Lecture 31 UK Prosecution of Foreign National Offenders Flashcards
What is a Foreign National Offender?
“A person known or suspected to be involved in criminality who cannot be confirmed as a British Citizen from birth.”
Immigration Enforcement Command and Control Unit (IE NCCU)?
There is a 24/7 hotline - live time advice, year-round SPOC for immigration inquiries for EEA and non-EEA nationals, available to police officers who encounter foreign nationals who cannot provide evidence of their Immigration Status.
The number to ring is 03000134999 or email
Confirming a person’s Identity?
❖ Identity documents are used as proof of identity, nationality, status and employment in the UK. There are thousands of fraudulent identity documents in circulation. Help is available in the form of a guidance document from the Home Office.
❖ By using PRADO - Public Register of Authentic Travel and Identity Documents Online
❖ By contacting Home Office National Fraud Unit – NDFUDutyofficer@homeoffice.gsi.gov.uk
❖ You need to conduct a #PE check on the PNC to check against the lost/stolen documents database.
Mandatory Requirements?
- Full Name - First & Surname
- Date of Birth
- Gender
- Town of Birth
- Country of Birth
- Parents’ name
- Passport/ID Card Number
- Address (lKA - abroad)
- ID Number – PNC/CRO
Custody Procedure?
- Ensure the subjects fingerprints are checked on Live scan
- Once a Live scan check is complete, for real-time immigration status checks on all
foreign nationals in custody, contact IE NCCU - Obtain and seize any identity documents
- Ensure that a request for previous foreign convictions is completed via ACRO
- Conduct INTERPOL I-24/7 check
- Consider an INTERPOL check via the National Crime Agency
At Case Disposal Stage: - Consider whether a foreign national offender conditional caution is appropriate
If Charged: - Serve an IM3 immigration deportation liability notice at the point of charge
Out of custody encounters persons not under arrest?
When you deal with in the street, Report on Summons, Stop Search, Voluntary Attending for Interview, CONNECT victim/witnesses.
1. Ensure you confirm the identity of the individual
2. Check documents are real, send copies to IOM SPOC
3. Confirm their live time immigration status by contact the National
Command and Control Unit or email for non-urgent investigative requests
4. Obtain any previous offending history with an ACRO Check
What are three UK Borders Act 2007 that we need to know?
- Section 44 - Search for evidence of Nationality on premises
- Section 46 – Power to seize Nationality Documents
- Section 45 – Application for a warrant to search premises – MUST have RGB
Whats Automatic Deportation Order?
All Foreign Nationals who have received –
➢ Custodial sentence of 4 years or more regardless of age of sentence or
➢ Custodial sentence of 12 months up to 4 years within last 10 years or
➢ 3 Custodial sentences of any length in last 3 years or
➢ ALL Sexual Offences resulting in a Custodial sentence – regardless of length of sentence/age of sentence (applies to foreign convictions)
RECEIVE - Lifetime Ban on return to UK (are flagged on PNC and Borders systems)
Whats a Administrative Removal?
Invoked when criteria for Deportation Order not met; assessed by HO Immigration (not fulfilling Treaty Rights) and are becoming a burden upon the economy
• Only applies to Europe
• 12-Month Ban on returning to UK
Failure to comply with treaty rights?
- Immigration ICE Team can issue a “Minded to Remove Notice” - 10-days to appeal process
- 19-days to get UK affairs in order, reporting requirements to ensure compliance
- If subject disappears during this period, WM placed on PNC
Embedded Immigration Officers in Police Stations?
Operation Collaboration
• There is an Immigration officer based at Shepcote Lane Police Station and a further officer at Rotherham Main Street police station working with a seconded police officer. They deal with the following;
• EU Nationals who pass through custody for low level crime and who are not exercising treaty rights.
• EU Rough sleepers.
• High Harm Foreign Nationals offenders.
• EU Nationals who have previous offences abroad confirmed through ACRO checks.
Any joint working operations in relation to Non-UK nationals committing serious or persistent low level offences can be requested by to
Craig.shipman@southyorks.pnn.police.uk
Sean.creighton@southyorks.pnn.police.uk
Enforcement/ ICE teams (Immigration, Compliance and Enforcement)?
(Based in Sheffield Vulcan House)
• Conduct visits to residential and business premises based on Intelligence to locate Immigration Offenders.
• Immigration Officers have the power to arrest Immigration Offenders and transport offenders to police stations where they will be served the appropriate paperwork and either detained pending removal or released pending documentation for removal/further applications.
• ICE officers serve referral notices on employers who have been found to employ illegal workers.
Immigration Intelligence?
Intelligence Team (Based in Sheffield Vulcan House)
• Deal with incoming intelligence regarding Immigration Offending – research, investigate and produce products/packages for ICE (Enforcement) & Crime teams.
• Conduct Field Intelligence Visits – To develop or pro-actively generate Intelligence by conducting visits to residential premises, businesses & stakeholders to support priority work.
• Campaign running – To gather Intelligence on specific sectors in order to close Intelligence gaps and identify “hidden” Immigration offending. e.g Operation MAGNIFY (illegal working)
• Multi-agency working to build and maintain effective data sharing to tackle abuse.
Referrals or request for advise can be made about any Immigration Offending and Crime to YHIntel@homeoffice.gsi.gov.uk or by telephone on 01142072123.
Immigration Teams In SYP?
Immigration Crime Teams
Immigration Officers have the power to arrest persons suspected of Immigration Crime.
• They are part of Immigration Enforcement and investigate and disrupt organised criminal networks who are seeking to undermine immigration controls at the border and inland. This team is made solely of Immigration Officers (IOs).
• The current strategic priorities of the team are;-
▪ Human Trafficking
▪ OCG’s involved in the illegal immigration to the UK by air, land or sea
▪ OCG’s involved in clandestine people smuggling into the UK
▪ Sham marriages/fraudulent visa applications
▪ Production of/supply of false travel documents.
Any referrals or advice on Organised Immigration Crime can be made by contacting Chief Immigration Officers Lee Pickford and Andrew Bishop by email on
lee.pickford@homeoffice.gsi.gov.uk, Andrew.bishop2@homeoffcie.gsi.gov.uk .
