with the investigation of a suspected offence.

25Duty to pass on items seized under section 24

(1)

This section applies if—

(a)

an immigration officer retains a relevant article under section 24(9)(a), and

(b)

the immigration officer reasonably believes that the article or information stored on it has been obtained in consequence of the commission of, or is evidence in relation to, an offence other than an immigration offence (a “relevant offence”).

(2)

Subject to subsection (3), the immigration officer must, as soon as is reasonably practicable after forming the belief mentioned in subsection (1)(b), notify a person who the immigration officer thinks has functions in relation to the investigation of the relevant offence.

(3)

If the immigration officer reasonably believes that the relevant article or information stored on it has also been obtained in consequence of the commission of, or is evidence in relation to, an immigration offence—

(a)

subsection (2) does not apply, and

(b)

the immigration officer may notify a person who the immigration officer thinks has functions in relation to the investigation of the relevant offence.

(4)

A person notified under this section that a relevant article is being retained by an immigration officer must, as soon as is reasonably practicable after being so notified, inform the immigration officer whether the person will accept the article.

(5)

The person may inform the immigration officer that the person will not accept the relevant article only if—

(a)

the person does not think the article or information stored on it has been obtained in consequence of the commission of, or is evidence in relation to, an offence,

(b)

the person does not have functions in relation to the investigation of the relevant offence, or

(c)

the person thinks that it would be more appropriate for the relevant offence to be investigated by another person with such functions.

(6)

If the person informs the immigration officer that the person will accept the relevant article, the immigration officer must give it to the person as soon as is reasonably practicable.

(7)

Once the relevant article has been given as mentioned in subsection (6), any provision of an enactment which applies to items seized or taken away by the person applies to the article as if it had been seized or taken away by the person for the purposes of the investigation of the relevant offence.

(8)

If the person informs the immigration officer that the person will not accept the relevant article because subsection (5)(a) applies, the immigration officer must, as soon as is reasonably practicable, decide whether to continue to retain the relevant article under section 24(9).

(9)

If the person informs the immigration officer that the person will not accept the relevant article because subsection (5)(b) or (c) applies, the immigration officer must, as soon as is reasonably practicable—

(a)

notify another person (if any) who the immigration officer thinks has functions in relation to the investigation of the relevant offence that the article is being retained by an immigration officer, or

(b)

if there is no such person, decide whether to continue to retain the relevant article under section 24(9).

(10)

Where a relevant article to which this section applies or information stored on such an article has been obtained in consequence of the commission of, or is evidence in relation to, more than one offence other than an immigration offence, references in this section to the relevant offence are to any of those offences.

(11)

A function conferred or imposed by this section on an immigration officer may be exercised by any other immigration officer.

(12)

This section applies to a relevant article retained under section 24(9)(a) by the Secretary of State as it applies to a relevant article retained under that provision by an immigration officer.

(13)

In the application of this section by virtue of subsection (12), references to an immigration officer (other than in subsection (11)) are to be read as references to the Secretary of State.

(14)

In this section—

“enactment” includes—

(a)

an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978,

(b)

an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament,

(c)

an enactment contained in, or in an instrument made under, a Measure or Act of Senedd Cymru, and

(d)

an enactment contained in, or in an instrument made under, Northern Ireland legislation;

“immigration offence” means an offence which relates to an immigration or nationality matter.

26Powers to access, copy and use information stored on relevant articles

(1)

An authorised officer or the Secretary of State may—

(a)

access and examine any information stored on a relevant article that is retained under section 24(9)(a);

(b)

copy and retain any information stored on the relevant article that relates, or may relate, to the commission (whether in the past or future) of an offence under section 25 or 25A of the Immigration Act 1971;

(c)

use any information retained under paragraph (b) for a purpose relating to the prevention, detection, investigation or prosecution of such an offence.

(2)

A constable may access, examine, copy, retain or use information under subsection (1) only if the accessing, examination, copying, retention or use of the information is authorised by a police officer of at least the rank of inspector.

(3)

If an inspector gives an authorisation under subsection (2), the inspector must, as soon as it is practicable to do so, cause an officer of at least the rank of superintendent to be informed.

(4)

An NCA officer may access, examine, copy, retain or use information under subsection (1) only if the accessing, examination, copying, retention or use of the information is authorised by an NCA officer of a grade that is equivalent to the rank of inspector or above.

(5)

If an NCA officer gives an authorisation under subsection (4), the NCA officer must, as soon as it is practicable to do so, cause an NCA officer of a grade that is equivalent to the rank of superintendent or above to be informed.

27Amendment of the Criminal Justice and Police Act 2001

(1)

The Criminal Justice and Police Act 2001 is amended as follows.

(2)

In section 57(1) (retention of seized items), after paragraph (x) (inserted by the Public Authorities (Fraud, Error and Recovery) Act 2025) insert—

“(y)

section 24(9) to (16) of the Border Security, Asylum and Immigration Act 2025.”

(3)

In Part 1 of Schedule 1 (powers of seizure to which section 50 of the Act applies), after paragraph 73X (inserted by the Football Governance Act 2025) insert—

“Border Security, Asylum and Immigration Act 2025

73Y

The power of seizure conferred by section 24(1) of the Border Security, Asylum and Immigration Act 2025.”

(4)

In Part 2 of Schedule 1 (powers of seizure to which section 51 of the Act applies), after paragraph 83B insert—

“Border Security, Asylum and Immigration Act 2025

83C

The power of seizure conferred by section 24(1) of the Border Security, Asylum and Immigration Act 2025.”

(5)

In Part 3 of Schedule 1 (powers of seizure to which section 55 of the Act applies), after paragraph 114 insert—

“Border Security, Asylum and Immigration Act 2025

115

The power of seizure conferred by section 24(1) of the Border Security, Asylum and Immigration Act 2025.”

28Extension of powers to other persons

(1)

The Secretary of State may by regulations provide—

(a)

that a reference to an authorised officer or an immigration officer in section 22, 23, 24 or 26 includes a person of a description specified in the regulations;

(b)

that a person of a description so specified may, if necessary, use reasonable force in the exercise of any function conferred by virtue of the regulations.

(2)

The descriptions of person that may be specified in the regulations include persons designated by the Secretary of State in accordance with the regulations.

(3)

Where persons are designated by the Secretary of State as mentioned in subsection (2) the regulations must contain such safeguards relating to the designation as the Secretary of State considers appropriate.

29Meaning of other expressions

In sections 22 to 26 and this section—

“container” has the meaning given by section 1 of the Customs and Excise Management Act 1979;

“deportation order” means an order under section 5 of the Immigration Act 1971;

“electronic travel authorisation” means an authorisation in electronic form to travel to the United Kingdom;

“entry clearance” has the meaning given by section 33(1) of the Immigration Act 1971;

“immigration officer” means a person appointed by the Secretary of State as an immigration officer under paragraph 1 of Schedule 2 to the Immigration Act 1971;

“immigration rules” means rules under section 3(2) of the Immigration Act 1971;

“NCA officer” means National Crime Agency officer;

“premises” includes any place and in particular includes any tent or movable structure;

“ship” has the meaning given by section 28Q of the Immigration Act 1971;

“vehicle” includes—

(a)

any ship, train (including any locomotive and railway rolling stock of any description), aircraft or bicycle, and

(b)

anything designed or adapted for being towed by a vehicle.