Part 3: Enforcement Section 56: Detention etc. by immigration officers in Scotland
This section amends the definition of "immigration offence" in the Criminal Law (Consolidation) (Scotland) Act 1995 to ensure that the Scottish powers of detention prior to arrest, and of arrest without warrant, apply to all immigration offences contained in, or for which an immigration officer has a power of arrest under, the Immigration Acts. This includes those offences listed in section 14 of the Asylum and Immigration (Treatment of Claimants etc.) Act 2004 which immigration officers often encounter in the course of exercising a function under the Immigration Acts. It allows immigration officers to work effectively within the Scottish criminal justice system and ensures consistency in the immigration-related criminal investigation powers of immigration officers across the UK.
	Subsection (2) clarifies that, under section 24A of the Criminal Law (Consolidation) (Scotland) Act 1995, the role of "custody review officer" can be undertaken by a police inspector and not just a person of equivalent rank. For persons detained (pending arrest and charge) by an immigration officer on suspicion of an immigration or nationality offence, a ‘custody review officer’ may authorise an extension of the time period for which a person can be held in detention.