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Part IIIU.K. Criminal Proceedings

Modifications etc. (not altering text)

C1 Pt. 3 extended (Isle of Man) (with modifications) (13.3.2008 for specified purposes and 1.5.2008 in so far as not already in force) by The Immigration (Isle of Man) Order 2008 (S.I. 2008/680), arts. 1(2), 5, 6(2)(b), 7, Sch. 3, Sch. 10 Pt. 1 (with Sch. 2 para. 2) (as amended (14.3.2019) by S.I. 2019/562, arts. 1, 5, 11; and (31.12.2020) by The Immigration (Isle of Man) (Amendment) Order 2020 (S.I. 2020/1214), arts. 1, 6(4)(5); and (11.11.2021) by The Immigration (Isle of Man) (Amendment) Order 2021 (S.I. 2021/1277), arts. 1(2), 8)

C2Pt. 3 extended (with modifications) (1.8.1993) by S.I. 1993/1796, art. 3(1), Sch. 1 Pt. 1 (Guernsey), S.I. 1993/1797, art. 3(1), Sch. 1 Pt. 1 (Jersey) (as amended by S.I. 2003/1252, art. 3(b) and (17.10.2012) by S.I. 2012/2593, arts. 1, 2(2))

C3Pt. 3 modified by Immigration Act 2014 (c. 22), s. 33C(6) (as inserted (1.11.2016 for specified purposes, 1.12.2016 in so far as not already in force) by Immigration Act 2016 (c. 19), ss. 39(2), 94(1); S.I. 2016/1037, regs. 2(a), 5(c))

[F225 Assisting unlawful immigration to member State [F1or the United Kingdom] U.K.

(1)A person commits an offence if he—

(a)does an act which facilitates the commission of a breach [F3or attempted breach] of immigration law by an individual who is not [F4a national of the United Kingdom],

(b)knows or has reasonable cause for believing that the act facilitates the commission of a breach [F3or attempted breach] of immigration law by the individual, and

(c)knows or has reasonable cause for believing that the individual is not [F4a national of the United Kingdom].

(2)In subsection (1) “immigration law” means a law which has effect in a member State [F5or the United Kingdom] and which controls, in respect of some or all persons who are not nationals of the State [F6or, as the case may be, of the United Kingdom], entitlement to—

(a)enter the State [F7or the United Kingdom],

(b)transit across the State [F8or the United Kingdom], or

(c)be in the State [F9or the United Kingdom].

[F10(2A)In subsections (1) and (2), “national of the United Kingdom” means—

(a)a British citizen;

(b)a person who is a British subject by virtue of Part 4 of the British Nationality Act 1981 and who has the right of abode in the United Kingdom; or

(b)a person who is a British overseas territories citizen by virtue of a connection with Gibraltar.]

(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.

[F11(4)Subsection (1) applies to things done whether inside or outside the United Kingdom.]

(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.]

[F12(7)In this section—

(a)a reference to a member State includes a reference to [F13Norway or Iceland], F14...

F14(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Textual Amendments

F2Ss. 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.

F3Words in s. 25(1)(a)(b) inserted (31.5.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 14 para. 2; S.I. 2016/603, reg. 2(d)

F11S. 25(4) substituted for s. 25(4)(5) (31.1.2008) by UK Borders Act 2007 (c. 30), ss. 30(1), 59; S.I. 2008/99, art. 2(l)

Modifications etc. (not altering text)

C4Ss. 24-29: amendment to earlier affecting S.I. 1993/1797, Sch. 1 Pt. 1 (11.10.2017 coming into force in accordance with art. 1) by The Immigration (Jersey) (Amendment) Order 2017 (S.I. 2017/981), Sch. Pt. 1 para. 1 (with art. 6)