Part 9

Miscellaneous and general
CHAPTER 1

Miscellaneous

Requirements to confirm nationality

Requirement to state nationality
159
In the UK Borders Act 2007, after section 43 (supply of police information) insert—

Requirement to state nationality
43A
1
An individual who is arrested for an offence must state his or her nationality if required to do so by an immigration officer or a constable in accordance with this section.
2
A requirement may be imposed on an individual under subsection (1) only if the immigration officer or constable suspects that the individual may not be a British citizen.
3
When imposing a requirement under subsection (1) the immigration officer or constable must inform the individual that an offence may be committed if the individual fails to comply with a requirement imposed under this section.
4
The immigration officer or constable must make a written record of the imposition of a requirement under subsection (1) as soon as practicable.
5
The written record is to be made in the presence of the individual where this is practicable.

Offence of not giving nationality
43B
1
A person commits an offence if, without reasonable excuse, the person fails to comply with a requirement imposed in accordance with section 43A, whether by providing false or incomplete information or by providing no information.
2
Information provided by a person in response to a requirement imposed in accordance with section 43A is not admissible in evidence in criminal proceedings against that person other than proceedings for an offence under this section.
3
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 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.
S. 159 in force for specified purposes at Royal Assent, see s. 183