Part 2Prevention and investigation measures
Enforcement
I156Offence
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).