C1C2C3 Part III Criminal Proceedings

Annotations:
Modifications etc. (not altering text)
C1

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

C2

Pt. III extended (Isle of Man) (with modifications) (13.3.2008 for certain purposes and 1.5.2008 otherwise) 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)

C3

Pt. III 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))

C4F125AC3 Helping asylum-seeker to enter United Kingdom

1

A person commits an offence if—

a

he knowingly and for gain facilitates the arrival F4or attempted arrival in F2, or the entry F5or attempted entry into, the United Kingdom of an individual, and

b

he knows or has reasonable cause to believe that the individual is an asylum-seeker.

2

In this section “asylum-seeker” means a person who intends to claim that to remove him from or require him to leave the United Kingdom would be contrary to the United Kingdom’s obligations under—

a

the Refugee Convention (within the meaning given by section 167(1) of the Immigration and Asylum Act 1999 (c. 33) (interpretation)), or

b

the Human Rights Convention (within the meaning given by that section).

3

Subsection (1) does not apply to anything done by a person acting on behalf of an organisation which—

a

aims to assist asylum-seekers, and

b

does not charge for its services.

4

F3Subsections (4) and (6) of section 25 apply for the purpose of the offence in subsection (1) of this section as they apply for the purpose of the offence in subsection (1) of that section.