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Nationality and Borders Act 2022
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Changes to legislation:
Nationality and Borders Act 2022, Section 38 is up to date with all changes known to be in force on or before 26 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 38:
- s. 54(6)(c) and word inserted by 2023 c. 37 s. 57(11)(b)
- s. 63(2A) inserted by 2023 c. 37 s. 29(3)
- s. 63(3)(fa)(fb) inserted by 2023 c. 37 s. 29(4)(b)
- s. 63(5A)(5B) inserted by 2023 c. 37 s. 29(5)
- s. 63(8) inserted by 2023 c. 37 s. 28(9)
- s. 65(8A) inserted by 2023 c. 37 s. 28(12)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 54(6)(c) and word inserted by 2023 c. 37 s. 57(11)(b)
- s. 63(2A) inserted by 2023 c. 37 s. 29(3)
- s. 63(3)(fa)(fb) inserted by 2023 c. 37 s. 29(4)(b)
- s. 63(5A)(5B) inserted by 2023 c. 37 s. 29(5)
- s. 63(8) inserted by 2023 c. 37 s. 28(9)
- s. 65(8A) inserted by 2023 c. 37 s. 28(12)
38Article 33(2): particularly serious crimeU.K.
This section has no associated Explanatory Notes
(1)Section 72 of the Nationality, Immigration and Asylum Act 2002 (serious criminal) is amended as follows.
(2)In subsection (1), for “protection” substitute “prohibition of expulsion or return”.
(3)In subsection (2)—
(a)in the words before paragraph (a)—
(i)for “shall be presumed to have been” substitute “is”;
(ii)omit “and to constitute a danger to the community of the United Kingdom”;
(b)in paragraph (b), for “two years” substitute “12 months”.
(4)In subsection (3)—
(a)in the words before paragraph (a)—
(i)for “shall be presumed to have been” substitute “is”;
(ii)omit “and to constitute a danger to the community of the United Kingdom”;
(b)in paragraph (b), for “two years” substitute “12 months”;
(c)in paragraph (c), for “two years” substitute “12 months”.
(5)In subsection (4), in the words before paragraph (a)—
(a)for “shall be presumed to have been” substitute “is”;
(b)omit “and to constitute a danger to the community of the United Kingdom”.
(6)After subsection (5) insert—
“(5A)A person convicted by a final judgment of a particularly serious crime (whether within or outside the United Kingdom) is to be presumed to constitute a danger to the community of the United Kingdom.”
(7)In subsection (6), for “(2), (3) or (4)” substitute “(5A)”.
(8)In subsection (7), for “(2), (3) or (4)” substitute “(5A)”.
(9)In subsection (8), for “mentioned in subsection (6)” substitute “under subsection (5A)”.
(10)In subsection (9)(b), for “presumptions under subsection (2), (3) or (4) apply” substitute “a presumption under subsection (5A) applies”.
(11)In subsection (10)(b), for “presumptions under subsections (2), (3) or (4) apply” substitute “a presumption under subsection (5A) applies”.
(12)In subsection (11)(b)—
(a)in the opening words, for “two years” substitute “12 months”;
(b)in sub-paragraph (ia), for “two years”, in both places it occurs, substitute “12 months”;
(c)in sub-paragraph (iii), for “two years” substitute “12 months”.
(13)The amendments made by this section apply only in relation to a person convicted on or after the date on which this section comes into force.
Commencement Information
I1S. 38 in force at 28.6.2022, see s. 87(5)(d)
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