ABSTRACT
The Nationality, Immigration and Asylum Act 2002 has made a number of significant changes to the Immigration and Asylum Act 1999 regarding the detention of certain immigrants. First, as already mentioned at the beginning of this chapter, s 66 of the 2002 Act changed the name of the previously-entitled immigration detention centres to immigration removal centres. Secondly, s 64 extends para 17 of Sched 2 to the Immigration Act 1971 and gives an additional power to detainee custody officers whilst on escort duties. This will enable them to enter premises, using reasonable force if necessary, in order to search a detained person before escorting him or her to the relevant place of detention. The initial detention of that person will be made by a police officer or immigration officer as a result of executing a warrant under para 17(2) of Sched 2 to the Immigration Act 1971. Thirdly, s 153 of the 2002 Act inserts a new s 28CA into the 1971 Act which provides police and immigration officers with the power to search business premises and also to arrest immigration offenders who are on those premises. Where police or immigration officers detain such persons on those premises, a detainee custody officer may then enter, using reasonable force if necessary, in order to carry out a search in pursuance of his or her escort duties.
