Part 2: Access to Services Section 44: Offence of driving when unlawfully in the United Kingdom
Subsection (2) inserts new sections 24C to 24F into the 1971 Act. New section 24C creates a new offence of a person who is not lawfully in the UK driving a vehicle on a road or other public place if, at the time of committing the offence, the person knew or had reasonable cause to believe that they were not lawfully resident. A person guilty of this offence will be liable on summary conviction to imprisonment of up to six months and/or a fine of up to the statutory maximum, or an unlimited fine in England and Wales.
	When a person is arrested for this new offence, section 24D creates a new power to detain the vehicle used in the commission of the offence until a decision is made as to whether to charge the person (or a decision to institute proceedings in Scotland) and then while proceedings are ongoing.
	The person who has been arrested might not be the owner or registered keeper of the vehicle used in the commission of the offence. Section 24D(8) provides the Secretary of State with the power to make provision, by regulations, about the circumstances in which a vehicle may be released from detention.
	Section 24E provides the police and immigration officers with the power to enter premises in order to detain a relevant vehicle. This power can only be exercised without a warrant if the relevant officer knows the vehicle is on the premises (for example, the officer can see it on the drive), or with a warrant if a justice of the peace is satisfied that there are reasonable grounds for suspecting that the vehicle is on the premises.
	Section 24F provides that if a person is convicted of an offence under section 24C, the court may order forfeiture of the relevant vehicle. Forfeiture orders cannot be made unless any person with an interest in the vehicle, who has applied to the court to make representations against forfeiture, has been allowed to present these to the court (section 24F(2)). The Secretary of State may make provision, by regulations, about the disposal of forfeited vehicles and the destination of proceeds arising from disposal.
	Subsection (3) amends section 28A(3) (a) of the 1971 Act to allow immigration officers to arrest, without a warrant, a person who has committed, or who they have reasonable grounds for suspecting has committed, the new driving offence.
	Subsection (4) amends section 28B(5) of the 1971 Act so that a justice of the peace (or a sheriff or justice of the peace in Scotland) may issue a warrant permitting an immigration officer or constable to enter premises to search for and arrest a person suspected of committing the new driving offence.
	Subsection (5) amends section 28CA(1) of the 1971 Act to provide the power for a constable or immigration officer to enter and search business premises for the purpose of arresting a person suspected of committing the offence.
	Subsection (6) amends section 28D(4) of the 1971 Act to provide that a justice of the peace (or a sheriff or justice of the peace in Scotland) may issue a warrant permitting an immigration officer to enter and search premises, where there are reasonable grounds for believing that material may be found on those premises that relate to the offence.
	Subsection (7) amends section 16(2A)(b) of the Police and Criminal Evidence Act 1984, and subsection (8) amends Article 18(2A)(b) of the Police and Criminal Evidence (Northern Ireland) Order 1989, in order to provide that a person accompanying a constable in the execution of a warrant, may detain a vehicle.
	Subsection (9) amends section 146 (2) of the Immigration and Asylum Act 1999, so that a constable may use reasonable force in order to detain a vehicle.