Counter-Terrorism and Security Act 2015

Counter-Terrorism and Security Act 2015

2015 CHAPTER 6

Part 1: Temporary Restrictions on Travel

Commentary on Sections

Chapter 2: Temporary exclusion from the United Kingdom

Section 10: Offences

63. Subsection (1) provides that it is an offence for an individual subject to a TEO to return to the United Kingdom in contravention of the TEO, without a reasonable excuse.

64. Subsection (2) provides that it is irrelevant for the purposes of this offence whether or not the individual has a passport or similar other identity document.

65. Subsection (3) makes it an offence for an individual subject to a TEO not to comply without a reasonable excuse with obligations imposed by the Secretary of State under section 9.

66. Subsection (4) provides that deemed service of notice (where the relevant notice has not actually been given to an individual) does not prevent an individual from showing that lack of knowledge of the TEO, or of the obligation imposed under section 9, was a reasonable excuse for the purposes of this section.

67. Subsection (5) sets out the maximum penalties for conviction of an individual for the two new offences.

68. Definitions of the terms “relevant notice” and “restriction on return” are provided at subsection (7).

69. Subsection (8) amends subsection (1A) of section 2 of the UK Borders Act 2007 to replace “the individual is subject to a warrant for arrest” with “the individual (a) may be liable to detention by a constable under section 14 of the Criminal Procedure (Scotland) Act 1995 in respect of an offence under section 10(1) of the Counter-Terrorism and Security Act 2015 or (b) is subject to a warrant for arrest”. This means that designated immigration officers in Scotland will have the power to detain any person they think is liable to arrest for the offence of returning to the UK in breach of a TEO. Equivalent provision exists in England, Wales and Northern Ireland.