Immigration Iffences and People Exploitation

Question 1

In relation to section 24 of the immigration act who is it specific to

Answer 1

Non-British Citizens

Question 2

What is specific about section 24 of the immigration act

Answer 2

The person must have entered the UK illegally

Question 3

At what point does a person commit the offence of section 24a of the immigration act

Answer 3

The day they enter the UK

Question 4

Does a person have to knowingly breach section 24

Answer 4

Yes

Question 5

In relation to prove section 24b of the immigration ac overstaying - What must you prove

Answer 5

That the person knowingly overstayed, ie they knew they were in breach of an order.

Question 6

Is a defective passport stamp (ie the date is not clear) a defence for overstaying

Answer 6

No

Question 7

Can you commit section 24b of the immigration act if you breach conditions

Answer 7

Yep

Question 8

What must you prove in relation to section 24b and the breach of conditions -

Answer 8

That the person had been informed in writing of the conditions and had knowledge that they had breached their conditions.

Question 9

Are seaman, aircrew in breach of illegal entry

Answer 9

No special provisions apply.

Question 10

In relation to section 24 who bears the burden of proof. I

Answer 10

If the prosecution bring the case within 6 months of the date of entry - Then the burden of proof is on the accused to show that he or she entered the UK legally.

Question 11

What are the time limits on section 24 which is a summary offence?

Answer 11

Within 6 months (normal)
Or within 3 years of the commision of the offence and not more than two months after the date certified by a Police officer about the rank of Cheif Superintendent of which they agreed the evidence was sufficient.

Question 12

Under section 24A it states that using deception to enter the UK can be an offence. Can this be used on asylum seekers?

Answer 12

Yes - failed asylum seekers using false details have been prosecuted.

Question 13

Who has a defence under section 24A

Answer 13

Refugees who have entered and then presented themselves without delay and made a claim for asylum as soon as was reasonably practicable after their arrival.

Question 14

Section 25 provides an offence of assisting someone breach immigration law - What constitutes a breach

Answer 14

Assisting someone entering/ leaving/driving them away from a drop off point.

Sham marriages - So getting married to someone so they can remain

Question 15

If A entered the UK on immigration papers B created and I believed them to be real but B new them to be false - Has A and B committed the offence.

Answer 15

Just B

Question 16

Can a person use the defence that they were facilitating a refugee to enter the country.

Answer 16

No

Question 17

Helping an Asylum seeker to enter the UK is an offence. What is specific to commit that offence

Answer 17

The person must assist an Asylum seeker to enter the UK for gain and know they are an Asylum seeker.

Question 18

It is an offence to assist someone to enter the UK who is in breach of a deportation order - Who does this offence refer to

Answer 18

Persons who assisted citizens of a European Union who have been excluded from the UK by a deportation order.

Question 19

In breaches of the immigration offence section 25, 25A and 25B the Police have a power of seizure fro vehicles - What must they do to activate that procedure

Answer 19

Believe that the vehicle was used or intended to be used in carrying out the arrangements

Question 20

Whose vehicles can be seized under the immigration offence

Answer 20

Owner / driver / Captain

Question 21

There is an offence of Entering the UK without Passport etc - Who does this offence refer to

Answer 21

Persons entering the UK without documentation in order to claim Asylum and doe not have their documentation with them at the Asylum interview.

Question 22

When does the person commit the offence of Entering the UK without Passport etc

Answer 22

If before entering they fail to show the passport of themselves or children to an immigration officer on request

Question 23

When does the person commit the offence of Entering the UK without Passport etc if they have entered the UK

Answer 23

If they fail to provide it within 3 days of request (day of the interview)