Travel restriction orders Flashcards
Q: What is the law on travel restriction orders? What are they?
Criminal Justice and Police Act 2001- makes provision for courts to impose travel restrictions on offenders convicted of drug production, drug supply and trafficking offences.
These prohibit offenders from leaving the UK at any time during the period beginning from their release from custody, other than on bail or on temporary release for a fixed period, and up to the end of the order.
Q: Can offenders be required to surrender their passport under this order?
Offenders may be required to surrender their UK passport as part of the order. Failing to do so when required is a summary offence carrying 6 months imprisonment.
Q: What is the minimum and maximum for travel restriction orders?
The minimum period for a travel restriction order is 2 years. There is no maximum period proscribed so the courts have a discretion as to the length of the order.
Q: What if someone has been convicted of a drug trafficking offence?
Where a court has convicted a person of a drug trafficking offence and has been given a sentence of 4 years or more, it has a duty to consider whether a travel restriction order would be appropriate. If the court decides against imposing one, it must state the reasons why.
Q: What type of offence is leaving the UK when on a travel restriction order?
It is a triable either way offence carrying a maximum sentence of 5 years imprisonment on indictment to leave the UK whilst under a travel restriction ban.
