(1)A person commits an offence if, without reasonable excuse, he does anything which he is prohibited from doing by a foreign travel order.
[F1(1A)A person commits an offence if, without reasonable excuse, the person fails to comply with a requirement under section 117A(2).]
[F2(1B)A person commits an offence if, without reasonable excuse, the person fails to comply with—
(a)a requirement under section 117A(2) (surrender of passports: England and Wales and Northern Ireland), or
(b)a requirement under section 117B(2) (surrender of passports: Scotland).
(1C)A person may be prosecuted, tried and punished for any offence under subsection (1B)—
(a)in any sheriff court district in which the person is apprehended or is in custody, or
(b)in such sheriff court district as the Lord Advocate may determine,
as if the offence had been committed in that district (and the offence is, for all purposes incidental to or consequential on the trial or punishment, to be deemed to have been committed in that district).]
(2)A person guilty of an offence under this section is liable—
(a)on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
(b)on conviction on indictment, to imprisonment for a term not exceeding 5 years.
(3)Where a person is convicted of an offence under this section, it is not open to the court by or before which he is convicted to make, in respect of the offence, an order for conditional discharge (or, in Scotland, a [F3community payback order]).
Textual Amendments
F1S. 122(1A) inserted (E.W.N.I.) (1.4.2010) by Policing and Crime Act 2009 (c. 26), ss. 25(3), 116(1); S.I. 2010/507, art. 5(l) (subject to art. 6)
F2S. 122(1B)(1C) inserted (S.) (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 101(6), 206(1); S.S.I. 2010/413, art. 2, Sch.
F3Words in s. 122(3) substituted (S.) (1.2.2011) by The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential and Supplementary Provisions) Order 2011 (S.S.I. 2011/25), arts. 1, 2, Sch. para. 2(5) (with art. 3)
Modifications etc. (not altering text)
C1S. 122(1B)(b) extended (E.W.N.I.) (16.9.2011) by The Criminal Justice and Licensing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2011 (S.I. 2011/2298), art. 1, Sch. para. 3(1) (with art. 4(4))