Information

Offence of failing to produce nationality document
46C
1
A person commits an offence if, without reasonable excuse, the person fails to comply with a notice given in accordance with section
46A
.
2
The fact that a person deliberately destroyed or disposed of a nationality document is not a reasonable excuse for the purposes of subsection
(1)
unless the destruction or disposal was—
a
for a reasonable cause, or
b
beyond the control of the person charged with the offence.
3
In subsection
(2)(a)
“reasonable cause” does not include the purpose of—
a
delaying the handling or resolution of a claim or application or the taking of a decision,
b
increasing the chances of success of a claim or application, or
c
complying with instructions given by a person who offers advice about, or facilitates, immigration into the United Kingdom, unless in the circumstances of the case it is unreasonable to expect non-compliance with the instructions or advice.
4
A person who is guilty of an offence under subsection
(1)
is liable—
a
on summary conviction in England and Wales, to either or both of the following—
i
imprisonment for a term not exceeding 51 weeks (or 6 months if the offence was committed before the commencement of section 281(5) of the Criminal Justice Act 2003);
ii
a fine;
b
on summary conviction in Scotland, to either or both of the following—
i
imprisonment for a term not exceeding 12 months;
ii
a fine not exceeding level 5 on the standard scale;
c
on summary conviction in Northern Ireland, to either or both of the following—
i
imprisonment for a term not exceeding 6 months;
ii
a fine not exceeding level 5 on the standard scale.
Ss. 46A-46C inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 160, 183(1)(5)(e)