§ Mrs. Renée Shortasked the Secretary of State for the Home Department under what statutory authority immigration officials may act without a warrant when they suspect someone of being (a) an illegal immigrant and (b) in breach of the immigration laws; and in what circumstances and under what authority they can examine confidential personnel records.
§ Mr. RaisonSection 24(2) of the Immigration Act 1971 provides that a con-396W stable or immigration officer may arrest without warrant anyone who has, or whom he, with reasonable cause, suspects to have, committed or attempted to commit the offences (a) of knowingly entering the United Kingdom in breach of a deportation order or without leave of an immigration officer; and (b) of knowingly remaining beyond the time limited by the leave or failing to observe a condition of the leave.
An illegal entrant may also be detained under the authority of an immigration officer, under paragraph 16 of schedule 2 to the Act, pending his removal; and a person liable to be so detained may, under paragraph 17, be arrested without warrant by a constable or by an immigration officer.
The Act gives no authority to an immigration officer to examine confidential personnel records in connection with inquiries regarding a person's immigration status, and it is for the holder of the records to decide whether or not the information contained therein should be divulged to the officer making an inquiry.