is a two-stage burden of proof. First, there must be sufficient intelligence (often a tip from the public) that irregular migrant(s) congregate at a specific place at a specific time.13 Second, once at the site of interest an Immigration Officer will need to have information suggesting that the specific person may be of interest. Such detail could include attempts to avoid passing through or near a group of Immigration Officers who are clearly visible, or other ‘nervous’ or ‘suspicious behaviour’.14 These rules clearly leave lot of room for discretion, yet such power is arguably balanced by the fact that Immigration Officers’ requests for information are voluntary. If a person walks away, there is no power to arrest them. The situation with the police is slightly different. Police are allowed to stop anyone in a public place and ask persons to account for themselves, without suspicion of a specific crime.15 ‘Stop and accounts’ powers invoke no duty to respond. There are no general powers to require persons to identify themselves. Furthermore, the police do not have powers under P.A.C.E. (1984)16 to stop and search persons for a suspected immigration offence. However, the police are allowed to arrest for another offence than the one that justified the search in the first place where evidence comes up in the course of the encounter. Two further provisions allow for stop and search without reasonable suspicion: The Criminal Justice and Public Order Act 1994 S. 60 introduces the right for inspectors to authorise stops without suspicion in a specified period over a maximum of 24 hours on the basis of reasonable belief that serious crime will be committed. While introduced as a specific measure to prevent violent offences at sporting and other large-scale events, around 10 per cent of stop and searches were carried out under S60 powers in 2009-2010.17 In addition, section 44 of the Terrorism Act 2000 empowered senior police to authorise stops without where they considered it ‘expedient’ to do so in order to prevent acts of terrorism.18 The whole of the Metropolitan Police area in London was continuously subject to such an authorisation for most of the decade following the Act coming into force.19 Severe restrictions have been placed on the use of S.44 subsequent to a European Court of Human Rights hearing.20 To what extent are police powers for street based controls used for immigration enforcement? A report by the Home Office found that there was a regular flow of arrestees who were picked up ‘purely on the basis of their immigration status’, either through officers picking up suspected illegal immigrants on ‘lorry-stop drop offs’ or as the result of joint immigration/police targeted operations.21 General powers of stop and search do not seem to be used for immigration enforcement: of the 650,000 persons stopped and searched under s.44 powers in the last 10 years, less than 119 were transferred to immigration services.22 Similar figures are not available for section 60 powers, although these checks have become associated with anti-knife and gun crime operations and more generally with combating gang culture in inner cities rather than immigration offenders. However, the Metropolitan police arrested a not inconsiderable 1285 persons in 20112012 for immigration offences following stop and searches.23 Finally, statistics are patchy but there appears to be cross-country variation in the prioritisation of immigration enforcement by the police. In general, London’s Metropolitan police carry out a highly disproportionate number of stop and searches in the UK . . . Immigration Officers’ requests for information are voluntary. If a person walks away, there is no power to arrest them. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 30 Before anything happens, there is a meeting presenting the evidence and a senior member has to authorise the raid. Program segment, UK Border Force. Available at: www.youtube.com/watch?v=chQVBpA3g68&feature=related Citizens Advice Bureau. Police Powers. Available at: www.adviceguide.org.uk/england/law_e/law_legal_system_e/law_police_e/police_powers.htm#stop_and_account Or indeed, any of the other stop and search powers requiring ‘reasonable suspicion’. See Police and Criminal Evidence Act 1984, Code A. Available at: http//www.homeoffice.gov.uk/publications/police/operational-policing/pace-codes/pace-code-a-2011?view=Binary Ministry of Justice. (2011). Statistics on Race and the Criminal Justice System 2010. Available at: http://www.justice.gov.uk/downloads/statistics/mojstats/stats-race-cjs-2010.pdf/ S 44. also allows police officers to take a suspect’s ethnic origin into account when deciding whether to search someone under suspicion of terrorism. Bridge, J. (2011). Police-initiated Stop Practices in the United Kingdom — Where are we now? in Roundtable on Current Debates, Research Agenda and Strategies to Address Racial Disparities in Police-Initiated Stops in the UK and USA. John Jay College of Criminal Justice, New York. Liberty. (2010). Liberty wins landmark stop and search case in court of human rights. Available at: www.liberty-humanrights.org.uk/media/press/2010/liberty-wins-landmark-stop-and-search-case-in-court-of-human-rights.php Hamilton-Smith, N. & Patel, S. (2006). Determining identity and nationality in local policing. Home Office Research Report 42. Home Office Statistics. (2012). Operation of police powers under the Terrorism Act 2000 and subsequent legislation: Arrests, outcomes and stops and searches. Great Britain 2010/2011. HOSB 11/12. FOI 2012080002362. Prison Service Journal Issue 205