SCHEDULES
C1SCHEDULE 3Border security
PART 1Powers
Offences
I123
1
A person commits an offence if the person—
a
wilfully fails to comply with a duty imposed under or by virtue of this Part of this Schedule, or
b
wilfully obstructs, or seeks to frustrate, a search or examination under or by virtue of this Part of this Schedule.
2
A person guilty of an offence under this paragraph is liable—
a
on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, or to a fine not exceeding level 4 on the standard scale, or to both;
b
on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding 3 months, or to a fine not exceeding level 4 on the standard scale, or to both.
3
In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the reference in sub-paragraph (2)(a) to 51 weeks is to be read as a reference to 3 months.
4
Proceedings for an offence under this paragraph are not to be started—
a
in England and Wales, except with the consent of the Director of Public Prosecutions;
b
in Northern Ireland, except with the consent of the Director of Public Prosecutions for Northern Ireland.
5
But if it appears to the Director of Public Prosecutions or the Director of Public Prosecutions for Northern Ireland that an offence under this paragraph has been committed for a purpose wholly or partly connected with the affairs of a country other than the United Kingdom, consent may be given for the purposes of this paragraph only with the permission—
a
in the case of the Director of Public Prosecutions, of the Attorney General, and
b
in the case of the Director of Public Prosecutions for Northern Ireland, of the Advocate General for Northern Ireland.
Sch. 3 modified by Channel Tunnel (International Arrangements) Order 1993 (S.I. 1993/1813), Sch. 4 para. 7 (as inserted (12.2.2019 for specified purposes) by Counter-Terrorism and Border Security Act 2019 (c. 3), s. 27(1)(g)(2)(c), Sch. 3 para. 63(1) (with s. 25(9), Sch. 3 para. 63(2)))