3EnforcementE+W+N.I.
(1)An offence is committed by a person who—
(a)absconds from detention under section 2,
(b)assaults an immigration officer exercising a power under section 2, or
(c)obstructs an immigration officer in the exercise of a power under section 2.
(2)A person guilty of an offence under subsection (1)(a) or (b) shall be liable on summary conviction to—
(a)imprisonment for a term not exceeding 51 weeks,
(b)a fine not exceeding level 5 on the standard scale, or
(c)both.
(3)A person guilty of an offence under subsection (1)(c) shall be liable on summary conviction to—
(a)imprisonment for a term not exceeding 51 weeks,
(b)a fine not exceeding level 3 on the standard scale, or
(c)both.
(4)In the application of this section to Northern Ireland—
(a)the reference in subsection (2)(a) to 51 weeks shall be treated as a reference to six months, and
(b)the reference in subsection (3)(a) to 51 weeks shall be treated as a reference to one month.
[F1(4A)In the application of this section to Scotland, the references in subsections (2)(a) and (3)(a) to 51 weeks shall be treated as references to 12 months.]
(5)In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44) (51 week maximum term of sentences)—
(a)the reference in subsection (2)(a) to 51 weeks shall be treated as a reference to six months, and
(b)the reference in subsection (3)(a) to 51 weeks shall be treated as a reference to one month.
Textual Amendments
F1S. 3(4A) inserted (27.10.2014) by Borders, Citizenship and Immigration Act 2009 (c. 11), ss. 52(2), 58(3)(b); S.I. 2014/2634, art. 2(b)
Commencement Information
I1S. 3 in force at 31.1.2008 by S.I. 2008/99, art. 2(a)