Border Security, Asylum and Immigration Act 2025, new digital data powers, 8 July 2026

 

Our workshop will consider new legislation that came into force on January 5 this year that provides investigators with unprecedented powers to seize and analyse electronic devices belonging to individuals who have entered the UK illegally without prior arrest. This is specifically to help investigators track criminal networks behind people smuggling.

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The new powers enable ‘authorised officers’ to act based on reasonable grounds to suspect that a person has a device which contains information that relates or may relate to the commission of an offence under section 25 or 25A of the Immigration Act 1971. This enables the powers to be used at a lower threshold than other search and seizure powers.

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The powers are primarily intended for use in high-risk operational settings such as small boat arrivals and other clandestine entry points, including concealment in lorries or other vehicles. They support rapid evidence collection and intelligence development in fast-moving border security scenarios.

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Due to this lowering of the threshold of search and seizure powers, the changes have caused some controversy, so it is important that investigators are properly trained to implement these new powers and fully comply with the new legislation.

 

Workshop content

Overview and context

The workshop will provide an overview of the new digital data powers and how they are applied in an operational context.

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Authorised officer

We will look at the meaning of the term ‘authorised officer’ as the new powers are limited to authorised officers that include: police investigators from England and Wales, Scotland and Northern Ireland, National Crime Agency investigators, Immigration Officers and Border Force.

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The new powers emphasise the importance of the authorised officer to consider the impact that seizing and retaining a device may have on a business, organisation, or individual.

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When seeking to obtain digital material, whether from a suspect, witness, or victim, any intrusion into an individual’s private and personal life must be justified as necessary and proportionate.

 

New Digital Data Powers

We’ll look at the powers and how they should be used. These include:

• Wider Search Capabilities: authorised officers can seize electronic devices (phones, SIM cards, tablets) upon detection or in subsequent searches, even if the person is not suspected of a criminal offence, provided there are reasonable grounds that the device contains relevant information.

• Data Exploitation: The law enables authorities to ‘extract, copy, and analyse’ data from these devices, including encrypted information.

• Data Sharing: Enhanced data-sharing protocols allow for greater exchange of information between the Home Office, HMRC, and the DVLA, aiming to build a more comprehensive intelligence picture. 

 

Key Aspects of Device Seizure

• Purpose: To collect evidence (location data, contacts, financial info) to dismantle smuggling networks, not necessarily to prosecute the individual

• Threshold: Officers need ‘reasonable grounds to suspect’ the device contains relevant information, a lower threshold than typical search powers

• Scope: Applies to those entering without leave, focusing on high-risk areas like small boat arrivals

• Action: Officers can search people, vehicles, and premises for devices, and can even search mouths for hidden SIM cards

• Intelligence focus: Data downloaded helps identify smuggling routes, gang members, and finances. 

 

Other Relevant Legislation

• Immigration Act 1971

• Police and Criminal Evidence Act 1984

• Human Rights Act 1998

• Data Protection Act 2018

• Criminal Justice and Police Act 2001

 

Repeal of Previous Acts: The 2025 Act repealed the Illegal Migration Act 2023 and the Safety of Rwanda Act 2024, replacing them with this new framework.

 

An outline of what is considered a ‘relevant article’ in the legislation. This includes:

• mobile phones

• SIM cards

• smart watches

• USB sticks

• laptops

• electronic tablets

 

We will also explore the following:

• The powers to search

• The powers to seize

• The powers to retain

• Requesting PINs and passwords

• What if an individual refuses to provide their PINs and passwords

• How does an authorised officer access, copy and use information

• What happens if evidence of a non-immigration offence is found

• What happens if there is Legal Professional Privilege material

• Repatriation of electronic devices

• Exercising powers in respect of vulnerable individuals

 

Held online via Teams

Certificates of CPD available

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Our expert

Fenella Wheatley is an accredited communications data investigator who has worked for the Met Police and is currently working for the National Digital Exploitation Service (NDES) as a Band C CCTV Investigations Manager.

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She also delivers training courses to investigators and analysts in a number of law enforcement organisations. She is the author of published work on Stop and Search Proportionality, Crime Mapping Analysis in Greater Manchester – Awarded Q-Step Award for Quantitative Analysis.

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Fenella has delivered a number of digital investigation workshops for the Investigator which have been well received by delegates.

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HOW TO BOOK

Cost: £230 + VAT (GBP) per delegate per workshop (LEA and Government Agency rate).  £275 + VAT (Industry rate), per delegate 

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Group bookings: We offer various discounts for group bookings depending on numbers, please contact us for details.

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Student discount: We offer a 35% discount on all of our online events/workshops on condition of payment by card and a valid University email address.

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Booking: Please send the delegates name(s), email address(es) and purchase order (made out to The Investigator) to booking@the-investigator.co.uk or telephone +44(0)844 660 8707 for further information. 

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Payment can be made by PayPal/debit/credit card. ​The meeting link will be sent out 7 days before the event.

 

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