Legislation – Border Security, Asylum and Immigration Act 2025
Changes to legislation:
There are currently no known outstanding effects for the Border Security, Asylum and Immigration Act 2025, Section 23.
Changes to Legislation
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Part 1Border security
Chapter 2Other border security provision
Powers of search etc in relation to electronic devices
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)
(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.