399.This section allows the Secretary of State to direct that immigration officers must have regard to relevant provisions of the existing PACE codes of practice in England Wales and Northern Ireland when exercising specified powers to arrest, question, search persons, enter and search premises, take fingerprints or seize property. The direction issued under this section must specify which powers are covered, which provisions of the existing PACE codes of practice are relevant and list any modifications necessary to ensure consistency of approach. The section will reinforce the existing commitment under section 67(9) of PACE which requires any person charged with the duty to investigate offences to have regard to the relevant PACE codes of practice. It will extend this commitment to immigration officers when they are exercising specified powers under Schedule 2 to the 1971 Act and also to any authorised person exercising the power to take fingerprints conferred by section 141 of this Act.
Schedule 9 Part VII: Power to arrest, search and fingerprint Section 145: Codes of practice