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Immigration Act 1971 Flashcards

1
Q

Immigration Act 1971

S. 24

A

Illegal Entry

Summarily - 6 Months

A person who is not a British citizen commits an offence when he.

(a) Enters in breach of a deportation order

(B) Remains beyond the permitted time

(D) fails to report for medical

Offence requires actual entry.

D must KNOWINGLY be in breach.

Special measures for seamen and aircrew
Seamen - depart on the same ship arrived on.
Aircrew - leave within 7 days

Burden of proof on the accused to show legal entry.

Can attempt

I

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2
Q

Immigration Act 1971

S. 24A

A

Use of Deception to Enter

Either Way

2 Years Imprisonment on indictment
6 months/fine summarily

Deception must be material ie: significant

Deception must be by asylum seeker/immigrant
NON British Citizen
Seeking to enter as well as entering
Control Zone in France and Belgium 
Defence:
Refugee who presents without delay
Has good cause 
Makes claim for asylum ASAP.

Can attempt

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3
Q

Immigration Act 1971

S. 24B

A

Illegal Working

Summarily only 6months/fine

Disqualified from working AND they are aware.

EXCEPTION
Army, Navy, Airforce of the crown
Reserves

Can’t be attempted

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4
Q

Immigration Act 1971

S. 25

A

Assisting Unlawful Immigration to Member State

Either Way
6 Months/fine Summarily
14 Years on indictment

Does an act which facilitates breach of immigration law by non EU citizen.

EU includes Norway and Iceland

Defendant must know or have reasonable cause to believe law will be breached.

Asylum seeker must also be aware of the deception.

Accused cannot rely on refugee convention.

Secretary of State can make other states member states.

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5
Q

Immigration Act 1971

25A

A

Helping Asylum Seeker to enter UK

Either way:
6 Months/fine summarily
14 Years on indictment

Facilitates entry FOR GAIN of asylum seeker.

Knew or had RCB that they intended to claim asylum.

Assisting asylum seeker without gain - Not an offence.

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6
Q

Immigration Act 1971

25 B

A

Assisting Entry to UK in Breach of Deportation Order

Assist an individual to enter, arrive or remain or ATTEMPT to in breach of deportation order.

Either way
6months/fine summarily
14 Years on indictment.

ONLY when the person being assisted is Citizen of EU

Defendant knew or had RCB that an order exists and will be breached by their actions.

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7
Q

Immigration Act 1971

26 (1)(g)

A

Obstruction of an Immigration Officer

Summarily 6 Months/fine

Obstructs an Immigration Officer or any other person acting lawfully in the exec urio next of this act.

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8
Q

Immigration Act 1971

S. 28A

A

Arrest Without Warrant

An Immigraton Officer may arrest without warrant any individual who has committed or attempted to commit (or he has RGB) an offence under sections 24, 24A.

‘Attempted to commit’ is not sufficient for
24B, 25, 25A, 25B

EXCEPT 24(1)(d) failing to report to a medical officer - this requires a warrant.

Also 26(1)(g) has committed, attempted to commit or IS COMMITTING.

Also for 26 if IO has RGS
a false address or name has been supplied
There is a risk of physical harm to person or property.

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9
Q

Immigration Act 1971

28AA

A

Arrest With Warrant

For 24(1)(d) failing to turn up for a medical justice of the peace may issue warrant.

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10
Q

Immigration Act 1971

28B

A

Search and Arrest by Warrant

JOP or Sheriff issues Warrant

Offences are IA 1971 s.24 (all) and IA 2004 s.2 and 35

IO may conduct search for suspect on any premises, if necessary by force.

Premises includes any vessel, aircraft, hovercraft, offshore installation, renewable energy installation, tent or moveable structure.

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11
Q

Immigration Act 1971

S. 28C

A

Search and Arrest Without Warrant

Search Premises for suspect.

RGB suspect is on the premises.

Using force to enter is not permitted.

Must show ID.

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12
Q

Immigration Act 1971

28CA

A

Business premises: Entry to Arrest

For offences covered under IA 1971 s.24

RGB suspect is on the premises.
SOS must Authorise IO.
CHIEF SUPER MUST AUTHORISE CONSTABLE
ID must be shown.

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13
Q

Immigration Act 1971

S. 28D

A

Entry and Search of Premises

Search for Material

Material must be relevant.

RGB that material is relevant and not legally privileged.

JOP issues Warrant

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14
Q

Immigration Act 1971

S. 28E

A

Power to search any location of an arrested person.

IO may search any premises:
In which the person was arrested
In which they were immediately before arrest

RGB There is relevant evidence on the premises.

May search only as far as is reasonable to find the evidence.

As per 32 PACE.

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15
Q

Immigration Act 1971

S.28F

A

Power to search any premises under control of the arrested person.

FOR OFFENCES RELATING TO 25, 25A OR 25B

RGS relevant evidence on the premises.

Reasonably required to obtain the evidence.

Sub. 2 Chief Immigration Officer must authorise in writing.

Sub. 3 No Authorisation needed if IO is in the presence of the suspect other than at a place where he is to be detained.

As per s.18 PACE

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16
Q

Immigration Act 1971

28FA

A

Search for Personnel Records Warrant Unnecessary

Applies when a person has been arrested for 24/24a/24b or RGB to believe a person will be arrested for these offences.

Can seize and retain employee records

ID must be shown if premises occupied.

17
Q

Immigration Act 1971

S.28FB

A

Search for Personnel Records With Warrant

JOP is satisfied that there are RGB that:

An employer has provided inaccurate or incomplete information.

Employee records other than legally privileged items will be found on the premises.

Conditions:

Not practicable to communicate with the person entitled to grant access to either premises or records.

Entry will be refused without a warrant.

Purpose of search may be seriously frustrated

18
Q

Immigration Act 1971

S. 28G

A

Searching Arrested Persons

Applies at locations other than a police station.

An IO may search an arrested person for: Anything that might assist his escape from custody.
or evidence relating to the arrest.
Anything that might harm himself or others.

19
Q

Immigration Act 1971

S. 28H

A

Searching persons in Police Custody

For searching persons in police custody anywhere.

Can search for anything that might cause physical damage to himself others or property,
Interfere with evidence or assist with his escape.

Anything relevant can be seized. The person must be told the reason unless they are violent or incapable of understanding.

Same sex, not intimate.

SPE (11 decks)

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