Legislation – Border Security, Asylum and Immigration Act 2025

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Part 1Border security

Chapter 2Other border security provision

Powers of search etc in relation to electronic devices

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.