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Whilst the powers of search and seizure in these clauses are likely to be ‘in...
Conclusion
Whilst the powers of search and seizure in these clauses are likely to be ‘in accordance with the law’ and in pursuit of the legitimate aim of crime prevention, there are questions as to necessity and proportionality. Liberty argues that “given the vast amount of data on mobile phones, it is highly unlikely that all data extracted would be necessary and as such it would be unlawful to extract data unless these clauses are more narrowly constituted … such that it is not operated as a blanket policy”.114 If it is reasonable to suspect that the vast majority of those arriving in the UK by small boat have been smuggled or trafficked (and are therefore in possession of information relevant to ‘facilitation offences’115), these powers risk being applied as a blanket policy to all persons arriving by small boat irrespective of whether they have engaged in organised immigration crime. This could lead, in practice, to indiscriminate searches and seizures.
Source
Committee
Human Rights (Joint Committee)
Report
4th Report - Legislative Scrutiny: Border Security, Asylum and Immigration Bill
20 Jun 2025
HC 789
Addressee Bodies
Ministry of Justice
Timeline
Recommendation age
1.0 yr
Report published
20 Jun 2025