National Security Act 2023

Enforcement

56 Offence

(1) An individual commits an offence if—

(a) a Part 2 notice is in force in relation to the individual, and

(b) the individual contravenes without reasonable excuse any measure specified in the notice.

(2) Where an individual—

(a) is subject to a measure specified under paragraph 2 of Schedule 7 (a “travel measure”), and

(b) leaves the United Kingdom or travels outside the United Kingdom,

subsection (1)(b) has effect, in relation to that act, with the omission of the words “without reasonable excuse”.

(3) If the individual has the permission of the Secretary of State by virtue of Schedule 7 for an act which would, without that permission, contravene a measure specified in the Part 2 notice, the individual contravenes that measure by virtue of that act if the act is not in accordance with the terms of the permission.

(4) An individual who commits an offence under subsection (1) is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 5 years or to a fine (or both);

(b) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or to a fine (or both);

(c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum (or both);

(d) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum (or both).

(5) Where an individual commits an offence under subsection (1) by contravening a travel measure, subsection (4)(a) has effect as if “10 years” were substituted for “5 years”.

(6) Where an individual is convicted by or before a court of an offence under subsection (1), it is not open to that court to make in respect of the offence—

(a) an order under section 80 of the Sentencing Code (conditional discharge),

(b) an order under section 227A of the Criminal Procedure (Scotland) Act 1995 (community payback orders), or

(c) an order under Article 4(1)(b) of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) (conditional discharge).

57 Powers of entry etc

Schedule 11 makes provision about powers of entry, search, seizure and retention.

58 Fingerprints and samples

Schedule 12 makes provision about fingerprints and samples.