Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003

Application of criminal law to a Control Zone in France

12.—(1) An act or omission which constitutes an offence under one of the following provisions of the 1971 Act shall also be an offence if it takes place in a Control Zone in France—

(a) section 24A (1)(a) and (3)(1) (deception);

(b) section 25 (assisting unlawful immigration to member state), but as if subsections (4) and (5) were omitted;

(d) section 25A (helping asylum seeker to enter United Kingdom);

(e) section 25B (assisting entry to United Kingdom in breach of deportation or exclusion order)(2);

(f) section 26 (general offences in connection with administration of Act); and

(g) section 27(c) (offences by persons connected with ships or aircraft or with ports) but as if the words “or aircraft” and “or disembarkation” were omitted.

(2) An act or omission which constitutes an offence under the law of England and Wales if committed by a constable or an immigration officer in the exercise of his functions shall also be an offence if it takes place in a Control Zone in France by such an officer in the exercise of his functions.

(3) An act or omission which constitutes an offence under paragraph 4 (assaulting a detainee custody officer) or paragraph 5 (obstructing detainee custody officers) of Schedule 11 to the Immigration and Asylum Act 1999 shall also be an offence if it takes place in a Control Zone in France.

(4) An act or omission which constitutes an offence under paragraph 18 of Schedule 7 to the Terrorism Act 2000 shall also be an offence if it takes place in a Control Zone in France.

(5) A provision of the criminal law in force in England and Wales for the protection of constables or immigration officers, or their property (including property in their possession or control), shall apply also in a Control Zone in France.

(6) Summary proceedings for an offence committed in a Control Zone in France by virtue of this article and which is an offence triable summarily or triable either way may be taken, and the offence may for all incidental purposes be treated as having been committed, in the county of Kent or in the inner London area as defined in article 2(3) of the Justices of the Peace (Commission Areas) Order 1999(3).

(1)

Section 24A was inserted by section 28 of the Immigration and Asylum Act 1999.

(2)

Sections 25, 25A and 25B of the 1971 Act were substituted for section 25 of that Act by section 143 of the Nationality, Immigration and Asylum Act 2002.

(3)

S.I. 1999/3010.