Passports Act 2007 · 2020 Revised Edition · Part 4 · Powers of Enforcement
32. Powers of arrest, detention and prosecution
Feedback & supportLast amended by an amending law of 2024. 2 amendments in all.
The Controller, an immigration officer or a police officer may arrest without warrant —
Controller
“Controller” means the Controller of Immigration appointed under section 3 of the Immigration Act 1959;
any person committing or attempting to commit any offence under this Act; or (b)any person whom the Controller, immigration officer or police officer reasonably suspects of being engaged in committing or attempting to commit any offence under this Act.
Where any person is arrested under subsection (1), the Controller, immigration officer or police officer making the arrest must comply with sections 67 and 68 of the Criminal Procedure Code 2010 as if he or she were a police officer.
immigration officer
“immigration officer” means an immigration officer appointed under section 3 of the Immigration Act 1959;
Any person arrested under subsection (1) may be detained at —
a lock-up appointed as a place of confinement under section 4(1) of the Prisons Act 1933; or
an immigration depot designated under the Immigration Act 1959.
In any case relating to the commission of an offence under this Act, an immigration officer has all the powers of a police officer under the Criminal Procedure Code 2010 in relation to an investigation into an arrestable offence.
For the purposes of subsection (3), when an immigration officer is exercising the powers of a police officer under the Criminal Procedure Code 2010, the immigration officer is deemed to be an officer not below the rank of inspector of police.
The Controller and an immigration officer who is an authorised officer have the authority to appear in court and may, with the authorisation of the Public Prosecutor, conduct any prosecution in respect of any offence under this Act.