C8C3C4 Part III Criminal Proceedings
Pt. 3 extended (with modifications) (1.8.1993) by S.I. 1993/1796, art. 3(1), Sch. 1 Pt. 1 (Guernsey), S.I. 1993/1797, art. 3(1), Sch. 1 Pt. 1 (Jersey) (as amended by S.I. 2003/1252, art. 3(b) and (17.10.2012) by S.I. 2012/2593, arts. 1, 2(2))
Pt. 3 modified by Immigration Act 2014 (c. 22), s. 33C(6) (as inserted (1.11.2016 for specified purposes, 1.12.2016 in so far as not already in force) by Immigration Act 2016 (c. 19), ss. 39(2), 94(1); S.I. 2016/1037, regs. 2(a), 5(c))
C1C5C6C724C4Illegal entry and similar offences.
F13A1
A person who knowingly enters the United Kingdom in breach of a deportation order commits an offence.
B1
A person who—
a
requires leave to enter the United Kingdom under this Act, and
b
knowingly enters the United Kingdom without such leave,
commits an offence.
C1
A person who—
a
has only a limited leave to enter or remain in the United Kingdom, and
b
knowingly remains beyond the time limited by the leave,
commits an offence.
D1
A person who—
a
requires entry clearance under the immigration rules, and
b
knowingly arrives in the United Kingdom without a valid entry clearance,
commits an offence.
E1
A person who—
a
is required under immigration rules not to travel to the United Kingdom without an ETA that is valid for the person’s journey to the United Kingdom, and
b
knowingly arrives in the United Kingdom without such an ETA,
commits an offence.
F1
A person who commits an offence under any of subsections (A1) to (E1) is liable—
a
on summary conviction in England and Wales, to imprisonment for a term not exceeding F23the general limit in a magistrates’ court or a fine (or both);
b
on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
c
on summary conviction in Northern Ireland, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both);
d
on conviction on indictment—
i
for an offence under subsection (A1), to imprisonment for a term not exceeding five years or a fine (or both);
ii
for an offence under any of subsections (B1) to (E1), to imprisonment for a term not exceeding four years or a fine (or both).
G1
In relation to an offence committed before paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 comes into force, the reference in subsection (F1)(a) to F22the general limit in a magistrates’ court is to be read as a reference to six months.
1
A person who is not F1a British citizen shall be guilty of an offence punishable on summary conviction with a fine of not more than F2F3level 5on the standard scale or with imprisonment for not more than six months, or with both, in any of the following cases:—
F4aa
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C2b
if, having only a limited leave to enter or remain in the United Kingdom, he knowingly F15fails to observe a condition of the leave;
c
if, having lawfully entered the United Kingdom without leave by virtue of section 8(1) above, he remains without leave beyond the time allowed by section 8(1);
d
if, without reasonable excuse, he fails to comply with any requirement imposed on him under Schedule 2 to this Act to report to F5a medical officer of healthF5the chief administrative medical officer of a Health BoardF6or the F21chief administrative medical officer of a Health and Social Services BoardF21Director of Public Health for Northern Ireland, or to attend, or submit to a test or examination, as required by such an officer;
F10e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
f
if he disembarks in the United Kingdom from a ship or aircraft after being placed on board under Schedule 2 or 3 to this Act with a view to his removal from the United Kingdom;
g
if he embarks in contravention of a restriction imposed by or under an Order in Council under section 3(7) of this Act F11;
h
if the person is on immigration bail within the meaning of Schedule 10 to the Immigration Act 2016 and, without reasonable excuse, the person breaches a bail condition within the meaning of that Schedule.
F71A
A person commits an offence under F16subsection (C1) above on the day when he first knows that the time limited by his leave has expired and continues to commit it throughout any period during which he is in the United Kingdom thereafter; but a person shall not be prosecuted under that provision more than once in respect of the same limited leave.
F82
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
F93A
The extended time limit for prosecutions which is provided for by section 28(1A) below shall apply to offences under subsection (1)(h) above.
4
In proceedings for an offence F18under subsection (B1) above of entering the United Kingdom without leave,—
a
any stamp purporting to have been imprinted on a passport or other travel document by an immigration officer on a particular date for the purpose of giving leave shall be presumed to have been duly so imprinted, unless the contrary is proved;
b
proof that a person had leave to enter the United Kingdom shall lie on the defence F19....
F205
In proceedings for an offence under subsection (D1) above of arriving in the United Kingdom without a valid entry clearance—
a
any document attached to a passport or other travel document purporting to have been issued by the Secretary of State for the purposes of providing evidence of entry clearance for a particular period is to be presumed to have been duly so issued unless the contrary is proved;
b
proof that a person had a valid entry clearance is to lie on the defence.
Pt. 3 extended (Isle of Man) (with modifications) (13.3.2008 for specified purposes and 1.5.2008 in so far as not already in force) by The Immigration (Isle of Man) Order 2008 (S.I. 2008/680), arts. 1(2), 5, 6(2)(b), 7, Sch. 3, Sch. 10 Pt. 1 (with Sch. 2 para. 2) (as amended (14.3.2019) by S.I. 2019/562, arts. 1, 5, 11; and (31.12.2020) by The Immigration (Isle of Man) (Amendment) Order 2020 (S.I. 2020/1214), arts. 1, 6(4)(5); and (11.11.2021) by The Immigration (Isle of Man) (Amendment) Order 2021 (S.I. 2021/1277), arts. 1(2), 8)