Legislation – Border Security, Asylum and Immigration Act 2025

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Part 1Border security

Chapter 2Other border security provision

Powers of search etc in relation to electronic devices

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.