Part 3: Enforcement Section 48: Seizure and retention in relation to offences
Currently, when immigration officers in England and Wales search premises for immigration purposes, (e.g. to check the immigration status of a person), they can only seize evidence of a non-immigration crime if they are trained criminal investigators by relying on the Police and Criminal Evidence Act 1984 (Application to immigration officers and designated customs officials in England and Wales) Order 2013. Therefore, often immigration officers must contact the local police and await their response when they encounter non-immigration crime. In the meantime the immigration officer has no specific powers to prevent that potential evidence from being removed or destroyed.
	This section provides all immigration officers with a power to seize anything that has been acquired through committing a non-immigration offence, and evidence in relation to offences (subsections (2) and (3), including electronic information (subsections (4) and (5)). Immigration officers cannot seize anything that is subject to legal privilege (subsection (6)).
	Subsection (7) allows immigration officers to retain anything they seize under subsections (2) to (5) so long as necessary in all the circumstances and, in particular, for one of three purposes; use as evidence at trial; examination or investigation; or to establish the lawful owner of the property. However, subsection (8) provides that such items cannot be retained if a photograph or copy is sufficient. Subsection (9) gives an employer or landlord the right to access documents that have been seized and copy them. However, if there are reasonable grounds to believe that this access would jeopardize an investigation, access will be denied.