Immigration Act 1971

[F125 Assisting unlawful immigration to member StateU.K.

(1)A person commits an offence if he—

(a)does an act which facilitates the commission of a breach of immigration law by an individual who is not a citizen of the European Union,

(b)knows or has reasonable cause for believing that the act facilitates the commission of a breach of immigration law by the individual, and

(c)knows or has reasonable cause for believing that the individual is not a citizen of the European Union.

(2)In subsection (1) “immigration law” means a law which has effect in a member State and which controls, in respect of some or all persons who are not nationals of the State, entitlement to—

(a)enter the State,

(b)transit across the State, or

(c)be in the State.

(3)A document issued by the government of a member State certifying a matter of law in that State—

(a)shall be admissible in proceedings for an offence under this section, and

(b)shall be conclusive as to the matter certified.

(4)Subsection (1) applies to anything done—

(a)in the United Kingdom,

(b)outside the United Kingdom by an individual to whom subsection (5) applies, or

(c)outside the United Kingdom by a body incorporated under the law of a part of the United Kingdom.

(5)This subsection applies to—

(a)a British citizen,

(b)a British overseas territories citizen,

(c)a British National (Overseas),

(d)a British Overseas citizen,

(e)a person who is a British subject under the British Nationality Act 1981 (c. 61), and

(f)a British protected person within the meaning of that Act.

(6)A person guilty of an offence under this section shall be liable—

(a)on conviction on indictment, to imprisonment for a term not exceeding 14 years, to a fine or to both, or

(b)on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.]

Textual Amendments

F1Ss. 25-25C substituted (10.2.2003) for s. 25 by 2002 c. 41, s. 143 (with s. 159); S.I. 2003/1, art. 2, Sch.