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Criminal Justice and Immigration Act 2008

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Prospective

133ConditionsE+W+S+N.I.

This section has no associated Explanatory Notes

(1)The Secretary of State or an immigration officer may by notice in writing impose a condition on a designated person.

(2)A condition may relate to—

(a)residence,

(b)employment or occupation, or

(c)reporting to the police, the Secretary of State or an immigration officer.

(3)Section 36 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (electronic monitoring) shall apply in relation to conditions imposed under this section as it applies to restrictions imposed under paragraph 21 of Schedule 2 to the Immigration Act 1971 (with a reference to the Immigration Acts being treated as including a reference to this section).

(4)Section 69 of the Nationality, Immigration and Asylum Act 2002 (c. 41) (reporting restrictions: travel expenses) shall apply in relation to conditions imposed under subsection (2)(c) above as it applies to restrictions imposed under paragraph 21 of Schedule 2 to the Immigration Act 1971.

(5)A person who without reasonable excuse fails to comply with a condition imposed under this section commits an offence.

(6)A person who is guilty of an offence under subsection (5) shall be liable on summary conviction to—

(a)a fine not exceeding level 5 on the standard scale,

(b)imprisonment for a period not exceeding 51 weeks, or

(c)both.

(7)A provision of the Immigration Act 1971 (c. 77) which applies in relation to an offence under any provision of section 24(1) of that Act (illegal entry etc.) shall also apply in relation to the offence under subsection (5) above.

(8)In the application of this section to Scotland or Northern Ireland the reference in subsection (6)(b) to 51 weeks shall be treated as a reference to six months.

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