Section 24: Illegal entry and similar offences., Immigration Act 1971

A person who knowingly enters the United Kingdom in breach of a deportation order commits an offence.

A person who—

requires leave to enter the United Kingdom under this Act, and

knowingly enters the United Kingdom without such leave,

commits an offence.

A person who—

has only a limited leave to enter or remain in the United Kingdom, and

knowingly remains beyond the time limited by the leave,

commits an offence.

A person who—

requires entry clearance under the immigration rules, and

knowingly arrives in the United Kingdom without a valid entry clearance,

commits an offence.

A person who—

is required under immigration rules not to travel to the United Kingdom without an ETA that is valid for the person's journey to the United Kingdom, and

knowingly arrives in the United Kingdom without such an ETA,

commits an offence.

A person commits an offence under this subsection if—

the person commits an offence under subsection (A1), (B1), (D1) or (E1),

the person's journey which resulted in their entry into, or arrival in, the United Kingdom as mentioned in subsection (A1), (B1), (D1) or (E1) (as the case may be) was a journey by water from France, Belgium or the Netherlands, and

at any time during the relevant period, the person did an act that caused, or created a risk of, the death of, or serious personal injury to, another person.

For the purposes of subsection (E1A)(c) and this subsection—

"personal injury" means physical or psychological injury;

"the relevant period" means the period—

beginning when the person first left dry land in France, Belgium or the Netherlands for the purpose of making the journey, and

ending when the person first reached dry land in the United Kingdom;

land is to be regarded as "dry land" at any particular time if it is not covered by water at that time.

A person who commits an offence under any of subsections (A1) to (E1A) is liable—

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

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

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

on conviction on indictment—

for an offence under subsection (A1), to imprisonment for a term not exceeding five years or a fine (or both);

for an offence under any of subsections (B1) to (E1), to imprisonment for a term not exceeding four years or a fine (or both);

for an offence under subsection (E1A) committed in connection with an offence under subsection (A1), to imprisonment for a term not exceeding six years or a fine (or both);

for an offence under subsection (E1A) committed in connection with an offence under subsection (B1), (D1) or (E1), to imprisonment for a term not exceeding five years or a fine (or both).

In relation to an offence committed before paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 comes into force, the reference in subsection (F1)(a) to the general limit in a magistrates' court is to be read as a reference to six months.

A person who is not a British citizen shall be guilty of an offence punishable on summary conviction with a fine of not more than level 5on the standard scale or with imprisonment for not more than six months, or with both, in any of the following cases:—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

if, having only a limited leave to enter or remain in the United Kingdom, he knowingly fails to observe a condition of the leave;

if, having lawfully entered the United Kingdom without leave by virtue of section 8(1) above, he remains without leave beyond the time allowed by section 8(1);

if, without reasonable excuse, he fails to comply with any requirement imposed on him under Schedule 2 to this Act to report to a medical officer of healththe chief administrative medical officer of a Health Board or the chief administrative medical officer of a Health and Social Services Board Director of Public Health for Northern Ireland, or to attend, or submit to a test or examination, as required by such an officer;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

if he disembarks in the United Kingdom from a ship or aircraft after being placed on board under Schedule 2 or 3 to this Act with a view to his removal from the United Kingdom;

if he embarks in contravention of a restriction imposed by or under an Order in Council under section 3(7) of this Act ;

if the person is on immigration bail within the meaning of Schedule 10 to the Immigration Act 2016 and, without reasonable excuse, the person breaches a bail condition within the meaning of that Schedule.

A person commits an offence under subsection (C1) above on the day when he first knows that the time limited by his leave has expired and continues to commit it throughout any period during which he is in the United Kingdom thereafter; but a person shall not be prosecuted under that provision more than once in respect of the same limited leave.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The extended time limit for prosecutions which is provided for by section 28(1) below shall apply to offences under subsections (A1), (B1), (D1), (E1) , (E1A) and (1)(c) above.

The extended time limit for prosecutions which is provided for by section 28(1A) below shall apply to offences under subsection (1)(h) above.

In proceedings for an offence under subsection (B1) or (E1A) in relation to entering the United Kingdom without leave,—

any stamp purporting to have been imprinted on a passport or other travel document by an immigration officer on a particular date for the purpose of giving leave shall be presumed to have been duly so imprinted, unless the contrary is proved;

proof that a person had leave to enter the United Kingdom shall lie on the defence ....

In proceedings for an offence under subsection (D1) or (E1A) in relation to arriving in the United Kingdom without a valid entry clearance—

any document attached to a passport or other travel document purporting to have been issued by the Secretary of State for the purposes of providing evidence of entry clearance for a particular period is to be presumed to have been duly so issued unless the contrary is proved;

proof that a person had a valid entry clearance is to lie on the defence.

Subsection (E1A) applies to acts carried out inside or outside the United Kingdom.

If, on the trial of a person charged with an offence under subsection (E1A) in connection with the commission of an offence under subsection (A1), (B1), (D1) or (E1), a magistrates' court, sheriff or jury finds the person not guilty of the offence charged, the magistrates' court, sheriff or jury may find the person guilty of an offence under subsection (A1), (B1), (D1) or (E1) as the case may be.

Section 24: Illegal entry and similar offences.

Discussed in

About this text