SCHEDULE 1
Article 3
Extension and modification
of the Immigration Act 1971
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Column 1
Provision
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Column 2
Modification
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Part I: heading
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For “UNITED KINGDOM” substitute “JERSEY”.
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Section 1: heading
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(No modification)
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Section 1
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In subsections (1) and (2) for “the United Kingdom” in each place
substitute “Jersey”.
In subsection (3) –
(a) for “the United Kingdom on a local journey from or to any of
the Islands (that is to say, the Channel Islands and Isle of Man)” substitute
“Jersey on a local journey from or to the United Kingdom, Guernsey, the Isle
of Man”;
(b) for “the United Kingdom” in both remaining places substitute
“Jersey”.
In subsection (4) –
(a) for “Secretary of State” substitute “Minister”;
(b) for “the United Kingdom” in both places substitute “Jersey”.
After subsection (4) insert subsections (5) and (6) set out in
Schedule 1A.
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Section 2: heading
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For “United Kingdom”
substitute “Jersey”.
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Section 2 as substituted
by the 1981 Act s. 39(2) and amended by the 1988 Act s. 3(3)
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For “the United Kingdom”
in each place substitute “Jersey”.
In subsection (2) for “and
section 5(2)” substitute “, section 5(2) and section 25”.
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Section 2A: heading
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(No modification)
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Section 2A as inserted by
the 2006 Act s.57(1)
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For “Secretary of State”
in each place substitute “Minister”.
For “the United Kingdom”
in both places substitute “Jersey”.
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Section 3: heading
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(No modification)
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Section
3 as amended by the 1981 Act s. 39(6), Schedule 4 paragraphs 2 and 4; the
1988 Act Schedule 1 paragraph 1; the 1996 Act Schedule 2 paragraph 1(1); the
1999 Act Schedule 14 paragraph 44(1) and (2); the British Overseas
Territories Act 2002 s.2(3); the 2006 Act s.30; the 2007 Act s.16 and
Schedule 1 paragraph 1; the 2009 Act s.50(1); and the 2016 Act s.34(2)
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In subsection (1) –
(a) for “the United Kingdom” in both places substitute “Jersey”;
(b) for “Secretary of State” substitute “Minister”.
In subsection (2) –
(a) for “Secretary of State” substitute “Minister”;
(b) for “lay before Parliament” substitute “present to the
States”;
(c) for “in the United Kingdom” substitute “in Jersey”;
(d) for the words from “If a statement laid before” to the end
substitute:
“If a statement presented to the States under this subsection is
disapproved by resolution passed at the sitting at which it is so presented
or at the next following sitting of the States then the Minister shall make
changes or further changes in the rules as appear to him to be required in
the circumstances and the statement of those changes shall be presented to
the States as soon as practicable after the said resolution was passed.”.
In subsections (3), (4), (5), (6) and (7) for “the United Kingdom”
in each place substitute “Jersey”.
In subsection (5) for “Secretary of State” substitute “Minister”.
In subsection (7) omit the words from “Any Order in Council under”
to the end.
For subsection (9) substitute subsection (9) set out in Schedule
1A.
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Section 3ZA: heading
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(No modification)
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Section 3ZA as inserted by
the 2020 Act s.2(2)
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For “the United Kingdom”
in each place substitute “Jersey”.
For “Secretary of State”
in both places substitute “Minister”.
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Section 3A: heading
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(No modification)
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Section 3A as inserted by
the 1999 Act s.1
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For “Secretary of State”
in each place substitute “Minister”.
For “the United Kingdom”
in each place substitute “Jersey”.
For “order” in each place
substitute “Order”.
Omit subsection (12).
Omit subsection (13).
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Section 3B: heading
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(No modification)
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Section 3B as inserted by
as inserted by the 1999 Act s.2
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For “Secretary of State”
in both places substitute “Minister”.
For “order” in each place
substitute “Order”.
For “the United Kingdom”
in both places substitute “Jersey”.
Omit subsections (5) and
(6).
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Section 3C: heading
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(No modification)
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Section 3C as substituted
by the 2002 Act s.118; and amended by the 2006 Act s.11(2), (3) & (4),
the 2014 Act Schedule 9 paragraph 21(2) & (3) and the 2016 Act s. 62(1)
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For “the United Kingdom”
in each place substitute “Jersey”.
In subsection (1)(a) for
“Secretary of State” substitute “Minister”.
For subsection (2)
substitute subsection (2) set out in Schedule 1A.
For subsection (6)
substitute subsection (6) set out in Schedule 1A.
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Section 4: heading
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(No modification)
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Section 4 as amended by
the 1981 Act Schedule 4 paragraph 2; the 1999 Act Schedule 14 paragraph 45;
and the 2016 Act s.62(2)
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For subsections (1) to (4)
substitute subsections (1) to (4) set out in Schedule 1A.
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Section 5: heading
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(No modification)
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Section 5 as amended by
the 1981 Act Schedule 4 paragraph 2; the 1996 Act Schedule 2 paragraph 2; and
the 1988 Act s. 10 Schedule 1, paragraph 2
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For “Secretary of State”
in each place substitute “Minister”.
For “the United Kingdom”
in each place substitute “Jersey”.
In subsection (4) –
(a) in sub-paragraph (a)
after “his wife” insert “or civil partner”,
(b) in sub-paragraph (b)
after “her husband” insert “or civil partner”.
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Section 6: heading
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(No modification)
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Section 6 as amended by
the 1981 Act Schedule 4 paragraph 2; the Criminal Justice Act 1982, s. 77 and
s. 78, Schedule 15 paragraph 15 and Schedule 16
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In subsection (1) omit all
the words after “by another court”.
In subsection (2) for all
the words after “but the powers of” substitute “a court to adjourn shall
include power to adjourn, after convicting an offender, for the purpose of
enabling a notice to be given to him under this subsection or, if a notice
was so given to him less than seven days previously, for the purpose of
enabling the necessary seven days to elapse.”
In subsection (5) for all
the words after “conviction on which it is made;” substitute “but the
recommendation shall be treated as a sentence for the purpose of any
enactment providing an appeal against sentence.”
In subsection (6) omit all
the words after “the time for bringing that appeal”.
Omit subsection (7).
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Section 7: heading
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(No modification)
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Section 7 as amended by
the 2002 Act s.75 and Schedule 9 paragraph 1
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In subsection (1) –
(a) for “was then
ordinarily resident in the United Kingdom” substitute “was then ordinarily
resident in Jersey”;
(b) for “the Secretary of
State’s” substitute “the Minister’s”;
(c) re-designate
sub-paragraphs (b) and (c) as sub-paragraphs (a) and (b).
In subsection (3) for
“subsection (1)(b) or (c) above” substitute “subsection (1)(a) or (b) above”.
In subsection (4) for all
the words after “In paragraph (c)(ii) above” substitute “ “relevant
enactment” means the Criminal Procedure (Jersey) Rules 2021 and any similar enactment which is for the time being or has
(before or after the passing of this Act) been in force in any part of the
United Kingdom and Islands.”
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Section 8: heading
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(No modification)
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Section 8 as amended by
the 1981 Act s. 39(4) and Schedule 4 paragraphs 2 and 5; the 1988 Act s. 4;
the 1999 Act s. 6; the 2016 Act s.76(1)
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For “the United Kingdom”
in each place substitute “Jersey”.
For subsection (2)
substitute subsection (2) set out in Schedule 1A.
In subsection (3) –
(a) for “(within the
meaning of the Diplomatic Privileges Act 1964)” substitute “(within the
meaning of the Privileges and Immunities (Diplomatic, Consular, etc.) (Jersey)
Law 1998)”;
(b) for “that Act”
substitute “that Law”.
In subsection (3A) for
“(as defined by the 1964 Act)” substitute “(as defined by the 1998 Law)”.
In subsection (4) for all
the words after “apply to any person” substitute “who falls within Article
3(3) of the Armed Forces (Offences and Jurisdiction) (Jersey) Law 2017”.
In subsection (5) for “or
by any order” substitute “or ordered”.
In subsection (5A) for “An
order” substitute “An exemption ordered”.
Omit subsection (6).
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Section 8A: heading
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(No modification)
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Section 8A as inserted by
the 1999 Act s.7; and amended by the 2016 Act s.76(2)
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For “the United Kingdom”
in each place substitute “Jersey”.
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Section 8B: heading (as
amended by the 2018 Act)
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For “the United Kingdom”
substitute “Jersey”.
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Section 8B as inserted by
the 1999 Act s.8; and amended by the 2016 Act s.76(4), (5), (7), (8) and (9);
and the 2018 Act Schedule 3(1) paragraph 1(2), (3), (4) and (5)
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For “the United Kingdom”
in each place substitute “Jersey”.
In subsection (4) for
paragraph (b) substitute paragraph (b) set out in Schedule 1A.
In subsection (5) omit “or
an instrument made by the Council of the European Union”.
After subsection (5)
insert subsection (A5) set out in Schedule 1A.
In subsection (5A)(a) for
“United Kingdom’s obligations ” substitute “ obligations by which Jersey is
bound”.
In subsection (5B) for
“section 15(4) of the Sanctions and Anti-Money Laundering Act 2018 (power to
create exceptions)” substitute “a provision falling within subsection (A5)”.
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Section 9: heading
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(No modification)
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Section 9 as amended by
the 1981 Act Schedule 4, paragraph 2 and Schedule 9; and the 2020 Act s.2(3)
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For subsection (1)
substitute subsection (1) set out in Schedule 1A.
In subsection (2) –
(a) for “the United
Kingdom” in each place substitute “Jersey”;
(b) in paragraph (a) for
“any of the Islands”
substitute “the United Kingdom, Guernsey or the Isle of Man”;
(c) for “register with the
police or both, as may be imposed by an order of the Secretary of State”
substitute “register as provided under section 4(3) above or both, as may be
imposed by an Order of the Minister”.
In subsection (3) –
(a) for “order” in both
places substitute “Order”;
(b) for “the United
Kingdom” substitute “Jersey”;
In subsection (4) –
(a) for “the United
Kingdom” in each place substitute “Jersey”;
(b) omit “written”;
(c) for “Secretary of
State” substitute “Minister”;
(d) omit “as being in the
interests of national security”.
For subsection (5)
substitute subsection (5) set out in Schedule 1A.
In subsection (6) –
(a) for “Secretary of
State shall also have power by order” substitute “Minister shall also have
power by Order”;
(b) for “the order”
substitute “the Order”.
Omit subsection (7).
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Section 11: heading
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(No modification)
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Section 11 as amended by
the 2002 Act s.62(8)
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For “the United Kingdom”
in each place substitute “Jersey”.
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Part III: heading
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(No modification)
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Section 24: heading
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(No modification)
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Section 24 as amended by
the 1981 Act Schedule 4 paragraph 2; the 1982 Act 1982 s. 38; the 1988 Act s.
6(1), (2) and (3); the 1996 Act s.6(a); the 1999 Act Schedule 14, paragraph
50.
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In subsection (1) –
(a) for the words
“punishable on summary conviction with a fine of not more than level 5 on the
standard scale” substitute “punishable with a fine of not more than level 3
on the standard scale”;
(b) for “the United
Kingdom” in each place substitute “Jersey”;
(c) omit paragraph (h).
In subsection (1A) for
“the United Kingdom” substitute “Jersey”.
Omit subsection (3).
In subsection (4) for “the
United Kingdom” in both places substitute “Jersey”.
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Section 24A: heading
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(No modification)
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Section 24A as inserted by
the 1999 Act s. 28; and amended by the 2002 Act Schedule 9 paragraph 1
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For “the United Kingdom”
in each place substitute “Jersey”.
For subsection (3)
substitute subsection (3) set out in Schedule 1A.
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Section 25: heading
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Omit “to member State”
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Section 25 as substituted
by the 2002 Act s.143; and amended by the 2004 Act s.1(1); the 2007 Act
s.30(1); and the 2016 Act Schedule 14 paragraph 2
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For section 25 substitute
section 25 set out in Schedule 1A
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Section 25A: heading
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For “United Kingdom”
substitute “Jersey”.
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Section 25A as substituted
by the 2002 Act s.143; and amended by the 2007 Act s. 29 and s.30(2); and the
2016 Act
Schedule 14
paragraph 3
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For “the United Kingdom”
in both places substitute “Jersey”.
In subsection (2) after
“obligations” insert “on behalf of Jersey”.
In subsection (4) for “(4)
and (6)” substitute “(3) and (4)”.
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Section 25C: heading
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(No modification)
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Section 25C as substituted
by the 2002 Act s.143
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For subsection (1)
substitute subsection (1) set out in Schedule 1A.
In subsection (5)(b) for
“25, 25A or 25B” substitute “25 or 25A”.
In subsection (9) omit
paragraph (a).
Omit subsection (11).
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Section 25D: heading
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(No modification)
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Section 25D as inserted by
the 1999 Act s.38; as renumbered section 25D and amended by the 2002 Act
s.144(2) and Schedule 9 paragraph 1
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In subsection (1) for “25,
25A or 25B” substitute “25 or 25A”.
In subsections (1) and (2)
for “constable” substitute “police officer”.
For subsections (5), (6),
(7) and (8) substitute subsections (5) and (6) set out in Schedule 1A.
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Section 26: heading
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(No modification)
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Section 26 as amended by
the 1981 Act Schedule 4 paragraph 3(1); the 1982 Act ss. 38 and 46; the 1996
Act s.6(b); the 1999 Act s.30(2) and (3); the 2002 Act s.151(b) and Schedule
9 paragraph 1
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In subsection (1) –
(a) for “punishable on
summary conviction with a fine of not more than level 5 on the standard scale
or with imprisonment for not more than six months” substitute “punishable
with a fine of not more than level 3 on the standard scale or with
imprisonment for not more than twelve months”;
(b) in paragraph (e) for
“any order” substitute “any Order”;
(c) in paragraph (f) for
“of regulations under section 4(3) or of an order” substitute “of an Order
under section 4(3) or of an Order”;
(d) for subsections (2)
and (3) substitute subsection (2) set out in Schedule 1A.
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Section 26A: heading
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(No modification)
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Section 26A as inserted by
the 2002 Act s.148
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In subsection (1) for
paragraph (b) substitute paragraph (b) set out in Schedule 1A.
For subsection (2)
substitute subsection (2) set out in Schedule 1A.
In subsection (5) for
paragraphs (a) and (b) substitute “to imprisonment for a term not exceeding
ten years, to a fine or to both.”
In subsection (6) for
paragraphs (a) and (b) substitute “to imprisonment for a term not exceeding
two years, to a fine or to both.”
In subsection (7) for “The
Secretary of State may by order –” substitute “The States may by
Regulations –”.
Omit subsection (8).
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Section 26B: heading
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(No modification)
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Section 26B as inserted by
the 2002 Act s.149
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In subsection (4) for
paragraphs (a) and (b) substitute “to imprisonment for a term not exceeding
two years, to a fine or to both.”
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Section 27: heading
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(No modification)
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Section 27 as amended by
the 2015 Act Schedule 5(1) paragraph 2
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In subsection (1)
(a) for “punishable on
summary conviction with a fine of not more than level 5 on the standard scale
or with imprisonment for not more than six months” substitute “punishable
with a fine of not more than level 3 on the standard scale or with
imprisonment for not more than twelve months”;
(b) for “the United
Kingdom” in each place substitute “Jersey”.
In subsection (2)(a) for
“by virtue of regulations
made under –” substitute “by virtue of an Order made under –”.
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Section 28: heading
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(No modification)
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Section 28
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Omit subsections (1), (2)
and (3).
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Section 28A: heading
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(No modification)
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Section 28A as inserted by
the 1999 Act s. 128; and amended by the 2016 Act s.34(4), s.35(9)(a), (b) and (c), s.
39(6)(a), (b) and (c), and Schedule 14 paragraph 6
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In subsection (1) for “A
constable or” substitute “An”.
In subsection (3)(a) for
“24B, 25, 25A or 25B” substitute “25 or 25A”.
In subsection (7) omit
“(or, in Scotland, a copy complaint)”.
In subsection (9A), for “A
constable or” substitute “An”.
Omit subsections (9B) and
(9C).
In subsection (10) for “by
subsections (3)(b), (5), (9B) and (9C)” substitute “by subsections (3)(b) and
(5)”.
Omit subsection (11).
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Section 28AA: heading
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(No modification)
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Section 28AA as inserted
by the 2002 Act s.152; and amended by the 2016 Act s. 35(10) and s.94(1)
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In subsection (1) for “a
justice of the peace” substitute “the Bailiff”.
In subsection (2) for
“justice of the peace” substitute “Magistrate”.
Omit subsection (3).
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Section 28B: heading
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(No modification)
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Section 28B as inserted by
the 1999 Act s. 129.
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In subsection (1) for “a
justice of the peace is, by written information on oath” substitute “the
Bailiff is satisfied by evidence on oath”.
In subsection (2) –
(a) for “justice”
substitute “Bailiff”;
(b) for “constable”
substitute “police officer”.
For subsections (3), (4)
and (5) substitute subsection (3) set out in Schedule 1A.
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Section 28C: heading
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(No modification)
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Section 28C as inserted by
the 1999 Act s.130; and amended by the 2002 Act s.144(5)
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In subsection (1) for “25,
25A or 25B” substitute “25 or 25A”.
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Section 28D: heading
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(No modification)
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Section 28D as inserted by
the 1999 Act s.131; and amended by the 2016 Act Schedule 8 paragraphs 2(2)(a)
and (b), (3), (4), (5), (6)(a), (b) and (c), and Schedule 10(2) paragraph 19
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In subsections (1), for “a
justice of the peace” substitute “the Bailiff”.
In subsections (1B) and
(1C) for “justice of the peace” substitute “Bailiff”.
In subsection (1C) for
“Subject to subsection (2A), the” substitute “The”.
Omit subsection (2A).
In subsection (4) for
“24B, 25, 25A, 25B” substitute “25, 25A”.
For subsection (5)
substitute subsection (5) set out in Schedule 1A.
Omit subsections (6) and
(7).
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Section 28E: heading
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(No modification)
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Section 28E as inserted by
the 1999 Act s.132(1)
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(No modification)
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Section 28F: heading (see the
2002 Act s.144(7))
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For “25, 25A or 25B” substitute “25 or 25A”
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Section 28F as inserted by
the 1999 Act s.133; and amended by the 2002 Act s.144(7)
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In subsection (1) for “25,
25A or 25B” substitute “25 or 25A”
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Section 28FB: heading
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(No modification)
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Section 28FB as inserted
by the 2002 Act s.154; and amended by the 2016 Act Sch.8 paragraphs 3(2)(a)
and (b), (3), (4) and (5)
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In subsection (1) for “a
justice of the peace” substitute “the Bailiff”.
In subsection (1A)(b) omit
“subject to subsection (3C),”.
In subsections (1B), (3)
and (3A) for “justice of the peace” substitute “Bailiff”.
Omit subsections (3C) and
(4).
In subsection (5) omit
paragraph (b) (and omit “(a)” from paragraph (a)).
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Section 28G: heading
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(No modification)
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Section 28G as inserted by
the 1999 Act s.134(1)
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(No modification)
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Section 28H: heading
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(No modification)
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Section 28H as inserted by
the 1999 Act s.135(1)
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For subsections (10), (11)
and (12) substitute subsections (10), (11) and (12) set out in Schedule 1A.
Omit subsection (13).
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Section 28ZI: heading
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(No modification)
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Section 28ZI as inserted
by the 2016 Act s.50
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(No modification)
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Section 28I: heading
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(No modification)
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Section 28I as inserted by
the 1999 Act s.136(1)
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In subsections (2)(b) and
(4)(a)(ii) for “constable” substitute “police officer”.
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Section 28J: heading
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(No modification)
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Section 28J as inserted by
the 1999 Act s.137; and amended by the 2014 Act Schedule 1 paragraph 4; and
the 2016 Act Schedule 8 paragraph 4(2)(a) and (b), (3), (4), (5), (6), (7)
and (8)
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Omit subsection (3).
For subsection (4)
substitute subsection (4) set out in Schedule 1A.
In subsection (5) for
“justice of the peace or sheriff” substitute “Bailiff when”.
In subsection (10A) omit
“24E(6)(b),”.
In subsection (10B) omit
“24E(8),”.
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Section 28K: heading
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(No modification)
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Section 28K as inserted by
the 1999 Act s.138; and amended by the 2014 Act Schedule 1 paragraph 4; and
the 2016 Act Schedule 8 paragraph 5(2), (3), (4), (5), (6), (7) and (8)
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In subsection (8B) for
“Subject to subsection (8C), a” substitute “A”.
Omit subsection (8C).
For subsections (9) to
(12) substitute subsection (9) set out in Schedule 1A.
In subsection (13A) (in
the definition of subsection “all premises warrant”) omit “24E(6)(b),”.
In subsection (13B) omit
“24E(8),”.
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Section 28L: heading
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(No modification)
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Section 28L as inserted by
the 1999 Act s.139(1); and amended by the 2002 Act s. 155(2)
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For subsection (1)
substitute subsection (1) set out in Schedule 1A.
Omit subsections (4) and
(5).
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PART 3A: heading
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(No modification)
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Section 28M: heading
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Omit “: England and Wales”
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Section 28M as inserted by
the 2016 Act Schedule 14 paragraph 7
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In subsection (1) –
(a) for “an English and
Welsh constable” substitute “a police officer”;
(b) for “England and Wales
waters” substitute “Jersey waters”;
(c) in paragraph (a) for
“United Kingdom ship;” substitute “Jersey ship”.
In subsection (3) –
(a) for “Secretary of
State” substitute “Minister”;
(b) for “an English and
Welsh constable” substitute “a police officer”;
(c) for “the United
Kingdom” substitute “Jersey”.
In subsection (2)(a) for
“25, 25A or 25B” substitute “25 or 25A”
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Section 28Q: heading
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(No modification)
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Section 28Q as inserted by
the 2016 Act Schedule 14 paragraph 7
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In subsection (1) –
(a) in the definition of
“the Convention” for “the United Kingdom” substitute “Jersey”;
(b) omit the definitions
of “England and Wales waters” and “English and Welsh constable”;
(c) in the definition of
“foreign ship” for “other than the United Kingdom” in both places substitute
“outside the United Kingdom and Islands”;
(d) after that definition
insert the following definitions –
“ “Jersey ship” means a
ship which –
(a) is registered under Part 3 of the Shipping (Jersey) Law 2002,
(b) is a Government ship within the meaning of that Law, or
(c) is not registered in any State or relevant territory but is
wholly owned by persons each of whom has a Jersey connection;
“Jersey waters” has the
same meaning as in the Shipping (Jersey) Law 2002.”;
(e) omit the definitions
of “Northern Ireland constable”, “Northern Ireland waters”, “Part 2 powers”
and “Part 3 powers”;
(f) for the definition of
“relevant territory” substitute –
“ “relevant territory”
means –
(a) any of the United Kingdom and Islands other than Jersey;
(b) a British overseas territory;”;
(g) omit the definitions
of “Scottish constable”, “Scotland waters” and “United Kingdom ship”.
In subsection (2) –
(a) for “United Kingdom
ship” substitute “Jersey ship”;
(b) for “United Kingdom
connection” substitute “Jersey connection”;
(c) for paragraphs (b) and
(c) substitute paragraphs (b) and (c) set out in Schedule 1A.
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PART IV: Heading
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(No modification)
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Section 32: heading
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(No modification)
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Section 32 as amended by
the 1999 Act Schedule 14 paragraph 54(2)(a) and (b), (3), (4)(a) and (b); and
the 2006 Act s.64(3)(a)
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In subsection (1) –
(a) after “make an Order
in Council” insert “, an enactment requiring to be laid before the States”;
(b) after “vary the Order
in Council,” insert “enactment,”.
In subsections (2) and (3)
for “Secretary of State” in each place substitute “Minister”.
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Section 33: heading
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(No modification)
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Section 33, as amended by
the 1981 Act Schedule 4 paragraphs 2 and 7(a)(i) and (ii) and (b) (with s.
52(7), Schedule 8);
the 1988 Act
s. 10 and the Schedule,
paragraph 5;
the 1996 Act Schedule 2
paragraph 4(1);
the 2002 Act s.10(5)(b),
s.144(8) and
Schedule 7 paragraph 1;
and the
British Overseas
Territories Act 2002 s.1(2)
|
In subsection (1) –
(a) in the first
definition omit “,“airport” includes hoverport”;
(b) omit in the definition
of “certificate of entitlement” for “the United Kingdom” substitute “Jersey”;
(c) after that definition
insert –
“Convention adoption” has
the same meaning as in the Adoption (Jersey) Law 1961;”;
(d) in the definitions of
“entrant” and “entry clearance” for “the United Kingdom” substitute “Jersey”;
(e) after the definition
of “entry clearance” insert –
“ “Guernsey” means
the Bailiwick of Guernsey;”;
(f) for the definition of
“legally adopted” substitute –
“ “legally adopted”
means adopted in pursuance of an order made by any court in the United
Kingdom and Islands, under a Convention adoption or by any adoption declared
by the Royal Court as an overseas adoption within the meaning of the Adoption (Jersey) Law 1961;”;
(g) in the definition of
“limited leave” for “the United Kingdom” substitute “Jersey”;
(h) after that definition
insert –
“ “the Minister”
means the Minister for Home Affairs;”;
(i) in the definition of
“work permit” for “the United Kingdom” substitute “Jersey”.
In subsection (2) for “in
the United Kingdom or in any of the Islands” substitute “in Jersey or
elsewhere in the United Kingdom and Islands”.
In subsection (2A) for
“the United Kingdom” substitute “Jersey”.
In subsection (3) for
“such ports” to the end of the subsection substitute “such places as the
States may by Act designate”.
For subsection (4)
substitute subsection (4) set out in Schedule 1A.
|
|
Section 37: heading
|
Omit “and extent”
|
|
Section 37
|
Omit “ – (1)” in
subsection (1).
Omit subsection (2).
|
|
|
|
|
Schedule 2: heading
|
(No modification)
|
|
Schedule 2, Part I:
heading
|
(No modification)
|
|
Schedule 2, paragraph 1:
heading
|
(No modification)
|
|
Schedule 2, paragraph 1
|
For sub-paragraphs (1) to
(3) substitute sub-paragraphs (1) to (3) set out in Schedule 1A.
In sub-paragraph (5) for
“the United Kingdom” substitute “Jersey”.
|
|
Schedule 2, paragraph 2:
heading
|
(No modification)
|
|
Schedule 2, paragraph 2 as
amended by the 1981 Act Schedule 4 paragraph 2; the 1999 Act Schedule 14,
paragraph 56; and the 2016 Act s. 46(2)
|
In sub-paragraphs (1) and
(2) for “the United Kingdom” in each place substitute “Jersey”.
|
|
Schedule 2, paragraph 2A:
heading
|
(No modification)
|
|
Schedule 2, paragraph 2A
as inserted by the 1999 Act Schedule 14 paragraph 57; and amended by the 2004
Act s.18
|
In sub-paragraphs (1) and
(2A) for “the United Kingdom” substitute “Jersey”.
In sub-paragraph (9),
omit “and Part IV of the Immigration and Asylum Act 1999”.
|
|
Schedule 2, paragraph 3 as
amended by the 1981 Act Schedule 4 paragraph 2; the 2006 Act s.42(2); and the
2014 Act Schedule 8(1) paragraph 2(2) and (3)
|
In sub-paragraphs (1) and
(2) for “the United Kingdom” in each place substitute “Jersey”.
|
|
Schedule 2, paragraph 4:
heading
|
(No modification)
|
|
Schedule 2, paragraph 4 as
amended by the 1996 Act Schedule 2 paragraph 5(1) and (2)(a), (b) and (c);
the 1999 Act Schedule 14 paragraph 8; the 2006 Act s.27(1) and Schedule 3
paragraph 1; and the 2014 Act s.13(2), Schedule 2 paragraph 1(2)(a) and (b),
and (3) and Schedule 8(1) paragraph 3(2),(3)(a),(b) and (c), (4), (5)(a) and
(b), (6) and (7)
|
In sub-paragraphs (3)(b)
and (4)(b) for “the United Kingdom” substitute “Jersey”.
In sub-paragraph (4)(c)
for “in respect of an appeal” substitute “for judicial review of the exercise
of a function”.
In sub-paragraph (8)(b)
for “Secretary of State” substitute “Minister”.
|
|
Schedule 2, paragraph 5
|
For paragraph 5 substitute
paragraph 5 set out in Schedule 1A.
|
|
Schedule 2, paragraph 5A:
heading (see 2014 Act Schedule 8(1) paragraph 5)
|
(No modification)
|
|
Schedule 2, paragraph 5A
as inserted by the 2014 Act Schedule 8(1) paragraph 5
|
For “Secretary of State”
in each place substitute “Minister”.
|
|
Schedule 2, paragraph 5B:
heading (see the 2014 Act Schedule 8(1))
|
(No modification)
|
|
Schedule 2, paragraph 5B
as inserted by the 2014 Act Schedule 8(1) paragraph 6
|
In sub-paragraph (1) for
“Secretary of State” substitute “Minister”.
|
|
Schedule 2, paragraph 6:
heading
|
(No modification)
|
|
Schedule 2, paragraph 6 as
amended by the 1981 Act Schedule 4 paragraph 2; the 1988 Act s. 10 and the
Schedule paragraphs 7 and 8(1), (2) and (3); the 2002 Act s.119)
|
For “the United Kingdom”
in each place substitute “Jersey”.
|
|
Schedule 2, paragraph 7:
heading
|
(No modification)
|
|
Schedule 2, paragraph 7 as
substituted by the 1999 Act Schedule 14 paragraph 59
|
In sub-paragraphs (1)(a)
and (1)(b) for “the United Kingdom” substitute “Jersey”.
|
|
Schedule 2, paragraph 8:
heading
|
(No modification)
|
|
Schedule 2, paragraph 8 as
amended by the 1988 Act s. 10 and the Schedule paragraph 9(1)
|
For “the United Kingdom”
in each place substitute “Jersey”.
|
|
Schedule 2, paragraph 9 as
amended by the 1996 Act Schedule 2 paragraph 6
|
For “the United Kingdom”
in each place substitute “Jersey”.
|
|
Schedule 2, paragraph 10
as amended by the 1988 s. 10 and the Schedule paragraph 9(2)
|
For “Secretary of State”
in each place substitute “Minister”.
|
|
Schedule 2, paragraph 10A
as inserted by the 2002 Act s.73(1)
|
(No modification)
|
|
Schedule 2, paragraph 11
as amended by the 2014 Act Schedule 9(1) paragraph 1
|
For “Secretary of State”
substitute “Minister”.
|
|
Schedule 2, paragraph 12:
heading
|
(No modification)
|
|
Schedule 2, paragraph 12
as amended by the 1981 Act Schedule 4 paragraph 2
|
For “the United Kingdom”
in each place substitute “Jersey”.
|
|
Schedule 2, paragraph 13
as amended by the 1981 Act Schedule 4 paragraph 2
|
For “the United Kingdom”
in each place substitute “Jersey”.
|
|
Schedule 2, paragraph 14
|
For “Secretary of State”
in each place substitute “Minister”.
|
|
Schedule 2, paragraph 15
|
(No modification)
|
|
Schedule 2, paragraph 15A:
heading (see the 2016 Act s.46(3))
|
(No modification)
|
|
Schedule 2, paragraph 15A
as inserted by the 2016 Act s.46(3)
|
In sub-paragraph (2)(b)
for “the United Kingdom” substitute “Jersey”.
|
|
Schedule 2, paragraph 16:
heading
|
(No modification)
|
|
Schedule 2, paragraph 16
as amended by the 1999 Act s.140(1) and Schedule 14 paragraph 60; the 2002
Act s.73(5); the 2006 Act s.42(3); the 2014 Act s.5(2); and the 2016 Act
s.60(10)
|
For “the United Kingdom”
in each place substitute “Jersey”.
|
|
Schedule 2, paragraph 17
|
In sub-paragraph (1) for
“constable” substitute “police officer”.
For sub-paragraph (2)
substitute sub-paragraph (2) in the Schedule 1A.
|
|
Schedule 2, paragraph 18
as amended by the 1999 Act Schedule 14 paragraph 61; and the 2014 Act s.5(3),
s.9, s.13(3), Schedule 1 para.1, and Schedule 2 paragraph 1(4)
|
For “Secretary of State”
in both places substitute “Minister”.
For “constable” in both places
substitute “police officer”.
In sub-paragraph (3) for
“the United Kingdom” substitute “Jersey”.
|
|
Schedule 2, paragraph 18A
as inserted by the 2014 Act Schedule 1 paragraph 2(1)
|
For “constable” in each
place substitute “police officer”.
|
|
Schedule 2, paragraph 18B
as inserted by the 2014 Act s.5(4)
|
In sub-paragraph (7) for
the definition of “short-term holding facility” substitute “ “short-term
holding facility” means a place used solely for the detention of detained
persons for a period of not more than seven days or for such other period as
may be prescribed by Regulations made by the States;”.
|
|
Schedule 2, paragraph 19
as amended by the 1981 Act Schedule 4 para. 3(1); and the 1996 Act Schedule 2
paragraph 8
|
In sub-paragraph (1) –
(a) for “the United
Kingdom” substitute “Jersey”;
(b) for “Secretary of
State” in both places substitute “Minister”.
In sub-paragraph (2) for
“the United Kingdom” substitute “Jersey”.
In sub-paragraph (3) –
(a) for “the United
Kingdom” substitute “Jersey”;
(b) for the words from
“the determination in his favour” to “(being an appeal occasioned by such a
refusal)” substitute “a judicial review of a refusal of leave to enter by
virtue of which the directions were given,”.
In sub-paragraph (4 –
(a) for “an appeal under
this Act” substitute “proceedings for judicial review”;
(b) for “an appeal by him
under this Act” substitute “such proceedings”.
|
|
Schedule 2, paragraph 20
as amended by the 1996 Act Sch.2 paragraph 9(1) and (2)
|
For “the United Kingdom”
in each place substitute “Jersey”.
In sub-paragraph (1) for
“Secretary of State” substitute “Minister”.
In sub-paragraph (3)–
(a) for “an appeal under
this Act” substitute “proceedings for judicial review”;
(b) for “an appeal by him
under this Act” substitute “such proceedings”.
|
|
Schedule 2, paragraph 21:
heading
|
(No modification)
|
|
Schedule 2, paragraph 21
as amended by the 1988 Act s. 10 and the Schedule paragraph 10(1)(4); the
1996 Act Schedule 2 paragraph10; the 1999 Act Schedule 14 paragraph 62(2) and
(3), and Schedule 16 paragraph 1; and the 2006 Act s.42(4)
|
For “the United Kingdom”
in each place substitute “Jersey”.
In sub-paragraph (2A) for
“regulations made by the Secretary of State” substitute “Order made by the
Minister”.
In sub-paragraph (2B) –
(a) for “The regulations” substitute
“Such an Order”;
(b) for “accommodation
provided under section 4 of the Immigration and Asylum Act 1999” substitute
“specified accommodation”.
In sub-paragraph (2C) for
“The regulations” substitute “Such an Order”.
In sub-paragraph (2D) for
“regulations conferred by this paragraph is exercisable by statutory
instrument and” substitute “Orders conferred by this paragraph”.
Omit sub-paragraph (2E).
|
|
Schedule 2, paragraph 25A:
heading (see the 1999 Act s.132(2))
|
(No modification)
|
|
Schedule 2, paragraph 25A
as inserted by the 1999 Act s.132(2); and amended by the 2014 Act Schedule 1
paragraph 3(2),(3),(4)(a), (b) and (c) and (5); and the 2016 Act s.46(4)(a),
(b) and (c), and Schedule 8 paragraph 6(2)(a) and (b), (3), (4), (5) and (6)
|
In sub-paragraph (6A) –
(a) for “a justice of the
peace” substitute “the Bailiff”;
(b) for “the justice of
the peace” substitute “the Bailiff”.
In sub-paragraphs (6AB)
and (6AC) for “justice of the peace” substitute “Bailiff”.
Omit sub-paragraphs (6BA)
and (6C).
In sub-paragraph (7) omit
“ – (a)”.
“In sub-paragraphs (8A)
and (9) for “the United Kingdom” substitute “Jersey”.
|
|
Schedule 2, paragraph 25B:
heading (see the 1999 Act s.134(2))
|
(No modification)
|
|
Schedule 2, paragraph 25B
as inserted by the 1999 Act s.134(2); and amended by the 2016 Act s.46(5)
|
In sub-paragraph
(3)(b)(ii) for “the United Kingdom” substitute “Jersey”.
|
|
Schedule 2, paragraph 25C:
heading (see the 1999 Act s.135(2))
|
(No modification)
|
|
Schedule 2, paragraph 25C
as inserted by the 1999 Act s.135(2)
|
In sub-paragraph
(2)(b)(ii) for “the United Kingdom” substitute “Jersey”.
|
|
Schedule 2, paragraph 25D:
heading (see the 1999 Act s.136(2))
|
(No modification)
|
|
Schedule 2, paragraph 25D
as inserted by the 1999 Act s.136(2)
|
(No modification)
|
|
Schedule 2, paragraph 25E
as inserted by the 1999 Act s.139(2)
|
(No modification)
|
|
Schedule 2, paragraph 26:
heading
|
(No modification)
|
|
Schedule 2, paragraph 26
as amended by the 1981 Act Schedule 4 paragraph 2; and the 1999 Act Schedule
14 paragraph 64(3) and (4) and Schedule 16 paragraph 1
|
In sub-paragraph (1)–
(a) for “Secretary of
State” substitute “Minister”;
(b) for “the United
Kingdom” in each place substitute “Jersey”.
In sub-paragraph (1A) for
“Secretary of State may by order” substitute “Minister may by Order”.
In sub-paragraphs (2) and
(3)–
(a) for “Secretary of
State” substitute “Minister”;
(b) for “the United
Kingdom” substitute “Jersey”.
Omit sub-paragraph (3A).
|
|
Schedule 2, paragraph 27
as amended by the 2006 Act s.31(2); and the 2015 Act Schedule 5(1) paragraph
1(2)
|
For “the United Kingdom”
in each place substitute “Jersey”.
In sub-paragraph (2) for
“Secretary of State may by order” substitute “Minister may by Order”.
In sub-paragraphs (3) and
(5) for “An order” substitute “An Order”.
In sub-paragraph (5) –
(a) in sub-sub-paragraph
(ba) for “Secretary of State” substitute “Minister”;
(b) at the end of
sub-sub-paragraph (ba) add “and”;
(c) for sub-sub-paragraphs
(c) and (d) substitute sub-sub-paragraph (c) set out in Schedule 1A.
|
|
Schedule 2, paragraph 27B:
heading (see the 1999 Act 1999 s.18)
|
(No modification)
|
|
Schedule 2, paragraph 27B
as inserted by the 1999 Act s.18; and amended by the 2006 Act s.31(3)(a) and
(b); and the 2015 Act Schedule 5(1) paragraph 1(3)
|
In sub-paragraph (1) for
“the United Kingdom” in both places substitute “Jersey”.
In sub-paragraph (2) after
“to the officer” insert “or as the officer directs”.
In sub-paragraphs (8) and
(8A) for “Secretary of State” substitute “Minister”.
For sub-paragraphs (10)
and (11) substitute sub-paragraph (10) set out in Schedule 1A.
|
|
Schedule 2, paragraph 27BA
as inserted by the 2015 Act Schedule 5(1) paragraph 1(4)
|
In sub-paragraph (1)–
(a) for “Secretary of
State may make regulations” substitute “Minister may make provision by
Order”;
(b) for “the United Kingdom”
in both places substitute “Jersey”;
(c) for “to the Secretary
of State” substitute “to the Minister”.
In sub-paragraphs (3) and
(4) for “The regulations” substitute “An Order under this paragraph”.
In sub-paragraph (4) for
“Secretary of State” substitute “Minister”.
In sub-paragraph (6) for
“Regulations” substitute “An Order”.
For sub-paragraph (7)
substitute paragraph (7) set out in Schedule 1A.
|
|
Schedule 2, paragraph 27BB
as inserted by the 2015 Act Schedule 5(1) paragraph 1(4)
|
In sub-paragraph (1)–
(a) for “Secretary of
State may make regulations” substitute “Minister may make provision by
Order”;
(b) for “an order under
paragraph 27(2) (order” substitute “an Order under paragraph 27(2) (Order”;
(c) for “regulations under
paragraph 27BA” substitute “an Order under paragraph 27BA”.
In sub-paragraph (2)–
(a) for “Regulations
under” substitute “An Order under”;
(b) for “the regulations”
substitute “the Order”.
In sub-paragraph (3)–
(a) for “Provision in the
regulations” substitute “Provision in the Order”;
(b) for “the regulations”
substitute “the Order”.
In sub-paragraph (4)–
(a) for “The regulations
must” substitute “The Order must”;
(b) for “an order”
substitute “an Order”;
(c) for “or regulations”
substitute “or an Order”;
(d) in sub-sub-paragraph
(c) for “regulations” substitute “an Order”.
For sub-paragraphs (5) and
(6) substitute sub-paragraph (5) set out in Schedule 1A.
|
|
|
|
|
Schedule 3: heading
|
(No modification)
|
|
Schedule 3, paragraph 1:
heading
|
(No modification)
|
|
Schedule 3, paragraph 1:
|
For “Secretary of State”
in each place substitute “Minister”.
For “the United Kingdom”
in each place substitute “Jersey”.
|
|
Schedule 3, paragraph 2:
heading
|
|
|
Schedule 3, paragraph 2 as
amended by the 1982 Act Schedule 10 paragraph 1; the 1988 Act s. 10 and the
Schedule paragraph 10; the 2006 Act s.53; the 2014 Act Schedule 1 paragraph
2(2); and the 2016 Act s.60(11)
|
For “Secretary of State”
in each place substitute “Minister”.
Omit sub-paragraph (2).
In sub-paragraph (3) –
(a) for “the United
Kingdom” substitute “Jersey”;
(b) omit “or (2)”.
In sub-paragraph (4) omit
“(2) or”.
In sub-paragraph (4ZA)
omit “, (2)”.
In sub-paragraph (6)(b)
omit “(2) or”.
|
|
Schedule 3, paragraph 4:
heading (see the 1982 Act Schedule 10)
|
(No modification)
|
|
Schedule 3, paragraph 4 as
inserted by the 1982 Act Schedule 10 paragraph 2; and amended by the 1988 Act
s. 10 and the Schedule paragraph 10
|
(No modification)
|
|
Schedule 3, paragraph 5 as
inserted by the 1982 Act Schedule 10 paragraph 2
|
In sub-paragraph (1)(b)
for “constable” substitute “police officer”.
|
|
Schedule 3, paragraph 6 as
inserted by the 1982 Act Schedule 10 paragraph 2
|
In sub-paragraph (1) for
“to which sub-paragraph (2) below applies” substitute “where the court which
directed release was the Court of Appeal”.
For sub-paragraphs (2) to
(5) substitute sub-paragraph (2) set out in Schedule 1A.
|
|
Schedule 3, paragraph 7 as
inserted by the 1982 Act Schedule 10 paragraph 2
|
In sub-paragraph (1) –
(a) omit “ –(1)”;
(b) for “constable”
substitute “police officer”;
(c) for “the relevant part
of the United Kingdom” substitute “Jersey”.
|
|
Schedule 3, paragraph 8 as
inserted by the 1982 Act Schedule 10 paragraph 2
|
In sub-paragraph (1)–
(a) omit “in England or
Wales or Northern Ireland”;
(b) for “a justice of the
peace for the petty sessions area or district in which he was arrested”
substitute “the Bailiff or Jurat”.
|
|
Schedule 3, paragraph 10
as inserted by the 1982 Act Schedule 10 paragraph 2
|
For “Any justice of the
peace or court before whom a person is brought by virtue of paragraph 8 or 9
above –” substitute “Where a person is brought before the Bailiff or a
Jurat by virtue of paragraph 8 above, the Bailiff or the Jurat, as the case
may be –”.
For “as the court may
direct” substitute “as the Bailiff or, as the case may be, the Jurat may
direct”.
|
|
|
|
|
Schedule 4: heading
|
For the heading substitute
the heading set out in Schedule 1A.
|
|
Schedule 4, paragraph 1:
heading
|
(No modification)
|
|
Schedule 4, paragraph 1 as
amended by the 1981 Act Schedule 4, paragraph 2; and the 2020 Act s.2(4)
|
In sub-paragraph (1) –
(a) for “Islands a person
is or has been given leave to enter or remain in the island” substitute
“United Kingdom, Guernsey or the Isle of Man a person is or has been given
leave to enter or remain in the island or, as the case may be, the United
Kingdom”;
(b) for “the United
Kingdom, or, as the case may be, as if he had under this Act been refused
leave to enter the United Kingdom” substitute “Jersey, or, as the case may
be, as if he had under this Act been refused leave to enter Jersey”.
For sub-paragraph (2)
substitute sub-paragraph (2) set out in Schedule 1A.
In sub-paragraph (3) –
(a) for “the United
Kingdom” in both places substitute “Jersey”;
(b) after “appeal (if
any)” insert “or right of review”.
In sub-paragraph (4) for
“the United Kingdom” substitute “Jersey”.
For sub-paragraph (5)
substitute sub-paragraph (5) set out in Schedule 1A.
|
|
Schedule 4, paragraph 2
|
For paragraph 2 substitute
paragraph 2 set out in Schedule 1A.
|
|
Schedule 4, paragraph 3:
heading
|
(No modification)
|
|
Schedule 4, paragraph 3 as
amended by the 1981 Act Schedule 4, paragraph 2
|
For sub-paragraphs (1) and
(2) substitute sub-paragraphs (1) and (2) set out in Schedule 1A.
|
|
Schedule 4, paragraph 4:
heading
|
(No modification)
|
|
Schedule 4, paragraph 4 as
amended by the 1981 Act Schedule 4, paragraph 2
|
For paragraph 4 substitute
paragraph 4 set out in Schedule 1A.
|
|
|
|
|
Schedule 4A: heading (see the 2016 Act
Schedule 14 paragraph 8)
|
(No modification)
|
|
Schedule 4A Part 1:
heading
|
Omit “ENGLAND AND WALES”
|
|
Schedule 4A Part 1
paragraph 1: heading
|
(No modification)
|
|
Schedule 4A Part 1
paragraph 1 as inserted by the 2016 Act Schedule 14 paragraph 8
|
In sub-paragraph (1)–
(a) for “English and Welsh
constables” substitute “police officers”;
(b) omit “and 28P(1)”.
In sub-paragraph (2) for
“and Criminal Evidence Act 1984 (see section 10 of that Act)” substitute
“Procedures and Criminal Evidence (Jersey) Law 2003 (see Article 5 of that
Law)”.
|
|
Schedule 4A Part 1
paragraph 2: heading
|
(No modification)
|
|
Schedule 4A Part 1
paragraph 2 as inserted by the 2016 Act Schedule 14 paragraph 8
|
In sub-paragraph (1)(a)
for “25, 25A or 25B” substitute “25 or 25A”.
In sub-paragraph (2)(c)
for “the United Kingdom” substitute “Jersey”.
|
|
Schedule 4A Part 1
paragraph 3: heading
|
(No modification)
|
|
Schedule 4A Part 1
paragraph 3 as inserted by the 2016 Act Schedule 14 paragraph 8
|
In sub-paragraph (1)(a)
for “25, 25A or 25B” substitute “25 or 25A”.
|
|
Schedule 4A Part 1
paragraph 4: heading
|
(No modification)
|
|
Schedule 4A Part 1
paragraph 4 as inserted by the 2016 Act Schedule 14 paragraph 8
|
In sub-paragraph (1) for
“25, 25A or 25B” substitute “25 or 25A”.
In sub-paragraphs (2) and
(3) for “constable or” substitute “police officer or immigration”.
|
|
Schedule 4A Part 1
paragraph 5: heading
|
(No modification)
|
|
Schedule 4A Part 1
paragraph 5 as inserted by the 2016 Act Schedule 14 paragraph 8
|
(No modification)
|
|
Schedule 4A Part 1
paragraph 6: heading
|
(No modification)
|
|
Schedule 4A Part 1
paragraph 6 as inserted by the 2016 Act Schedule 14 paragraph 8
|
For “the United Kingdom”
in each place substitute “Jersey”.
|
|
Schedule 4A Part 1
paragraph 7: heading
|
(No modification)
|
|
Schedule 4A Part 1
paragraph 7 as inserted by the 2016 Act Schedule 14 paragraph 8
|
(No modification)
|
|
Schedule 4A Part 1
paragraph 8: heading
|
(No modification)
|
|
Schedule 4A Part 1
paragraph 8 as inserted by the 2016 Act Schedule 14 paragraph 8
|
(No modification)
|
|
Schedule 4A Part 1
paragraph 9: heading
|
(No modification)
|
|
Schedule 4A Part 1
paragraph 9 as inserted by the 2016 Act Schedule 14 paragraph 8
|
(No modification)
|
|
Schedule 4A Part 1
paragraph 10: heading
|
(No modification)
|
|
Schedule 4A Part 1
paragraph 10 as inserted by the 2016 Act Schedule 14 paragraph 8
|
(No modification)
|
|
Schedule 4A Part 1
paragraph 11: heading
|
(No modification)
|
|
Schedule 4A Part 1
paragraph 11 as inserted by the 2016 Act Schedule 14 paragraph 8
|
In sub-paragraphs (1) and
(2) omit “under the law of England and Wales”.
In sub-paragraph (4) for
“summary conviction to imprisonment for a term not exceeding 51 weeks, to a
fine or to both” substitute “conviction to imprisonment for a term not
exceeding 12 months or to a fine not exceeding level 3 on the standard scale
or to both”.
Omit sub-paragraph (5).
|
SCHEDULE 1A
Article 3
Provisions of the Immigration Act 1971 as
extended to Jersey
|
Provision as extended to Jersey
|
PART I
REGULATION AND ENTRY INTO AND STAY IN JERSEY
General Principles
1.–(1) All
those who are in this Act expressed to have the right of abode in Jersey shall
be free to live in, and to come and go into and from, Jersey without let or
hindrance except such as may be required under and in accordance with this Act
to enable their right to be established or as may be otherwise lawfully imposed
on any person.
(2) Those not having that
right may live, work and settle in Jersey by permission and subject to such
regulation and control of their entry into, stay in and departure from Jersey
as is imposed by this Act; and indefinite leave to enter or remain in Jersey
shall, by virtue of this provision, be treated as having been given under this
Act to those in Jersey at its coming into force, if they are then settled there
(and not exempt under this Act from the provisions relating to leave to enter
or remain).
(3) Arrival in and
departure from Jersey on a local journey from or to the United Kingdom,
Guernsey, the Isle of Man or the Republic of Ireland shall not be subject to
control under this Act, nor shall a person require leave to enter Jersey on so
arriving, except in so far as any of those places is for any purpose excluded
from this subsection under the powers conferred by this Act; and in this Act
Jersey and those places, or such of them as are not so excluded, are
collectively referred to as “the common travel area”.
(4) The rules laid down by
the Minister as to the practice to be followed in the administration of this
Act for regulating the entry into and stay in Jersey of persons not having the
right of abode shall include provision for admitting (in such cases and subject
to such restrictions as may be provided by the rules, and subject or not to
conditions as to length of stay or otherwise) persons coming for the purpose of
taking employment, or for purposes of study, or as visitors, or as dependants
of persons lawfully in or entering Jersey.
(5) The Minister may by
Order regulate the taking of employment by persons not having the right of
abode who are given leave to enter Jersey.
(6) Before making an Order
under subsection (5) the Minister must consult the Chief Minister.
Statement of right of abode in Jersey.
2.–(1) A
person is under this Act to have the right of abode in Jersey if –
(a) he is a British
citizen; or
(b) he is a Commonwealth
citizen who –
(i) immediately before the
commencement of the British Nationality Act 1981 was a Commonwealth citizen
having the right of abode in Jersey by virtue of section 2(1)(d) or section
2(2) of this Act as then in force; and
(ii) has not ceased to be
a Commonwealth citizen in the meanwhile.
(2) In relation to
Commonwealth citizens who have the right of abode in Jersey by virtue of subsection
(1)(b) above, this Act, except this section, section 5(2) and section 25, shall
apply as if they were British citizens; and in this Act (except as aforesaid)
“British citizen” shall be construed accordingly.
Deprivation of right of abode
2A.–(1) The
Minister may by order remove from a specified person a right of abode in Jersey
which he has under section 2(1)(b).
(2) The Minister may make
an order under subsection (1) in respect of a person only if the Minister
thinks that it would be conducive to the public good for the person to be
excluded or removed from Jersey.
(3) An order under
subsection (1) may be revoked by order of the Minister.
(4) While an order under
subsection (1) has effect in relation to a person –
(a) section 2(2) shall not
apply to him, and
(b) any certificate of
entitlement granted to him shall have no effect.
General provisions for regulation and control.
3.–(1) Except
as otherwise provided by or under this Act, where a person is not a British
citizen –
(a) he shall not enter
Jersey unless given leave to do so in accordance with the provisions of, or
made under, this Act;
(b) he may be given leave
to enter Jersey (or, when already there, leave to remain in Jersey) either for
a limited or for an indefinite period;
(c) if he is given limited
leave to enter or remain in Jersey, it may be given subject to all or any of
the following conditions, namely –
(i) a condition
restricting his work or occupation in Jersey;
(ia) a condition
restricting his studies in Jersey;
(ii) a condition requiring
him to maintain and accommodate himself, and any dependants of his, without
recourse to public funds;
(iii) a condition requiring
him to register with the police;
(iv) a condition requiring
him to report to an immigration officer or the Minister; and
(v) a condition about
residence.
(2) The Minister shall from
time to time (and as soon as may be) present to the States statements of the
rules, or of any changes in the rules, laid down by him as to the practice to
be followed in the administration of this Act for regulating the entry into and
stay in Jersey of persons required by this Act to have leave to enter,
including any rules as to the period for which leave is to be given and the
conditions to be attached in different circumstances; and section 1(4) above
shall not be taken to require uniform provision to be made by the rules as
regards admission of persons for a purpose or in a capacity specified in
section 1(4) (and in particular, for this as well as other purposes of this
Act, account may be taken of citizenship or nationality).
If a statement presented to the States under this subsection is
disapproved by resolution passed at the sitting at which it is so presented or
at the next following sitting of the States then the Minister shall make
changes or further changes in the rules as appear to him to be required in the
circumstances and the statement of those changes shall be presented to the
States as soon as practicable after the said resolution was passed.
(3) In the case of a limited
leave to enter or remain in Jersey, –
(a) a person’s leave may be
varied, whether by restricting, enlarging or removing the limit on its
duration, or by adding, varying or revoking conditions, but if the limit on its
duration is removed, any conditions attached to the leave shall cease to apply;
and
(b) the limitation on and
any conditions attached to a person’s leave (whether imposed originally or on a
variation) shall, if not superseded, apply also to any subsequent leave he may
obtain after an absence from Jersey within the period limited for the duration
of the earlier leave.
(4) A person’s leave to
enter or remain in Jersey shall lapse on his going to a country or territory
outside the common travel area (whether or not he lands there), unless within
the period for which he had leave he returns to Jersey in circumstances in
which he is not required to obtain leave to enter; but, if he does so return,
his previous leave (and any limitation on it or conditions attached to it)
shall continue to apply.
(5) A person who is not a
British citizen is liable to deportation from Jersey if –
(a) the Minister deems his
deportation to be conducive to the public good; or
(b) another person to whose
family he belongs is or has been ordered to be deported.
(6) Without prejudice to
the operation of subsection (5) above, a person who is not a British citizen
shall also be liable to deportation from Jersey if, after he has attained the
age of seventeen, he is convicted of an offence for which he is punishable with
imprisonment and on his conviction is recommended for deportation by a court
empowered by this Act to do so.
(7) Where it appears to Her
Majesty proper so to do by reason of restrictions or conditions imposed on
British citizens, British overseas territories citizens or British Overseas
citizens when leaving or seeking to leave any country or the territory subject
to the government of any country, Her Majesty may by Order in Council make
provision for prohibiting persons who are nationals or citizens of that country
and are not British citizens from embarking in Jersey, or from doing so
elsewhere than at a port of exit, or for imposing restrictions or conditions on
them when embarking or about to embark in Jersey; and Her Majesty may also make
provision by Order in Council to enable those who are not British citizens to
be, in such cases as may be prescribed by the Order, prohibited in the
interests of safety from so embarking on a ship or aircraft specified or
indicated in the prohibition.
(8) When any question
arises under this Act whether or not a person is a British citizen, or is
entitled to any exemption under this Act, it shall lie on the person asserting
it to prove that he is.
(9) A person seeking to
enter Jersey and claiming to have the right of abode there shall prove it by
means of –
(a) a United Kingdom
passport describing him as a British citizen,
(b) a United Kingdom
passport describing him as a British subject with the right of abode in the
United Kingdom, or
(c) a certificate of
entitlement.
Irish citizens.
3ZA.–(1) An
Irish citizen does not require leave to enter or remain Jersey, unless
subsection (2), (3) or (4) applies to that citizen.
(2) This subsection applies
to an Irish citizen if the Irish citizen is subject to a deportation order made
under section 5(1).
(3) This subsection applies
to an Irish citizen if –
(a) the Minister has issued
directions for the Irish citizen not to be given entry to Jersey on the ground
that the Irish citizen’s exclusion is conducive to the public good,
(b) Minister has given the
Irish citizen notice of the directions, and
(c) the directions have not
been withdrawn.
(4) This subsection applies
to an Irish citizen if the Irish citizen is an excluded person for the purposes
of section 8B (persons excluded under international obligations etc).
(5) Where subsection (2),
(3) or (4) applies to an Irish citizen, section 1(3) does not permit the Irish
citizen to enter Jersey without leave on arriving Jersey on a local journey
from any place in the common travel area.
Further provision as to leave to enter.
3A.–(1) The
Minister may by Order make further provision with respect to the giving,
refusing or varying of leave to enter Jersey.
(2) An Order under
subsection (1) may, in particular, provide for –
(a) leave to be given or
refused before the person concerned arrives in Jersey;
(b) the form or manner in
which leave may be given, refused or varied;
(c) the imposition of
conditions;
(d) a person’s leave to
enter not to lapse on his leaving the common travel area.
(3) The Minister may by
Order provide that, in such circumstances as may be prescribed –
(a) an entry visa, or
(b) such other form of
entry clearance as may be prescribed,
is to have effect as leave to enter Jersey.
(4) An Order under
subsection (3) may, in particular –
(a) provide for a clearance
to have effect as leave to enter –
(i) on a prescribed number
of occasions during the period for which the clearance has effect;
(ii) on an unlimited
number of occasions during that period;
(iii) subject to prescribed
conditions; and
(b) provide for a clearance
which has the effect referred to in paragraph (a)(i) or (ii) to be varied by
the Minister or an immigration officer so that it ceases to have that effect.
(5) Only conditions of a
kind that could be imposed on leave to enter given under section 3 may be
prescribed.
(6) In subsections (3), (4)
and (5) “prescribed” means prescribed in an Order made under subsection (3).
(7) The Minister may, in
such circumstances as may be prescribed in an Order made by him, give or refuse
leave to enter Jersey.
(8) An Order under
subsection (7) may provide that, in such circumstances as may be prescribed by
the Order, paragraphs 2, 4, 6, 7, 8, 9 and 21 of Part I of Schedule 2 to this
Act are to be read, in relation to the exercise by the Minister of functions
which he has as a result of the Order, as if references to an immigration
officer included references to the Minister.
(9) Subsection (8) is not
to be read as affecting any power conferred by subsection (10).
(10) An Order under this
section may –
(a) contain such
incidental, supplemental, consequential and transitional provision as the
Minister considers appropriate; and
(b) make different
provision for different cases.
(11) This Act and any
provision made under it has effect subject to any Order made under this
section.
Further provision as to leave to remain.
3B.–(1) The
Minister may by Order make further provision with respect to the giving,
refusing or varying of leave to remain in Jersey.
(2) An Order under
subsection (1) may, in particular, provide for –
(a) the form or manner in
which leave may be given, refused or varied;
(b) the imposition of
conditions;
(c) a person’s leave to
remain in Jersey not to lapse on his leaving the common travel area.
(3) An Order under this section
may –
(a) contain such
incidental, supplemental, consequential and transitional provision as the
Minister considers appropriate; and
(b) make different
provision for different cases.
(4) This Act and any
provision made under it has effect subject to any Order made under this
section.
Continuation of leave pending variation decision.
3C.–(1) This
section applies if –
(a) a person who has
limited leave to enter or remain in Jersey applies to the Minister for
variation of the leave,
(b) the application for
variation is made before the leave expires, and
(c) the leave expires
without the application for variation having been decided.
(2) The leave is extended
by virtue of this section during any period when –
(a) the application for
variation is neither decided nor withdrawn, or
(b) an administrative
review of the decision on the application for variation –
(i) could be sought, or
(ii) is pending.
(3) Leave extended by
virtue of this section shall lapse if the applicant leaves Jersey.
(3A) Leave extended by virtue
of this section may be cancelled if the applicant –
(a) has failed to comply
with a condition attached to the leave, or
(b) has used or uses
deception in seeking leave to remain (whether successfully or not).
(4) A person may not make
an application for variation of his leave to enter or remain in Jersey while
that leave is extended by virtue of this section.
(5) But subsection (4) does
not prevent the variation of the application mentioned in subsection (1)(a).
(6) The Minister may make
Orders determining when an application is decided for the purposes of this
section; and such an Order –
(a) may make provision by
reference to receipt of a notice,
(b) may provide for a
notice to be treated as having been received in specified circumstances, and
(c) may make different
provision for different purposes or circumstances.
(7) In this section –
“administrative review” means a review conducted under the
immigration rules;
the question of whether an administrative review is pending is to be
determined in accordance with the immigration rules.
Administration of control.
4.–(1) The
power under this Act to give or refuse leave to enter Jersey shall be exercised
by immigration officers, and the power to give leave to remain in Jersey, or to
vary any leave under section 3(3)(a) (whether as regards duration or
conditions) or to cancel any leave under section 3C(3A), shall be exercised by
the Minister; and, unless otherwise allowed by or under this Act, those powers
shall be exercised by notice in writing given to the person affected, except
that the powers under section 3(3)(a) may be exercised generally in respect of
any class of persons by Order.
(2) The provisions of
Schedule 2 to this Act shall have effect with respect to –
(a) the appointment and
powers of immigration officers and medical inspectors for purposes of this Act;
(b) the examination of
persons arriving in or leaving Jersey by ship or aircraft , and the special
powers exercisable in the case of those who arrive as, or with a view to
becoming, members of the crews of ships and aircraft; and
(c) the exercise by
immigration officers of their powers in relation to entry into Jersey, and the
removal from Jersey of persons refused leave to enter or entering or remaining
unlawfully; and
(d) the detention of persons
pending examination or pending removal from Jersey;
and for other purposes supplementary to the foregoing provisions of
this Act.
(3) The Minister may by
Order make provision as to the effect of a condition under this Act requiring a
person to register; and such Order may include provision –
(a) as to the body or
person by whom registers are to be maintained, and as to the form and content
of the registers;
(b) as to the body or
person with whom and as to the place and manner in which anyone is to register
and as to the documents and information to be furnished by him, whether on
registration or on any change of circumstances;
(c) as to the issue of
certificates of registration and as to the payment of fees for certificates of
registration;
and the Order may require anyone who is for the time being subject
to such a condition to produce a certificate of registration to such persons
and in such circumstances as may be prescribed by the Order.
(4) The Minister may by
Order make such provision as appears to him to be expedient in connection with
this Act for records to be made and kept of persons staying at hotels and other
premises where lodging or sleeping accommodation is provided, and for persons
(whether British citizens or not) who stay at any such premises to supply the
necessary information.
Procedure for, and further provisions as to, deportation.
5.–(1) Where
a person is under section 3(5) or (6) above liable to deportation, then subject
to the following provisions of this Act the Minister may make a deportation
order against him, that is to say an order requiring him to leave and
prohibiting him from entering Jersey; and a deportation order against a person
shall invalidate any leave to enter or remain in Jersey given him before the
order is made or while it is in force.
(2) A deportation order
against a person may at any time be revoked by a further order of the Minister,
and shall cease to have effect if he becomes a British citizen.
(3) A deportation order
shall not be made against a person as belonging to the family of another person
if more than eight weeks have elapsed since the other person left Jersey after
the making of the deportation order against him; and a deportation order made
against a person on that ground shall cease to have effect if he ceases to
belong to the family of the other person, or if the deportation order made
against the other person ceases to have effect.
(4) For the purposes of
deportation the following shall be those who are regarded as belonging to
another person’s family –
(a) where that other person
is a man, his wife or civil partner, and his or her children under the age of
eighteen; and
(b) where that other person
is a woman, her husband or civil partner, and her or his children under the age
of eighteen,
and for purposes of this subsection an adopted child, whether
legally adopted or not, may be treated as the child of the adopter and, if
legally adopted, shall be regarded as the child only of the adopter; an
illegitimate child (subject to the foregoing rule as to adoptions) shall be
regarded as the child of the mother; and “wife” includes each of two or more
wives.
(5) The provisions of
Schedule 3 to this Act shall have effect with respect to the removal from
Jersey of persons against whom deportation orders are in force and with respect
to the detention or control of persons in connection with deportation.
(6) Where a person is
liable to deportation under section 3(5) or (6) above but, without a
deportation order being made against him, leaves Jersey to live permanently
abroad, the Minister may make payments of such amounts as he may determine to
meet that person’s expenses in so leaving Jersey, including travelling expenses
for members of his family or household.
Recommendations by court for deportation.
6.–(1) Where
under section 3(6) above a person convicted of an offence is liable to
deportation on the recommendation of a court, he may be recommended for
deportation by any court having power to sentence him for the offence unless
the court commits him to be sentenced or further dealt with for that offence by
another court.
(2) A court shall not
recommend a person for deportation unless he has been given not less than seven
days’ notice in writing stating that a person is not liable to deportation if
he is a British citizen, describing the persons who are British citizens and
stating (so far as material) the effect of section 3(8) above and section 7
below; but the powers of a court to adjourn shall include power to adjourn,
after convicting an offender, for the purpose of enabling a notice to be given
to him under this subsection or, if a notice was so given to him less than
seven days previously, for the purpose of enabling the necessary seven days to
elapse.
(3) For purposes of section
3(6) above –
(a) a person shall be
deemed to have attained the age of seventeen at the time of his conviction if,
on consideration of any available evidence, he appears to have done so to the
court making or considering a recommendation for deportation; and
(b) the question whether an
offence is one for which a person is punishable with imprisonment shall be
determined without regard to any enactment restricting the imprisonment of
young offenders or persons who have not previously been sentenced to
imprisonment;
and for purposes of deportation a person who on being charged with
an offence is found to have committed it shall, notwithstanding any enactment
to the contrary and notwithstanding that the court does not proceed to
conviction, be regarded as a person convicted of the offence, and references to
conviction shall be construed accordingly.
(4) Notwithstanding any
rule of practice restricting the matters which ought to be taken into account
in dealing with an offender who is sentenced to imprisonment, a recommendation
for deportation may be made in respect of an offender who is sentenced to
imprisonment for life.
(5) Where a court
recommends or purports to recommend a person for deportation, the validity of
the recommendation shall not be called in question except on an appeal against
the recommendation or against the conviction on which it is made; but the
recommendation shall be treated as a sentence for the purpose of any enactment
providing an appeal against sentence.
(6) A deportation order
shall not be made on the recommendation of a court so long as an appeal or
further appeal is pending against the recommendation or against the conviction
on which it was made; and for this purpose an appeal or further appeal shall be
treated as pending (where one is competent but has not been brought) until the
expiration of the time for bringing that appeal.
Exemption from deportation for certain existing residents.
7.–(1) Notwithstanding
anything in section 3(5) or (6) above but subject to the provisions of this
section, a Commonwealth citizen or citizen of the Republic of Ireland who was
such a citizen at the coming into force of this Act and was then ordinarily
resident in Jersey –
(a) shall not be liable to
deportation under section 3(5) if at the time of the Minister’s decision he had
for the last five years been ordinarily resident in the United Kingdom and
Islands;
(b) shall not on conviction
of an offence be recommended for deportation under section 3(6) if at the time
of the conviction he had for the last five years been ordinarily resident in
the United Kingdom and Islands.
(2) A person who has at any
time become ordinarily resident in the United Kingdom or in any of the Islands
shall not be treated for the purposes of this section as having ceased to be so
by reason only of his having remained there in breach of the immigration laws.
(3) The “last five years”
before the material time under subsection (1)(a) or (b) above is to be taken as
a period amounting in total to five years exclusive of any time during which
the person claiming exemption under this section was undergoing imprisonment or
detention by virtue of a sentence passed for an offence on a conviction in the
United Kingdom and Islands, and the period for which he was imprisoned or
detained by virtue of the sentence amounted to six months or more.
(4) For purposes of
subsection (3) above –
(a) “sentence” includes any
order made on conviction of an offence; and
(b) two or more sentences
for consecutive (or partly consecutive) terms shall be treated as a single
sentence; and
(c) a person shall be
deemed to be detained by virtue of a sentence –
(i) at any time when he is
liable to imprisonment or detention by virtue of the sentence, but is
unlawfully at large; and
(ii) (unless the sentence
is passed after the material time) during any period of custody by which under
any relevant enactment the term to be served under the sentence is reduced.
In paragraph (c)(ii) above “relevant enactment” means the Criminal Procedure (Jersey)
Rules 2021 and any similar enactment which is for the time being or has
(before or after the passing of this Act) been in force in any part of the
United Kingdom and Islands.
(5) Nothing in this section
shall be taken to exclude the operation of section 3(8) above in relation to an
exemption under this section.
Exceptions for seamen, aircrews and other special cases.
8.–(1) Where
a person arrives at a place in Jersey as a member of the crew of a ship or
aircraft under an engagement requiring him to leave on that ship as a member of
the crew, or to leave within seven days on that or another aircraft as a member
of its crew, then unless either –
(a) there is in force a
deportation order made against him; or
(b) he has at any time been
refused leave to enter Jersey and has not since then been given leave to enter
or remain in Jersey; or
(c) an immigration officer
requires him to submit to examination in accordance with Schedule 2 to this
Act;
he may without leave enter Jersey at that place and remain until the
departure of the ship or aircraft on which he is required by his engagement to
leave.
(2) The Minister may order
that any person or class of persons be exempt, either unconditionally or
subject to such conditions as the Minister may impose, from all or any of the
provisions of this Act relating to those who are not British citizens.
An exemption under this section with respect to a class of persons
must be made by Order to which Article 11 of the Legislation (Jersey) Law 2021 shall apply.
(3) Subject to subsection
(3A) below, the provisions of this Act relating to those who are not British
citizens shall not apply to any person so long as he is a member of a mission
(within the meaning of the Privileges and Immunities
(Diplomatic, Consular, etc.) (Jersey) Law 1998), a person who is a member
of the family and forms part of the household of such a member, or a person
otherwise entitled to the like immunity from jurisdiction as is conferred by
that Law on a diplomatic agent.
(3A) For the purposes of
subsection (3), a member of a mission other than a diplomatic agent (as defined
by the 1998 Law) is not to count as a member of a mission unless –
(a) he was resident outside
Jersey, and was not in Jersey, when he was offered a post as such a member; and
(b) he has not ceased to be
such a member after having taken up the post.
(4) The provisions of this
Act relating to those who are not British citizens, other than the provisions
relating to deportation, shall also not apply to any person who falls within
Article 3(3) of the Armed Forces (Offences and
Jurisdiction) (Jersey) Law 2017.
(5) Where a person having a
limited leave to enter or remain in Jersey becomes entitled to an exemption
under this section, that leave shall continue to apply after he ceases to be
entitled to the exemption, unless it has by then expired or otherwise ceased to
be in force;
and a person is not to be regarded for purposes of this Act as
having been settled in Jersey at any time when he was entitled under the former
immigration laws to any exemption corresponding to any of those afforded by
subsection (3) or (4)(b) or (c) above or ordered under subsection (2) above.
(5A) An exemption ordered
under subsection (2) above may, as regards any person or class of persons to
whom it applies, provide for that person or class to be in specified
circumstances regarded (notwithstanding the order) as settled in Jersey for the
purposes of section 1(1) of the British Nationality Act 1981.
Persons ceasing to be exempt.
8A.–(1) A
person is exempt for the purposes of this section if he is exempt from
provisions of this Act as a result of section 8(2) or (3).
(2) If a person who is
exempt –
(a) ceases to be exempt,
and
(b) requires leave to enter
or remain in Jersey as a result,
he is to be treated as if he had been given leave to remain in
Jersey for a period of 90 days beginning on the day on which he ceased to be
exempt.
(3) If –
(a) a person who is exempt
ceases to be exempt, and
(b) there is in force in
respect of him leave for him to enter or remain in Jersey which expires before
the end of the period mentioned in subsection (2),
his leave is to be treated as expiring at the end of that period.
(4) References in this
section to a person who ceases to be exempt do not include a person who ceases
to be exempt by virtue of section 8B(3).
Persons excluded from Jersey under certain instruments.
8B.–(1) An
excluded person must be refused –
(a) leave to enter Jersey;
(b) leave to remain in
Jersey,
(and any leave given to a person who is an excluded person is
invalid).
(2) A person’s leave to
enter or remain in Jersey is cancelled on his becoming an excluded person.
(3) Any exemption of a
person from the provisions of this Act under section 8(1), (2) or (3) does not
apply while the person is an excluded person.
(4) “Excluded person” means –
(a) a person named by or
under, or of a description specified in, an instrument falling within
subsection (5), or
(b) a person who is an
excluded person in accordance with a provision falling within subsection (A5).
(5) An instrument falls within
this subsection if it is a resolution of the Security Council of the United
Nations and it –
(a) requires that a person
is not to be admitted to Jersey (however that requirement is expressed); or
(b) recommends that a
person should not be admitted to Jersey (however that recommendation is
expressed).
(A5) A provision falls within
this subsection if it is a provision of an Order under Article 3 of the Sanctions and Asset-Freezing
(Jersey) Law 2019 under which a person is an excluded person for the purposes of this
section.
(5A) Subsection (1), (2) or
(3) does not apply to a person if –
(a) the application of that
subsection to that person would be contrary to the obligations by which Jersey
is bound under –
(i) the Human Rights
Convention (within the meaning given by section 167(1) of the Immigration and
Asylum Act 1999), or
(ii) the Refugee
Convention (within the meaning given by that provision), or
(b) the person is within
subsection (4)(a) and not within subsection (4)(b) and has been exempted from
the application of subsection (1), (2) or (3), as the case may be, under a
process applying by virtue of the instrument falling within subsection (5).
(5B) In relation to any
person within subsection (4)(b), subsections (1) to (3) are subject to any
exception created under, or direction given by virtue of, a provision falling
within subsection (A5).
Further provisions as to common travel area.
9.–(1) Schedule
4 to this Act shall have effect for the purpose of taking account in Jersey of
the operation in the United Kingdom, Guernsey or the Isle of Man of the
immigration laws there.
(2) Persons who lawfully
enter Jersey on a local journey from a place in the common travel area after
having either –
(a) entered the United
Kingdom, Guernsey or the Isle of Man or the Republic of Ireland on coming from
a place outside the common travel area; or
(b) left Jersey while
having a limited leave to enter or remain which has since expired;
if they are not British citizens or Irish citizens (and are not to
be regarded under Schedule 4 to this Act as having leave to enter Jersey),
shall be subject in Jersey to such restrictions on the period for which they
may remain, and such conditions restricting their employment or occupation or
requiring them to register as provided under section 4(3) above or both, as may
be imposed by an Order of the Minister and may be applicable to them.
(3) Any provision of this
Act applying to a limited leave or to conditions attached to a limited leave
shall, unless otherwise provided, have effect in relation to a person subject
to any restriction or condition by virtue of an Order under subsection (2)
above as if the provisions of the Order applicable to him were terms on which he
had been given leave under this Act to enter Jersey.
(4) Section 1(3) above
shall not be taken to affect the operation of a deportation order; and, subject
to Schedule 4 to this Act, a person who is not a British citizen or an Irish
citizen may not by virtue of section 1(3) enter Jersey without leave on a local
journey from a place in the common travel area if either –
(a) he is on arrival in
Jersey given notice by an immigration officer stating that, the Minister having
issued directions for him not to be given entry to Jersey on the ground that
his exclusion is conducive to the public good, he is accordingly refused leave
to enter Jersey; or
(b) he has at any time been
refused leave to enter Jersey and has not since then been given leave to enter
or remain in Jersey.
(5) The Minister may by
Order exclude Guernsey or the Isle of Man from section 1(3) above for such
purposes as may be specified in the Order where, by reason of differences
between the immigration laws of the United Kingdom and the relevant island, the
Secretary of State has done so, and references in this Act to the Islands shall
apply to the island so excluded so far only as is provided by the Order.
(6) The Minister shall also
have power by Order to exclude the Republic of Ireland from section 1(3) for
such purposes as may be specified in the Order.
Construction of references to entry, and other phrases relating to
travel.
11.–(1) A
person arriving in Jersey by ship or aircraft shall for purposes of this Act be
deemed not to enter Jersey unless and until he disembarks, and on
disembarkation at a port shall further be deemed not to enter Jersey so long as
he remains in such area (if any) at the port as may be approved for this
purpose by an immigration officer; and a person who has not otherwise entered
Jersey shall be deemed not to do so as long as he is detained, or temporarily
admitted or released while liable to detention, under the powers conferred by
Schedule 2 to this Act or section 62 of the Nationality, Immigration and Asylum
Act 2002.
(2) In this Act “disembark”
means disembark from a ship or aircraft, and “embark” means embark in a ship or
aircraft; and, except in subsection (1) above –
(a) references to
disembarking in Jersey do not apply to disembarking after a local journey from
a place in Jersey or elsewhere in the common travel area; and
(b) references to embarking
in Jersey do not apply to embarking for a local journey to a place in Jersey or
elsewhere in the common travel area.
(3) Except in so far as the
context otherwise requires, references in this Act to arriving in Jersey by
ship shall extend to arrival by any floating structure, and “disembark” shall
be construed accordingly; but the provisions of this Act specially relating to
members of the crew of a ship shall not by virtue of this provision apply in
relation to any floating structure not being a ship.
(4) For purposes of this
Act “common travel area” has the meaning given by section 1(3), and a journey
is, in relation to the common travel area, a local journey if but only if it
begins and ends in the common travel area and is not made by a ship or aircraft
which –
(a) in the case of a
journey to a place in Jersey, began its voyage from, or has during its voyage
called at, a place not in the common travel area; or
(b) in the case of a
journey from a place in Jersey, is due to end its voyage in, or call in the
course of its voyage at, a place not in the common travel area.
(5) A person who enters
Jersey lawfully by virtue of section 8(1) above, and seeks to remain beyond the
time limited by section 8(1), shall be treated for purposes of this Act as
seeking to enter Jersey.
PART III
CRIMINAL PROCEEDINGS
Illegal entry and similar offences.
24.–(1) A
person who is not a British citizen shall be guilty of an offence punishable
with a fine of not more than level 3 on the standard scale or with imprisonment
for not more than six months, or with both, in any of the following cases –
(a) if contrary to this Act
he knowingly enters Jersey in breach of a deportation order or without leave;
(b) if, having only a
limited leave to enter or remain in Jersey, he knowingly either –
(i) remains beyond the
time limited by the leave; or
(ii) fails to observe
condition of the leave;
(c) if, having lawfully
entered Jersey without leave by virtue of section 8(1) above, he remains
without leave beyond the time allowed by section 8(1);
(d) 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 health, or to attend, or submit
to a test or examination, as required by such an officer;
(e) if, without reasonable
excuse, he fails to observe any restriction imposed on him under Schedule 2 or
3 to this Act as to residence, as to his employment or occupation or as to
reporting to the police or to an immigration officer;
(f) if he disembarks in
Jersey 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 Jersey;
(g) if he embarks in
contravention of a restriction imposed by or under an Order in Council under
section 3(7) of this Act.
(1A) A person commits an
offence under subsection (1)(b)(i) 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 Jersey thereafter; but a person shall not be
prosecuted under that provision more than once in respect of the same limited
leave.
(4) In proceedings for an
offence against subsection (1)(a) above of entering Jersey without leave –
(a) 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;
(b) proof that a person had
leave to enter Jersey shall lie on the defence if, but only if, he is shown to
have entered within six months before the date when the proceedings were
commenced.
Deception.
24A.–(1) A
person who is not a British citizen is guilty of an offence if, by means which
include deception by him –
(a) he obtains or seeks to
obtain leave to enter or remain in Jersey; or
(b) he secures or seeks to
secure the avoidance, postponement or revocation of enforcement action against
him.
(2) “Enforcement action”,
in relation to a person, means –
(a) the giving of
directions for his removal from Jersey (“directions”) under Schedule 2 to this
Act or section 10 of the Immigration and Asylum Act 1999;
(b) the making of a
deportation order against him under section 5 of this Act; or
(c) his removal from Jersey
in consequence of directions or a deportation order.
(3) A person guilty of an
offence under this section is liable to imprisonment for a term not exceeding
two years or to a fine, or to both.
Assisting unlawful immigration.
25.–(1) A
person commits an offence if he –
(a) does an act which
facilitates the commission of a breach or attempted breach of the immigration
laws by an individual who is not a person to whom subsection (2) applies,
(b) knows or has reasonable
cause for believing that the act facilitates the commission of a breach or
attempted breach of the immigration laws by the individual, and
(c) knows or has reasonable
cause for believing that the individual is not a person to whom subsection (2)
applies.
(2) This subsection applies
to –
(a) a British citizen;
(b) a person who is a
British subject by virtue of Part 4 of the British Nationality Act 1981 and who
has the right of abode in Jersey; or
(c) a person who is a
British overseas territories citizen by virtue of a connection with Gibraltar.
(3) Subsection (1) applies
to things done whether inside or outside Jersey.
(4) A person guilty of an
offence under this section shall be liable to imprisonment for a term not
exceeding 14 years, to a fine or to both.
Helping asylum-seeker to enter Jersey.
25A.–(1) A
person commits an offence if –
(a) he knowingly and for
gain facilitates the arrival or attempted arrival in, or the entry or attempted
entry into, Jersey of an individual, and
(b) he knows or has
reasonable cause to believe that the individual is an asylum-seeker.
(2) In this section
“asylum-seeker” means a person who intends to claim that to remove him from or
require him to leave Jersey would be contrary to the United Kingdom’s
obligations on behalf of Jersey under –
(a) the Refugee Convention
(within the meaning given by section 167(1) of the Immigration and Asylum Act
1999 (interpretation)), or
(b) the Human Rights
Convention (within the meaning given by that section).
(3) Subsection (1) does not
apply to anything done by a person acting on behalf of an organisation which –
(a) aims to assist
asylum-seekers, and
(b) does not charge for its
services.
(4) Subsections (3) and (4)
of section 25 apply for the purpose of the offence in subsection (1) of this
section as they apply for the purpose of the offence in subsection (1) of that
section.
Forfeiture of vehicle, ship or aircraft.
25C.–(1) This
section applies where a person is convicted of an offence under section 25
or25A.
(2) The court may order the
forfeiture of a vehicle used or intended to be used in connection with the
offence if the convicted person –
(a) owned the vehicle at
the time the offence was committed,
(b) was at that time a
director, secretary or manager of a company which owned the vehicle,
(c) was at that time in
possession of the vehicle under a hire-purchase agreement,
(d) was at that time a
director, secretary or manager of a company which was in possession of the
vehicle under a hire-purchase agreement, or
(e) was driving the vehicle
in the course of the commission of the offence.
(3) The court may order the
forfeiture of a ship or aircraft used or intended to be used in connection with
the offence if the convicted person –
(a) owned the ship or
aircraft at the time the offence was committed,
(b) was at that time a
director, secretary or manager of a company which owned the ship or aircraft,
(c) was at that time in
possession of the ship or aircraft under a hire-purchase agreement,
(d) was at that time a
director, secretary or manager of a company which was in possession of the ship
or aircraft under a hire-purchase agreement,
(e) was at that time a charterer
of the ship or aircraft, or
(f) committed the offence
while acting as captain of the ship or aircraft.
(4) But in a case to which
subsection (3)(a) or (b) does not apply, forfeiture may be ordered only –
(a) in the case of a ship,
if subsection (5) or (6) applies;
(b) in the case of an
aircraft, if subsection (5) or (7) applies.
(5) This subsection applies
where –
(a) in the course of the
commission of the offence, the ship or aircraft carried more than 20 illegal
entrants, and
(b) a person who, at the
time the offence was committed, owned the ship or aircraft or was a director,
secretary or manager of a company which owned it, knew or ought to have known
of the intention to use it in the course of the commission of an offence under
section 25 or 25A.
(6) This subsection applies
where a ship’s gross tonnage is less than 500 tons.
(7) This subsection applies
where the maximum weight at which an aircraft (which is not a hovercraft) may
take off in accordance with its certificate of airworthiness is less than 5,700
kilogrammes.
(8) Where a person who
claims to have an interest in a vehicle, ship or aircraft applies to a court to
make representations on the question of forfeiture, the court may not make an
order under this section in respect of the ship, aircraft or vehicle unless the
person has been given an opportunity to make representations.
(9) In the case of an
offence under section 25, the reference in subsection (5)(a) to an illegal
entrant shall be taken to include a reference to an individual who is a
passenger for the purpose of section 145 of the Nationality, Immigration and
Asylum Act 2002 (traffic in prostitution).
(10) In the case of an
offence under section 25A, the reference in subsection (5)(a) to an illegal
entrant shall be taken to include a reference to –
(a) an asylum-seeker
(within the meaning of that section), and
(b) an individual who is a
passenger for the purpose of section 145(1) of the Nationality, Immigration and
Asylum Act 2002.
Detention of ship, aircraft or vehicle.
25D.–(1) If
a person has been arrested for an offence under section 25 or 25A, a senior
officer or a police officer may detain a relevant ship, aircraft or vehicle –
(a) until a decision is
taken as to whether or not to charge the arrested person with that offence; or
(b) if the arrested person
has been charged –
(i) until he is acquitted,
the charge against him is dismissed or the proceedings are discontinued; or
(ii) if he has been
convicted, until the court decides whether or not to order forfeiture of the
ship, aircraft or vehicle.
(2) A ship, aircraft or
vehicle is a relevant ship, aircraft or vehicle, in relation to an arrested
person, if it is one which the officer or police officer concerned has
reasonable grounds for believing could, on conviction of the arrested person
for the offence for which he was arrested, be the subject of an order for
forfeiture made under section 25C.
(3) A person (other than
the arrested person) may apply to the court for the release of a ship, aircraft
or vehicle on the grounds that –
(a) he owns the ship,
aircraft or vehicle,
(b) he was, immediately
before the detention of the ship, aircraft or vehicle, in possession of it
under a hire-purchase agreement, or
(c) he is a charterer of
the ship or aircraft.
(4) The court to which an application
is made under subsection (3) may, on such security or surety being tendered as
it considers satisfactory, release the ship, aircraft or vehicle on condition
that it is made available to the court if –
(a) the arrested person is
convicted; and
(b) an order for its
forfeiture is made under section 25C.
(5) “Court” means –
(a) if the arrested person
has not been charged, or he has been charged but proceedings for the offence
have not begun to be heard, the Magistrate’s Court;
(b) if he has been charged
and proceedings for the offence are being heard, the court hearing the
proceedings.
(6) “Senior officer” means
an immigration officer not below the rank of chief immigration officer.
General offences in connection with administration of Act.
26.–(1) A
person shall be guilty of an offence punishable with a fine of not more than
level 3 on the standard scale or with imprisonment for not more than twelve months,
or with both, in any of the following cases –
(a) if, without reasonable
excuse, he refuses or fails to submit to examination under Schedule 2 to this
Act;
(b) if, without reasonable
excuse, he refuses to fails to furnish or produce any information in his
possession, or any documents in his possession or control, which he is on an
examination under that Schedule required to furnish or produce;
(c) if on any such
examination or otherwise he makes or causes to be made to an immigration
officer or other person lawfully acting in the execution of a relevant
enactment a return, statement or representation which he knows to be false or
does not believe to be true;
(d) if, without lawful
authority, he alters any certificate of entitlement, entry clearance, work
permit or other document issued or made under or for the purposes of this Act,
or uses for the purposes of this Act, or has in his possession for such use,
any passport, certificate of entitlement, entry clearance, work permit or other
document which he knows or has reasonable cause to believe to be false;
(e) if, without reasonable
excuse, he fails to complete and produce a landing or embarkation card in
accordance with any Order under Schedule 2 to this Act;
(f) if, without reasonable
excuse, he fails to comply with any requirement of an Order under section 4(3)
or of an Order under section 4(4) above;
(g) if, without reasonable
excuse, he obstructs an immigration officer or other person lawfully acting in
the execution of this Act.
(2) “Relevant enactment”
means –
(a) this Act;
(b) the Immigration Act
1988;
(c) the Immigration and
Asylum Act 1999; or
(d) the Nationality,
Immigration and Asylum Act 2002.
Registration card.
26A.–(1) In
this section “registration card” means a document which –
(a) carries information
about a person (whether or not wholly or partly electronically), and
(b) is issued by the
Minister to the person wholly or partly in connection with a claim for asylum
(whether or not made by that person).
(2) In subsection (1)
“claim for asylum” means a claim by a person that to remove him from or require
him to leave Jersey would be contrary to the United Kingdom’s obligations in
respect of Jersey under –
(a) the Convention relating
to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol, or
(b) Article 3 of the
Convention for the Protection of Human Rights and Fundamental Freedoms agreed
by the Council of Europe at Rome on 4th November 1950.
(3) A person commits an
offence if he –
(a) makes a false
registration card,
(b) alters a registration
card with intent to deceive or to enable another to deceive,
(c) has a false or altered
registration card in his possession without reasonable excuse,
(d) uses or attempts to use
a false registration card for a purpose for which a registration card is
issued,
(e) uses or attempts to use
an altered registration card with intent to deceive,
(f) makes an article
designed to be used in making a false registration card,
(g) makes an article
designed to be used in altering a registration card with intent to deceive or
to enable another to deceive, or
(h) has an article within
paragraph (f) or (g) in his possession without reasonable excuse.
(4) In subsection (3)
“false registration card” means a document which is designed to appear to be a
registration card.
(5) A person who is guilty
of an offence under subsection (3)(a), (b), (d), (e), (f) or (g) shall be
liable to imprisonment for a term not exceeding ten years, to a fine or to
both.
(6) A person who is guilty
of an offence under subsection (3)(c) or (h) shall be liable to imprisonment
for a term not exceeding two years, to a fine or to both.
(7) The States may by
Regulations –
(a) amend the definition of
“registration card” in subsection (1);
(b) make consequential
amendment of this section.
Possession of immigration stamp.
26B.–(1) A
person commits an offence if he has an immigration stamp in his possession
without reasonable excuse.
(2) A person commits an
offence if he has a replica immigration stamp in his possession without
reasonable excuse.
(3) In this section –
(a) “immigration stamp”
means a device which is designed for the purpose of stamping documents in the
exercise of an immigration function,
(b) “replica immigration
stamp” means a device which is designed for the purpose of stamping a document
so that it appears to have been stamped in the exercise of an immigration
function, and
(c) “immigration function”
means a function of an immigration officer or the Secretary of State under the
Immigration Acts.
(4) A person who is guilty
of an offence under this section shall be liable to imprisonment for a term not
exceeding two years, to a fine or to both.
Offences by persons connected with ships or aircraft or with ports.
27.–(1) A
person shall be guilty of an offence punishable with a fine of not more than
level 3 on the standard scale or with imprisonment for not more than twelve
months, or with both, in any of the following cases –
(a) if, being the captain
of a ship or aircraft, –
(i) he knowingly permits a
person to disembark in Jersey when required under Schedule 2 or 3 to this Act
to prevent it, or fails without reasonable excuse to take any steps he is
required by or under Schedule 2 to take in connection with the disembarkation
or examination of passengers or for furnishing a passenger list or particulars
of members of the crew; or
(ii) he fails, without
reasonable excuse, to comply with any directions given him under Schedule 2 or
3 or under the Immigration and Asylum Act 1999 with respect to the removal of a
person from Jersey;
(b) if, as owner or agent
of a ship or aircraft, –
(i) he arranges, or is
knowingly concerned in any arrangements, for the ship or aircraft to call at a
port other than a port of entry contrary to any provision of Schedule 2 to this
Act; or
(ii) he fails, without
reasonable excuse, to take any steps required by an order under Schedule 2 for
the supply to passengers of landing or embarkation cards; or
(iii) he fails, without
reasonable excuse, to make arrangements for or in connection with the removal
of a person from Jersey when required to do so by directions given under
Schedule 2 or 3 to this Act or under the Immigration and Asylum Act 1999; or
(iiia) he fails, without
reasonable excuse, to comply with a direction under paragraph 5B of Schedule 2;
or
(iv) he fails, without
reasonable excuse, to comply with any other requirement imposed by or under Schedule
2;
(c) if, as a person
concerned in the management of a port, he fails, without reasonable excuse to
take any steps required by Schedule 2 in relation to the embarkation or
disembarkation of passengers where a control area is designated; or
(ca) if as a person concerned
in the management of a port he fails, without reasonable excuse, to comply with
a direction under paragraph 5B of Schedule 2.
(2) Proceedings may not be
instituted against a person under subsection (1)(a)(i) or (1)(b)(iv) for a
failure to provide information or otherwise to comply with a requirement
imposed under paragraph 27, 27B or 27BA of Schedule 2 where –
(a) the person has paid a
penalty in respect of the same failure, or a failure to provide the same
information, by virtue of an Order made under –
(i) paragraph 27BB of
Schedule 2,
(ii) section 32B of the
Immigration, Asylum and Nationality Act 2006, or
(iii) section 24 of the
Counter-Terrorism and Security Act 2015 (penalty for breach of
authority-to-carry scheme); or
(b) proceedings have been
instituted against the person under section 34 of the Immigration, Asylum and
Nationality Act 2006 in respect of a failure to provide the same information.
Proceedings.
28.–(4) Any powers exercisable under this Act in the
case of any person may be exercised notwithstanding that proceedings for an
offence under this Part of this Act have been taken against him.
Arrest without warrant.
28A.–(1) An
immigration officer may arrest without warrant a person –
(a) who has committed or
attempted to commit an offence under section 24 or 24A; or
(b) whom he has reasonable
grounds for suspecting has committed or attempted to commit such an offence.
(2) But subsection (1) does
not apply in relation to an offence under section 24(1)(d).
(3) An immigration officer
may arrest without warrant a person –
(a) who has committed or
attempted to commit an offence under section 25 or 25A; or
(b) whom he has reasonable
grounds for suspecting has committed or attempted to commit that offence.
(5) An immigration officer
may arrest without warrant a person (“the suspect”) who, or whom he has
reasonable grounds for suspecting –
(a) has committed or
attempted to commit an offence under section 26(1)(g); or
(b) is committing or
attempting to commit that offence.
(6) The power conferred by
subsection (5) is exercisable only if either the first or the second condition
is satisfied.
(7) The first condition is
that it appears to the officer that service of a summons is impracticable or
inappropriate because –
(a) he does not know, and
cannot readily discover, the suspect’s name;
(b) he has reasonable
grounds for doubting whether a name given by the suspect as his name is his
real name;
(c) the suspect has failed
to give him a satisfactory address for service; or
(d) he has reasonable
grounds for doubting whether an address given by the suspect is a satisfactory
address for service.
(8) The second condition is
that the officer has reasonable grounds for believing that arrest is necessary
to prevent the suspect –
(a) causing physical injury
to himself or another person;
(b) suffering physical
injury; or
(c) causing loss of or
damage to property.
(9) For the purposes of
subsection (7), an address is a satisfactory address for service if it appears
to the officer –
(a) that the suspect will
be at that address for a sufficiently long period for it to be possible to
serve him with a summons (or copy complaint); or
(b) that some other person
specified by the suspect will accept service of a summons (or copy complaint)
for the suspect at that address.
(9A) An immigration officer
may arrest without warrant a person –
(a) who has committed an
offence under section 26A or 26B; or
(b) whom he has reasonable
grounds for suspecting has committed an offence under section 26A or 26B.
(10) In relation to the
exercise of the powers conferred by subsections (3)(b) and (5), it is
immaterial that no offence has been committed.
Arrest with warrant.
28AA.–(1) This
section applies if on an application by an immigration officer the Bailiff is
satisfied that there are reasonable grounds for suspecting that a person has
committed an offence under section 24(1)(d).
(2) The Bailiff may grant a
warrant authorising any immigration officer to arrest the person.
Search and arrest by warrant.
28B.–(1) Subsection
(2) applies if the Bailiff is satified by evidence on oath that there are
reasonable grounds for suspecting that a person (“the suspect”) who is liable
to be arrested for a relevant offence is to be found on any premises.
(2) The Bailiff may grant a
warrant authorising any immigration officer or police officer to enter, if need
be by force, the premises named in the warrant for the purpose of searching for
and arresting the suspect.
(3) “Relevant offence”
means an offence under section 24(1)(a), (b), (c), (d) or (f), 24A,26A or 26B.
Search and arrest without warrant.
28C.–(1) An
immigration officer may enter and search any premises for the purpose of
arresting a person for an offence under section 25 or 25A.
(2) The power may be
exercised –
(a) only to the extent that
it is reasonably required for that purpose; and
(b) only if the officer has
reasonable grounds for believing that the person whom he is seeking is on the
premises.
(3) In relation to premises
consisting of two or more separate dwellings, the power is limited to entering
and searching –
(a) any parts of the
premises which the occupiers of any dwelling comprised in the premises use in
common with the occupiers of any such other dwelling; and
(b) any such dwelling in
which the officer has reasonable grounds for believing that the person whom he
is seeking may be.
(4) The power may be
exercised only if the officer produces identification showing that he is an
immigration officer (whether or not he is asked to do so).
Entry and search of premises.
28D.–(1) If,
on an application made by an immigration officer, the Bailiff is satisfied that
there are reasonable grounds for believing that –
(a) a relevant offence has
been committed,
(b) there is material on
premises mentioned in subsection (1A) which is likely to be of substantial
value (whether by itself or together with other material) to the investigation
of the offence,
(c) the material is likely
to be relevant evidence,
(d) the material does not
consist of or include items subject to legal privilege, excluded material or
special procedure material, and
(e) any of the conditions
specified in subsection (2) applies, in relation to each set of premises
specified in the application,
he may issue a warrant authorising an immigration officer to enter
and search the premises.
(1A) The premises referred to
in subsection (1)(b) above are –
(a) one or more sets of
premises specified in the application, or
(b) subject to subsection
(2A), any premises occupied or controlled by a person specified in the application,
including such sets of premises as are so specified (in which case the
application is for an “all premises warrant”).
(1B) If the application is
for an all premises warrant, the Bailiff must also be satisfied –
(a) that because of the
particulars of the offence referred to in paragraph (a) of subsection (1),
there are reasonable grounds for believing that it is necessary to search
premises occupied or controlled by the person in question which are not
specified in the application in order to find the material referred to in
paragraph (b) of that subsection, and
(b) that it is not
reasonably practicable to specify in the application all the premises which the
person occupies or controls and which might need to be searched.
(1C) The warrant may authorise
entry to and search of premises on more than one occasion if, on the
application, the Bailiff is satisfied that it is necessary to authorise
multiple entries in order to achieve the purpose for which the Bailiff issues
the warrant.
(1D) If it authorises
multiple entries, the number of entries authorised may be unlimited, or limited
to a maximum.
(2) The conditions referred
to in subsection (1)(e) are that –
(a) it is not practicable
to communicate with any person entitled to grant entry to the premises;
(b) it is practicable to
communicate with a person entitled to grant entry to the premises but it is not
practicable to communicate with any person entitled to grant access to the
evidence;
(c) entry to the premises
will not be granted unless a warrant is produced;
(d) he purpose of a search
may be frustrated or seriously prejudiced unless an immigration officer
arriving at the premises can secure immediate entry to them.
(3) An immigration officer
may seize and retain anything for which a search has been authorised under
subsection (1).
(4) “Relevant offence”
means an offence under section 24(1)(a), (b), (c), (d), (f) or (h), 24A, 25,
25A, 26A or 26B.
(5) Expressions which are
given a meaning by the Police Procedures and
Criminal Evidence (Jersey) Law 2003 have the same meaning when used in this section.
Entry and search of premises following arrest.
28E.–(1) This
section applies if a person is arrested for an offence under this Part at a
place other than a police station.
(2) An immigration officer
may enter and search any premises –
(a) in which the person was
when arrested, or
(b) in which he was
immediately before he was arrested,
for evidence relating to the offence for which the arrest was made
(“relevant evidence”).
(3) The power may be
exercised –
(a) only if the officer has
reasonable grounds for believing that there is relevant evidence on the
premises; and
(b) only to the extent that
it is reasonably required for the purpose of discovering relevant evidence.
(4) In relation to premises
consisting of two or more separate dwellings, the power is limited to entering
and searching –
(a) any dwelling in which
the arrest took place or in which the arrested person was immediately before
his arrest; and
(b) any parts of the
premises which the occupier of any such dwelling uses in common with the
occupiers of any other dwellings comprised in the premises.
(5) An officer searching
premises under subsection (2) may seize and retain anything he finds which he
has reasonable grounds for believing is relevant evidence.
(6) Subsection (5) does not
apply to items which the officer has reasonable grounds for believing are items
subject to legal privilege.
Entry and search of premises following arrest under section 25 or
25A.
28F.–(1) An
immigration officer may enter and search any premises occupied or controlled by
a person arrested for an offence under section 25 or 25A.
(2) The power may be
exercised –
(a) only if the officer has
reasonable grounds for suspecting that there is relevant evidence on the
premises;
(b) only to the extent that
it is reasonably required for the purpose of discovering relevant evidence; and
(c) subject to subsection
(3), only if a senior officer has authorised it in writing.
(3) The power may be
exercised –
(a) before taking the
arrested person to a place where he is to be detained; and
(b) without obtaining an
authorisation under subsection (2)(c),
if the presence of that person at a place other than one where he is
to be detained is necessary for the effective investigation of the offence.
(4) An officer who has
relied on subsection (3) must inform a senior officer as soon as is
practicable.
(5) The officer authorising
a search, or who is informed of one under subsection (4), must make a record in
writing of –
(a) the grounds for the
search; and
(b) the nature of the
evidence that was sought.
(6) An officer searching
premises under this section may seize and retain anything he finds which he has
reasonable grounds for suspecting is relevant evidence.
(7) “Relevant evidence”
means evidence, other than items subject to legal privilege, that relates to
the offence in question.
(8) “Senior officer” means
immigration officer not below the rank of chief immigration officer.
Search for personnel records: with warrant.
28FB.–(1) This
section applies where on an application made by an immigration officer in
respect of business premises mentioned in subsection (1A) the Bailiff is
satisfied that there are reasonable grounds for believing –
(a) that an employer has
provided inaccurate or incomplete information under section 134 of the
Nationality, Immigration and Asylum Act 2002 (compulsory disclosure by
employer),
(b) that employee records,
other than items subject to legal privilege, will be found on the premises and
will enable deduction of some or all of the information which the employer was
required to provide, and
(c) that at least one of
the conditions in subsection (2) is satisfied in relation to each set of
premises specified in the application.
(1A) The premises referred to
in subsection (1) above are –
(a) one or more sets of
premises specified in the application, or
(b) any premises occupied
or controlled by a person specified in the application, including such sets of
premises as are so specified (in which case the application is for an “all
premises warrant”).
(1B) If the application is
for an all premises warrant, the Bailiff must also be satisfied –
(a) that there are
reasonable grounds for believing that it is necessary to search premises
occupied or controlled by the person in question which are not specified in the
application in order to find the records referred to in subsection (1)(b), and
(b) that it is not reasonably
practicable to specify in the application all the premises which the person
occupies or controls and which might need to be searched.
(2) The conditions referred
to in subsection (1)(c) are –
(a) that it is not
practicable to communicate with a person entitled to grant access to the
premises,
(b) that it is not
practicable to communicate with a person entitled to grant access to the
records,
(c) that entry to the
premises or access to the records will not be granted unless a warrant is
produced, and
(d) that the purpose of a
search may be frustrated or seriously prejudiced unless an immigration officer
arriving at the premises can secure immediate entry.
(3) The Bailiff may issue a
warrant authorising an immigration officer to enter and search the premises.
(3A) Subject to subsection
(3C), the warrant may authorise entry to and search of premises on more than
one occasion if, on the application, the Bailiff is satisfied that it is
necessary to authorise multiple entries in order to achieve the purpose for
which the Bailiff issues the warrant.
(3B) If it authorises
multiple entries, the number of entries authorised may be unlimited, or limited
to a maximum.
(5) An immigration officer
searching premises under a warrant issued under this section may seize and
retain employee records, other than items subject to legal privilege, which he
reasonably suspects will be of substantial value (whether on their own or
together with other material) in the investigation of an offence under section
137 of the Nationality, Immigration and Asylum Act 2002 (disclosure of
information: offences) in respect of a requirement under section 134 of that
Act.
Searching arrested persons.
28G.–(1) This section applies if a person is arrested for an offence
under this Part at a place other than a police station.
(2) An immigration officer
may search the arrested person if he has reasonable grounds for believing that
the arrested person may present a danger to himself or others
(3) The officer may search
the arrested person for –
(a) anything which he might
use to assist his escape from lawful custody; or
(b) anything which might be
evidence relating to the offence for which he has been arrested.
(4) The power conferred by
subsection (3) may be exercised –
(a) only if the officer has
reasonable grounds for believing that the arrested person may have concealed on
him anything of a kind mentioned in that subsection; and
(b) only to the extent that
it is reasonably required for the purpose of discovering any such thing.
(5) A power conferred by
this section to search a person is not to be read as authorising an officer to
require a person to remove any of his clothing in public other than an outer
coat, jacket or glove; but it does authorise the search of a person’s mouth.
(6) An officer searching a
person under subsection (2) may seize and retain anything he finds, if he has
reasonable grounds for believing that that person might use it to cause
physical injury to himself or to another person.
(7) An officer searching a
person under subsection (3) may seize and retain anything he finds, if he has
reasonable grounds for believing –
(a) that that person might
use it to assist his escape from lawful custody; or
(b) that it is evidence
which relates to the offence in question.
(8) Subsection (7)(b) does
not apply to an item subject to legal privilege.
Searching persons in police custody.
28H.–(1) This
section applies if a person –
(a) has been arrested for
an offence under this Part; and
(b) is in custody at a
police station or in police detention at a place other than a police station.
(2) An immigration officer
may, at any time, search the arrested person in order to see whether he has
with him anything –
(a) which he might use to –
(i) cause physical injury
to himself or others;
(ii) damage property;
(iii) interfere with
evidence; or
(iv) assist his escape; or
(b) which the officer has
reasonable grounds for believing is evidence relating to the offence in
question.
(3) The power may be
exercised only to the extent that the custody officer concerned considers it to
be necessary for the purpose of discovering anything of a kind mentioned in
subsection (2).
(4) An officer searching a
person under this section may seize anything he finds, if he has reasonable
grounds for believing that –
(a) that person might use
it for one or more of the purposes mentioned in subsection (2)(a); or
(b) it is evidence relating
to the offence in question.
(5) Anything seized under
subsection (4)(a) may be retained by the police.
(6) Anything seized under
subsection (4)(b) may be retained by an immigration officer.
(7) The person from whom
something is seized must be told the reason for the seizure unless he is –
(a) violent or appears
likely to become violent; or
(b) incapable of
understanding what is said to him.
(8) An intimate search may
not be conducted under this section.
(9) The person carrying out
a search under this section must be of the same sex as the person searched.
(10) “Custody officer” means
the officer in charge of a police station.
(11) “Intimate search” has
the meaning given by Article 1 of the Police Procedures and
Criminal Evidence (Jersey) Law 2003.
(12) “Police detention” has
the meaning given by Article 2 of the Police Procedures and
Criminal Evidence (Jersey) Law 2003.
Retention of seized material.
28ZI.–(1) This
section applies to anything seized by an immigration officer under this Part for
the purposes of the investigation of an offence or on the basis that it may be
evidence relating to an offence.
(2) Anything seized as
mentioned in subsection (1) may be retained so long as is necessary in all the
circumstances and in particular –
(a) may be retained, except
as provided for by subsection (3) –
(i) for use as evidence at
a trial for an offence, or
(ii) for forensic
examination or for investigation in connection with an offence, and
(b) may be retained in
order to establish its lawful owner, where there are reasonable grounds for
believing that it has been obtained in consequence of the commission of an
offence.
(3) Nothing may be retained
for a purpose mentioned in subsection (2)(a) if a photograph or copy would be
sufficient for that purpose.
Seized material: access and copying.
28I.–(1) If
a person showing himself –
(a) to be the occupier of
the premises on which seized material was seized, or
(b) to have had custody or
control of the material immediately before it was seized, asks the immigration
officer who seized the material for a record of what he seized, the officer
must provide the record to that person within a reasonable time.
(2) If a relevant person
asks an immigration officer for permission to be granted access to seized
material, the officer must arrange for him to have access to the material under
the supervision –
(a) in the case of seized
material within subsection (8)(a), of an immigration officer;
(b) in the case of seized
material within subsection (8)(b), of a police officer.
(3) An immigration officer
may photograph or copy, or have photographed or copied, seized material.
(4) If a relevant person
asks an immigration officer for a photograph or copy of seized material, the
officer must arrange for –
(a) that person to have
access to the material for the purpose of photographing or copying it under the
supervision –
(i) in the case of seized
material within subsection (8)(a), of an immigration officer;
(ii) in the case of seized
material within subsection (8)(b), of a police officer; or
(b) the material to be
photographed or copied.
(5) A photograph or copy
made under subsection (4)(b) must be supplied within a reasonable time.
(6) There is no duty under
this section to arrange for access to, or the supply of a photograph or copy
of, any material if there are reasonable grounds for believing that to do so
would prejudice –
(a) the exercise of any
functions in connection with which the material was seized; or
(b) an investigation which
is being conducted under this Act, or any criminal proceedings which may be
brought as a result.
(7) “Relevant person” means –
(a) a person who had
custody or control of seized material immediately before it was seized, or
(b) someone acting on
behalf of such a person.
(8) “Seized material” means
anything –
(a) seized and retained by
an immigration officer, or
(b) seized by an
immigration officer and retained by the police,
under this Part.
Search warrants: safeguards.
28J.–(1) The
entry or search of premises under a warrant is unlawful unless it complies with
this section and section 28K.
(2) If an immigration
officer applies for a warrant, he must –
(a) state the ground on
which he makes the application and the provision of this Act under which the
warrant would be issued;
(aa) if the application is
for a warrant authorising entry and search on more than one occasion, state the
ground on which the officer applies for such a warrant, and whether the officer
seeks a warrant authorising an unlimited number of entries, or (if not) the
maximum number of entries desired;
(b) specify the matters set
out in subsection (2A) below; and
(c) identify, so far as is
practicable, the persons or articles to be sought.
(2A) The matters which must
be specified pursuant to subsection (2)(b) above are –
(a) if the application
relates to one or more sets of premises specified in the application, each set
of premises which it is desired to enter and search;
(b) if the application
relates to any premises occupied or controlled by a person specified in the
application –
(i) as many sets of
premises which it is desired to enter and search as it is reasonably
practicable to specify;
(ii) the person who is in
occupation or control of those premises and any others which it is desired to
enter and search;
(iii) why it is necessary
to search more premises than those specified under sub-paragraph (i);
(iv) why it is not
reasonably practicable to specify all the premises which it is desired to enter
and search.
(4) An application for a
warrant is to be made ex parte and supported by evidence on oath.
(5) The officer must answer
on oath any question that the Bailiff when hearing the application asks him.
(6) A warrant shall
authorise an entry on one occasion only unless it specifies that it authorises
multiple entries.
(6A) If it specifies that it
authorises multiple entries, it must also specify whether the number of entries
authorised is unlimited, or limited to a specified maximum.
(7) A warrant must specify –
(a) the name of the person
applying for it;
(b) the date on which it is
issued;
(c) each set of premises to
be searched, or (in the case of an all premises warrant) the person who is in
occupation or control of premises to be searched, together with any premises
under the person’s occupation or control which can be specified and which are
to be searched; and
(d) the provision of this
Act under which it is issued.
(8) A warrant must
identify, so far as is practicable, the persons or articles to be sought.
(9) Two copies must be made
of a warrant which specifies only one set of premises and does not authorise
multiple entries; and as many copies as are reasonably required may be made of
any other kind of warrant.
(10) The copies must be
clearly certified as copies.
(10A) “All premises warrant”
means a warrant issued in response to an application of the kind mentioned in
section , 28D(1A)(b) or 28FB(1A)(b) or paragraph 25A(6AA)(b) of Schedule 2.
(10B) References in this
section to a warrant authorising multiple entries is to a warrant of the kind
mentioned in section 28D(1C) or 28FB(3A) or paragraph 25A(6AC) of Schedule 2.
(11) “Warrant” means a
warrant to enter and search premises issued to an immigration officer under
this Part or under paragraph 17(2) or 25A(6A) of Schedule 2.
Execution of warrants.
28K.–(1) A
warrant may be executed by any immigration officer.
(2) A warrant may authorise
persons to accompany the officer executing it.
(2A) A person so authorised
has the same powers as the officer whom the person accompanies in respect of –
(a) the execution of the
warrant, and
(b) the seizure or
detention of anything to which the warrant relates.
(2B) But the person may
exercise those powers only in the company, and under the supervision, of an
immigration officer.
(3) Entry and search under
a warrant must be –
(a) within three months
from the date of its issue; and
(b) at a reasonable hour,
unless it appears to the officer executing it that the purpose of a search
might be frustrated.
(3A) If the warrant is an all
premises warrant, no premises which are not specified in it may be entered or
searched unless an immigration officer of at least the rank of chief
immigration officer has in writing authorised them to be entered.
(3B) No premises may be
entered or searched for the second or any subsequent time under a warrant which
authorises multiple entries unless an immigration officer of at least the rank
of chief immigration officer has in writing authorised that entry to those
premises.
(4) If the occupier of
premises which are to be entered and searched is present at the time when an
immigration officer seeks to execute a warrant, the officer must –
(a) identify himself to the
occupier and, if not in uniform, produce identification showing that he is an
immigration officer;
(b) show the occupier the
warrant; and
(c) supply him with a copy
of it.
(5) If –
(a) the occupier is not
present, but
(b) some other person who
appears to the officer to be in charge of the premises is present, subsection
(4) has effect as if each reference to the occupier were a reference to that
other person.
(6) If there is no person
present who appears to the officer to be in charge of the premises, the officer
must leave a copy of the warrant in a prominent place on the premises.
(7) A search under a
warrant may only be a search to the extent required for the purpose for which
the warrant was issued.
(8) An officer executing a
warrant must make an endorsement on it stating –
(a) whether the persons or
articles sought were found; and
(b) whether any articles,
other than articles which were sought, were seized.
(8A) Unless the warrant is a
warrant specifying one set of premises only, the officer must comply with
subsection (8) separately in respect of each set of premises entered and
searched.
(8B) A warrant must be
returned in accordance with subsection (9) –
(a) when it has been
executed, or
(b) in the case of a
specific premises warrant which has not been executed, an all premises warrant
or any warrant authorising multiple entries, on the expiry of the period of
three months referred to in subsection (3) or sooner.
(9) The warrant must be
returned to the Bailiff’s Chambers and retained at the Bailiff’s Chambers for
12 months.
(13) If during that 12 month
period the occupier of the premises to which it relates asks to inspect it, he
must be allowed to do so.
(13A) In subsection (8B) –
“specific premises warrant” means a warrant which is not an all
premises warrant;
“all premises warrant” means a warrant issued in response to an
application of the kind mentioned in section 28D(1A)(b) or 28FB(1A)(b) or
paragraph 25A(6AA)(b) of Schedule 2.
(13B) The reference in
subsection (8B) to a warrant authorising multiple entries is to a warrant of
the kind mentioned in section 28D(1C) or 28FB(3A) or paragraph 25A(6AC) of
Schedule 2.
(14) “Warrant” means a
warrant to enter and search premises issued to an immigration officer under
this Part or under paragraph 17(2) or 25A(6A) of Schedule 2.
Interpretation of Part III.
28L.–(1) In
this Part, “premises” and “items subject to legal privilege” have the same
meaning as in the Police Procedures and
Criminal Evidence (Jersey) Law 2003.
(2) In this Part “business
premises” means premises (or any part of premises) not used as a dwelling.
(3) In this Part “employee
records” means records which show an employee’s –
(a) name,
(b) date of birth,
(c) address,
(d) length of service,
(e) rate of pay, or
(f) nationality or
citizenship.
PART 3A
MARITIME ENFORCEMENT
Enforcement powers in
relation to ships.
28M.–(1) An immigration officer, a police officer or an enforcement
officer may exercise the powers set out in Part 1 of Schedule 4A (“Part 1
powers”) in relation to any of the following in Jersey waters –
(a) a Jersey ship;
(b) a ship without
nationality;
(c) a foreign ship;
(d) a ship registered under
the law of a relevant territory.
(2) But Part 1 powers may
be exercised only –
(a) for the purpose of
preventing, detecting, investigating or prosecuting an offence under section 25
or 25A, and
(b) in accordance with the
rest of this section.
(3) The authority of the
Minister is required before an immigration officer, a police officer or an
enforcement officer may exercise Part 1 powers in relation to a foreign ship,
or a ship registered under the law of a relevant territory, within the
territorial sea adjacent to Jersey.
(4) Authority for the
purposes of subsection (3) may be given in relation to a foreign ship only if
the Convention permits the exercise of Part 1 powers in relation to the ship.
Interpretation of Part 3A.
28Q.–(1) In
this Part –
“the Convention” means the United Nations Convention on the Law of
the Sea 1982 (Cmnd 8941) and any modifications of that Convention agreed after
the passing of this Act that have entered into force in relation to Jersey;
“enforcement officer” means –
(a) a person who is a
commissioned officer of any of Her Majesty’s ships, or
(b) a person in command or
charge of any aircraft or hovercraft of the Royal Navy, the Army or the Royal
Air Force;
“foreign ship” means a ship which –
(a) is registered in a
State outside the United Kingdom and Islands, or
(b) is not so registered
but is entitled to fly the flag of a State outside the United Kingdom and
Islands;
“Jersey ship” means a ship which –
(a) is registered under
Part 3 of the Shipping (Jersey) Law 2002,
(b) is a Government ship
within the meaning of that Law, or
(c) is not registered in
any State or relevant territory but is wholly owned by persons each of whom has
a Jersey connection;
“Jersey waters” has the same meaning as in the Shipping (Jersey) Law 2002;
“Part 1 powers” means the powers set out in Part 1 of Schedule 4A;
“relevant territory” means –
(a) any of the United
Kingdom and Islands other than Jersey;
(b) a British overseas
territory;
“ship” includes every description of vessel (including a hovercraft)
used in navigation;
“ship without nationality” means a ship which –
(a) is not registered in,
or otherwise entitled to fly the flag of, any State or relevant territory, or
(b) sails under the flags
of two or more States or relevant territories, or under the flags of a State
and relevant territory, using them according to convenience.
(2) For the purposes of
paragraph (c) of the definition of “Jersey ship” in subsection (1), a person
has a “Jersey connection” if the person is –
(a) a British citizen, a
British overseas territories citizen or a British Overseas citizen,
(b) an individual who is
habitually resident in Jersey, or
(c) a body corporate which
is established under the law of Jersey and has its principal place of business
in Jersey.
PART IV
SUPPLEMENTARY
General provisions as to Orders in Council, etc.
32.–(1) Any
power conferred by Part I of this Act to make an Order in Council, an enactment
requiring to be laid before the States or order (other than a deportation
order) or to give any directions includes power to revoke or vary the Order in
Council, enactment, order or directions.
(2) Any document purporting
to be an order, notice or direction made or given by the Minister for the
purposes of the Immigration Acts and to be signed by him or on his behalf, and
any document purporting to be a certificate of the Minister so given and to be
signed by him or on his behalf, shall be received in evidence, and shall, until
the contrary is proved, be deemed to be made or issued by him.
(3) Prima facie evidence of
any such order, notice, direction or certificate as aforesaid may, in any legal
proceedings or other proceedings under the Immigration Acts, be given by the
production of a document bearing a certificate purporting to be signed by or on
behalf of the Minister and stating that the document is a true copy of the
order, notice, direction or certificate.
(4) Where an order under
section 8(2) above applies to persons specified in a schedule to the order, or
any directions of the Minister given for the purposes of the Immigration Acts
apply to persons specified in a schedule to the directions, prima facie
evidence of the provisions of the order or directions other than the schedule
and of any entry contained in the schedule may, in any legal proceedings or
other proceedings under the Immigration Acts, be given by the production of a document
purporting to be signed by or on behalf of the Minister and stating that the
document is a true copy of the said provisions and of the relevant entry.
Interpretation.
33.–(1) For
purposes of this Act, except in so far as the context otherwise requires –
“aircraft” includes hovercraft and “port” includes airport;
“captain” means master (of a ship) or commander (of an aircraft);
“certificate of entitlement” means a certificate under section 10 of
the Nationality, Immigration and Asylum Act 2002 that a person has the right of
abode in Jersey;
“Convention adoption” has the same meaning as in the Adoption (Jersey) Law 1961;
“crew”, in relation to a ship or aircraft, means all persons
actually employed in the working or service of the ship or aircraft, including
the captain, and “member of the crew” shall be construed accordingly;
“entrant” means a person entering or seeking to enter Jersey and
“illegal entrant” means a person –
(a) unlawfully entering or
seeking to enter in breach of a deportation order or of the immigration laws,
or
(b) entering or seeking to
enter by means which include deception by another person, and includes also a
person who has entered as mentioned in paragraph (a) or (b) above;
“entry clearance” means a visa, entry certificate or other document
which, in accordance with the immigration rules, is to be taken as evidence or
the requisite evidence of a person’s eligibility, though not a British citizen,
for entry into Jersey (but does not include a work permit);
“Guernsey” means the Bailiwick of Guernsey;
“immigration laws” means this Act and any law for purposes similar
to this Act which is for the time being or has (before or after the passing of
this Act) been in force in any part of the United Kingdom and Islands;
“immigration rules” means the rules for the time being laid down as
mentioned in section 3(2) above;
“the Islands” means the Channel Islands and the Isle of Man, and
“the United Kingdom and Islands” means the United Kingdom and the Islands taken
together;
“legally adopted” means adopted in pursuance of an order made by any
court in the United Kingdom and Islands, under a Convention adoption or by any
adoption declared by the Royal Court as an overseas adoption within the meaning
of the Adoption (Jersey) Law 1961;
“limited leave” and “indefinite leave” means respectively leave
under this Act to enter or remain in Jersey which is, and one which is not,
limited as to duration;
“the Minister” means the Minister for Home Affairs;
“settled” shall be construed in accordance with subsection (2A)
below;
“ship” includes every description of vessel used in navigation;
“United Kingdom passport” means a current passport issued by the
Government of the United Kingdom, or by the Lieutenant-Governor of any of the
Islands, or by the Government of any territory which is for the time being a
British overseas territory;
“work permit” means a permit indicating, in accordance with the
immigration rules, that a person named in it is eligible, though not a British
citizen, for entry into Jersey for the purpose of taking employment.
(1A) A reference to being an
owner of a vehicle, ship or aircraft includes a reference to being any of a
number of persons who jointly own it.
(2) It is hereby declared
that, except as otherwise provided in this Act, a person is not to be treated
for the purposes of any provision of this Act as ordinarily resident in Jersey
or elsewhere in the United Kingdom and Islands at a time when he is there in
breach of the immigration laws.
(2A) Subject to section 8(5)
above, references to a person being settled in Jersey are references to his
being ordinarily resident there without being subject under the immigration
laws to any restriction on the period for which he may remain.
(3) The ports of entry for
purposes of this Act, and the ports of exit for purposes of any Order in
Council under section 3(7) above, shall be such places as the States may by Act
designate.
(4) A reference in this Act
and in any of the Immigration Acts to the grant or issue of a warrant by the
Bailiff shall be taken to include reference to the grant or issue of that
warrant by a Jurat.
(5) This Act shall not be taken
to supersede or impair any power exercisable by Her Majesty in relation to
aliens by virtue of Her prerogative.
Short title.
37. This Act may be cited as the Immigration
Act 1971.
SCHEDULE 2
ADMINISTRATIVE PROVISIONS AS TO CONTROL ON ENTRY ETC.
Section 4
PART I
GENERAL PROVISIONS.
Immigration officers and medical
inspectors
1.–(1) Immigration
officers for the purposes of this Act shall be appointed in accordance with the
Employment of States of
Jersey Employees (Jersey) Law 2005.
(2) The Medical Officer of
Health (within the meaning of Article 10 of the Loi (1934) sur la Santé
Publique) and his deputy shall be medical inspectors for the purposes of
this Act.
(3) In the exercise of
their functions under this Act immigration officers and medical inspectors
shall act in accordance with such instructions (not inconsistent with the
immigration rules) as may be given them by the Minister.
(4) An immigration officer
or medical inspector may board any ship or aircraft for the purpose of
exercising his functions under this Act.
(5) An immigration officer,
for the purpose of satisfying himself whether there are persons he may wish to
examine under paragraph 2 below, may search any ship or aircraft and anything
on board it, or any vehicle taken off a ship or aircraft on which it has been
brought to Jersey.
Examination by immigration officers, and
medical examination
2.–(1) An
immigration officer may examine any persons who have arrived in Jersey by ship
or aircraft (including transit passengers, members of the crew and others not
seeking to enter Jersey) for the purpose of determining –
(a) whether any of them is
or is not a British citizen; and
(b) whether, if he is not,
he may or may not enter Jersey without leave;
(c) whether, if he may not
(i) he has been given
leave which is still in force,
(ii) he should be given
leave and for what period or on what conditions (if any), or
(iii) he should be refused
leave; and
(d) whether, if he has been
given leave which is still in force, his leave should be curtailed.
(2) Any such person, if he
is seeking to enter Jersey, may be examined also by a medical inspector or by
any qualified person carrying out a test or examination required by a medical
inspector.
(3) A person, on being
examined under this paragraph by an immigration officer or medical inspector,
may be required in writing by him to submit to further examination; but a requirement
under this sub-paragraph shall not prevent a person who arrives as a transit
passenger, or as a member of the crew of a ship or aircraft, or for the purpose
of joining a ship or aircraft as a member of the crew, from leaving by his
intended ship or aircraft.
Examination of persons who arrive with
continuing leave
2A.–(1) This
paragraph applies to a person who has arrived in Jersey with leave to enter
which is in force but which was given to him before his arrival.
(2) He may be examined by
an immigration officer for the purpose of establishing –
(a) whether there has been
such a change in the circumstances of his case, since that leave was given,
that it should be cancelled;
(b) whether that leave was
obtained as a result of false information given by him or his failure to
disclose material facts; or
(c) whether there are
medical grounds on which that leave should be cancelled.
(2A) Where the person’s leave
to enter derives, by virtue of section 3A(3), from an entry clearance, he may
also be examined by an immigration officer for the purpose of establishing
whether the leave should be cancelled on the grounds that the person’s purpose
in arriving in Jersey is different from the purpose specified in the entry
clearance.
(3) He may also be examined
by an immigration officer for the purpose of determining whether it would be
conducive to the public good for that leave to be cancelled.
(4) He may also be examined
by a medical inspector or by any qualified person carrying out a test or
examination required by a medical inspector.
(5) A person examined under
this paragraph may be required by the officer or inspector to submit to further
examination.
(6) A requirement under
sub-paragraph (5) does not prevent a person who arrives –
(a) as a transit passenger,
(b) as a member of the crew
of a ship or aircraft, or
(c) for the purpose of
joining a ship or aircraft as a member of the crew,
from leaving by his intended ship or aircraft.
(7) An immigration officer
examining a person under this paragraph may by notice suspend his leave to
enter until the examination is completed.
(8) An immigration officer
may, on the completion of any examination of a person under this paragraph,
cancel his leave to enter.
(9) Cancellation of a
person’s leave under sub-paragraph (8) is to be treated for the purposes of
this Act as if he had been refused leave to enter at a time when he had a
current entry clearance.
(10) A requirement imposed
under sub-paragraph (5) and a notice given under sub-paragraph (7) must be in
writing.
3.–(1) An
immigration officer or designated person may examine any person who is
embarking or seeking to embark in Jersey for the purpose of determining whether
he is a British citizen and, if he is not a British citizen, for the purpose of
establishing –
(a) his identity;
(b) whether he entered
Jersey lawfully;
(c) whether he has complied
with any conditions of leave to enter or remain in Jersey;
(d) whether his return to
Jersey is prohibited or restricted.
(1A) If a person is examined
under sub-paragraph (1) (whether by an immigration officer or designated
person), an immigration officer may require the person, by notice in writing,
to submit to further examination by the immigration officer for a purpose
specified in that sub-paragraph.
(2) So long as any Order in
Council is in force under section 3(7) of this Act, an immigration officer may
examine any person who is embarking or seeking to embark in Jersey for the
purpose of determining –
(a) whether any of the
provisions of the Order apply to him; and
(b) whether, if so, any
power conferred by the Order should be exercised in relation to him and in what
way.
Information and documents
4.–(1) It
shall be the duty of any person examined under paragraph 2, 2A or 3 above to
furnish to the person carrying out the examination all such information in his
possession as that person may require for the purpose of that or any other
person’s functions under that paragraph.
(2) A person on his
examination under paragraph 2, 2A or 3 above by an immigration officer, or on
his examination under paragraph 3 above by a designated person, shall, if so
required by an immigration officer or designated person –
(a) produce either a valid
passport with photograph or some other document satisfactorily establishing his
identity and nationality or citizenship; and
(b) declare whether or not
he is carrying or conveying or has carried or conveyed, documents of any
relevant description specified by the immigration officer or designated person,
and produce any documents of that description which he is carrying or
conveying.
In paragraph (b), “relevant description” means any description
appearing to the immigration officer or designated person to be relevant for
the purposes of the examination.
(3) Where under
sub-paragraph (2)(b) above a person has been required to declare whether or not
he is carrying or conveying, or has carried or conveyed, documents of any
description –
(a) he and any baggage or
vehicle belonging to him or under his control; and
(b) any ship, aircraft or
vehicle in which he arrived in Jersey, may be searched with a view to
ascertaining whether he is doing or, as the case may be, has done so by an
immigration officer or a person acting under the directions of an immigration
officer:
Provided that no woman or girl shall be searched except by a woman.
(4) Where a passport or
other document is produced to or found by an immigration officer in accordance
with this paragraph, the immigration officer may examine it and detain it –
(a) for the purpose of
examining it, for a period not exceeding 7 days;
(b) for any purpose, until
the person to whom the document relates is given leave to enter Jersey or is
about to depart or be removed following refusal of leave or until it is decided
that the person does not require leave to enter;
(c) after a time described
in paragraph (b), while the immigration officer thinks that the document may be
required in connection with proceedings for judicial review of the exercise of
a function the Immigration Acts or in respect of an offence.
(4A) Where a passport or
other document is produced to a designated person in accordance with this
paragraph, the designated person –
(a) may examine it and
detain it; and
(b) must deliver any
detained passport or document to an immigration officer as soon as reasonably
practicable.
(4B) If a passport or
document is delivered to an immigration officer in accordance with
sub-paragraph (4A)(b), sub-paragraph (4) applies as if the immigration officer
had detained the document (and, accordingly, the immigration officer may
continue to detain it in accordance with sub-paragraph (4)(a), (b) or (c)).
(5) For the purpose of
ascertaining that a passport or other document produced or found in accordance
with this paragraph relates to a person examined under paragraph 2, 2A or 3 above,
the person carrying out the examination, or any immigration officer or
designated person, may require the person being examined to provide biometric
information (whether or not by submitting to a process by means of which
information is obtained or recorded).
(6) “Biometric information”
has the meaning given by section 15 of the UK Borders Act 2007.
(7) A person (“P”) who is
under 16 may not be required to provide biometric information under
sub-paragraph (5) unless –
(a) the decision to require
P to provide the information has been confirmed by a chief immigration officer,
and
(b) the information is
provided in the presence of a person of full age who is –
(i) P’s parent or
guardian, or
(ii) a person who for the
time being takes responsibility for P.
(8) The person mentioned in
sub-paragraph (7)(b)(ii) may not be –
(a) a person who is
entitled to require the provision of information under sub-paragraph (5) (an
“authorised person”), or
(b) an officer of the
Minister who is not such a person.
(9) Sub-paragraph (7) does
not prevent an authorised person requiring the provision of biometric
information by a person the authorised person reasonably believes to be 16 or
over.
5. The Minister may by Order make provision
for requiring –
(a) passengers disembarking
or embarking in Jersey, or any class of such passengers, to produce to an
immigration officer, if so required, landing or embarkation cards, and
(b) passengers embarking in
Jersey, or any class of such passengers, to produce to a designated person, if so
required, embarkation cards,
in such form as the Minister may direct, and for requiring the
owners or agents of ships and aircraft to supply such cards to those
passengers.
Designated persons
5A.–(1) In
this Schedule “designated person” means a person designated by the Minister for
the purposes of this Schedule.
(2) A designation under
this paragraph is subject to such limitations as may be specified in the
designation.
(3) A limitation under
sub-paragraph (2) may, in particular, relate to the functions that are
exercisable by virtue of the designation (and, accordingly, the exercise of
functions under this Schedule by a designated person is subject to any such
limitations specified in the person’s designation).
(4) A designation under
this paragraph –
(a) may be permanent or for
a specified period,
(b) may (in either case) be
withdrawn, and
(c) may be varied.
(5) The power to designate,
or to withdraw or vary a designation, is exercised by the Minister giving
notice to the person in question.
(6) The Minister may
designate a person under this paragraph only if the Secretary of State is
satisfied that the person –
(a) is capable of
effectively carrying out the functions that are exercisable by virtue of the
designation,
(b) has received adequate
training in respect of the exercise of those functions, and
(c) is otherwise a suitable
person to exercise those functions.
Directions to carriers and operators of
ports etc
5B.–(1) The
Minister may direct –
(a) an owner or agent of a
ship or aircraft, or
(b) a person concerned in
the management of a port,
to make arrangements for designated persons to exercise a specified
function, or a function of a specified description, in relation to persons of a
specified description.
(2) A direction under this
paragraph must specify –
(a) the port where, and
(b) the date (or dates) and
time (or times) when,
a function is to be exercised under the arrangements.
(3) A direction under this
paragraph must be in writing.
(4) A direction under this
paragraph may specify a description of persons by reference, in particular, to –
(a) the destination to
which persons are travelling;
(b) the route by which
persons are travelling;
(c) the date and time when
the persons are travelling.
(5) In this paragraph –
“function” means a function under this Schedule;
“specified” means specified in a direction under this paragraph.
Notice of leave to enter or of refusal of
leave
6.–(1) Subject
to sub-paragraph (3) below, where a person examined by an immigration officer
under paragraph 2 above is to be given a limited leave to enter Jersey or is to
be refused leave, the notice giving or refusing leave shall be given not later
than twenty-four hours after the conclusion of his examination (including any
further examination) in pursuance of that paragraph; and if notice giving or
refusing leave is not given him before the end of those twenty-four hours, he
shall (if not a British citizen) be deemed to have been given leave to enter
Jersey for a period of six months subject to a condition prohibiting his taking
employment and the immigration officer shall as soon as may be give him written
notice of that leave.
(2) Where on a person’s
examination under paragraph 2 above he is given notice of leave to enter
Jersey, then at any time before the end of twenty-four hours from the
conclusion of the examination he may be given a further notice in writing by an
immigration officer cancelling the earlier notice and refusing him leave to
enter.
(3) Where in accordance
with this paragraph a person is given notice refusing him leave to enter
Jersey, that notice may at any time be cancelled by notice in writing given him
by an immigration officer; and where a person is given a notice of cancellation
under this sub-paragraph, and the immigration officer does not at the same time
give him indefinite or limited leave to enter or require him to submit to
further examination, he shall be deemed to have been given leave to enter for a
period of six months subject to a condition prohibiting his taking employment
and the immigration officer shall as soon as may be given him written notice of
that leave.
(4) Where an entrant is a
member of a party in charge of a person appearing to the immigration officer to
be a responsible person, any notice to be given in relation to that entrant in
accordance with this paragraph shall be duly given if delivered to the person
in charge of the party.
Power to require medical examination
after entry
7.–(1) This
paragraph applies if an immigration officer examining a person under paragraph
2 decides –
(a) that he may be given
leave to enter Jersey; but
(b) that a further medical
test or examination may be required in the interests of public health.
(2) This paragraph also
applies if an immigration officer examining a person under paragraph 2A decides –
(a) that his leave to enter
Jersey should not be cancelled; but
(b) that a further medical
test or examination may be required in the interests of public health.
(3) The immigration officer
may give the person concerned notice in writing requiring him –
(a) to report his arrival
to such medical officer of health as may be specified in the notice; and
(b) to attend at such place
and time and submit to such test or examination (if any), as that medical
officer of health may require.
(4) In reaching a decision
under paragraph (b) of sub-paragraph (1) or (2), the immigration officer must
act on the advice of –
(a) a medical inspector; or
(b) if no medical inspector
is available, a fully qualified medical practitioner.
Removal of persons refused leave to enter
and illegal entrants
8.–(1) Where
a person arriving in Jersey is refused leave to enter, an immigration officer
may, subject to sub-paragraph (2) below –
(a) give the captain of the
ship or aircraft in which he arrives directions requiring the captain to remove
him from Jersey in that ship or aircraft; or
(b) give the owners or
agents of that ship or aircraft directions requiring them to remove him from
Jersey in any ship or aircraft specified or indicated in the directions, being
a ship or aircraft of which they are the owners or agents; or
(c) give those owners or
agents directions requiring them to make arrangements for his removal from
Jersey in any ship or aircraft specified or indicated in the directions to a
country or territory so specified, being either –
(i) a country of which he
is a national or citizen; or
(ii) a country or
territory in which he has obtained a passport or other document of identity; or
(iii) a country or
territory in which he embarked for Jersey; or
(iv) a country or territory
to which there is reason to believe that he will be admitted.
(2) No directions shall be
given under this paragraph in respect of anyone after the expiration of two
months beginning with the date on which he was refused leave to enter Jersey
except that directions may be given under sub-paragraph (1)(b) or (c) after the
end of that period if the immigration officer has within that period given
written notice to the owners or agents in question of his intention to give
directions to them in respect of that person.
9.–(1) Where
an illegal entrant is not given leave to enter or remain in Jersey, an
immigration officer may give any such directions in respect of him as in a case
within paragraph 8 above are authorised by paragraph 8(1).
(2) Any leave to enter
Jersey which is obtained by deception shall be disregarded for the purposes of
this paragraph.
10.–(1) Where
it appears to the Minister either –
(a) that directions might
be given in respect of a person under paragraph 8 or 9 above, but that it is
not practicable for them to be given or that, if given, they would be
ineffective; or
(b) that directions might
have been given in respect of a person under paragraph 8 above but that the
requirements of paragraph 8(2) have not been complied with;
then the Minister may give to the owners or agents of any ship or
aircraft any such directions in respect of that person as are authorised by
paragraph 8(1)(c).
(2) Where the Minister may
give directions for a person’s removal in accordance with sub-paragraph (1)
above, he may instead give directions for his removal in accordance with
arrangements to be made by the Minister to any country or territory to which he
could be removed under sub-paragraph (1).
(3) The costs of complying
with any directions given under this paragraph shall be defrayed by the
Minister.
10A. Where directions are given in respect of a
person under any of paragraphs 8 to 10 above, directions to the same effect may
be given under that paragraph in respect of a member of the person’s family.
11. A person in respect of whom directions are
given under any of paragraphs 8 to 10 above may be placed, under the authority
of an immigration officer or the Minister, on board any ship or aircraft in
which he is to be removed in accordance with the directions.
Seamen and aircrews
12.–(1) If,
on a person’s examination by an immigration officer under paragraph 2 above,
the immigration officer is satisfied that he had come to Jersey for the purpose
of joining a ship or aircraft as a member of the crew, then the immigration
officer may limit the duration of any leave he gives that person to enter
Jersey by requiring him to leave Jersey in a ship or aircraft specified or
indicated by the notice giving leave.
(2) Where a person (not
being a British citizen) arrives in Jersey for the purposes of joining a ship
or aircraft as a member of the crew and, having been given leave to enter as
mentioned in sub-paragraph (1) above, remains beyond the time limited by that
leave, or is reasonably suspected by an immigration officer of intending to do
so, an immigration officer may –
(a) give the captain of
that ship or aircraft directions requiring the captain to remove him from
Jersey in that ship or aircraft; or
(b) give the owners or
agents of that ship or aircraft directions requiring them to remove him from
Jersey in any ship or aircraft specified or indicated in the directions, being
a ship or aircraft of which they are the owners or agents; or
(c) give those owners or
agents directions requiring them to make arrangements for his removal from
Jersey in any ship or aircraft specified or indicated in the directions to a
country or territory so specified, being either –
(i) a country of which he
is a national or citizen; or
(ii) a country or
territory in which he has obtained a passport or other document of identity; or
(iii) a country or
territory in which he embarked for Jersey; or
(iv) a country or territory
where he was engaged as a member of the crew of the ship or aircraft which he
arrived in Jersey to join; or
(v) a country or territory
to which there is reason to believe that he will be admitted.
13.–(1) Where
a person being a member of the crew of a ship or aircraft is examined by an
immigration officer under paragraph 2 above, the immigration officer may limit
the duration of any leave he gives that person to enter Jersey –
(a) in the manner
authorised by paragraph 12(1) above; or
(b) if that person is to be
allowed to enter Jersey in order to receive hospital treatment, by requiring
him, on completion of that treatment, to leave Jersey in accordance with
arrangements to be made for his repatriation; or
(c) by requiring him to
leave Jersey within a specified period in accordance with arrangements to be
made for his repatriation.
(2) Where a person (not
being a British citizen) arrives in Jersey as a member of the crew of a ship or
aircraft, and either –
(A) having lawfully entered
Jersey without leave by virtue of section 8(1) of this Act, he remains without
leave beyond the time allowed by section 8(1), or is reasonably suspected by an
immigration officer of intending to do so; or
(B) having been given leave
limited as mentioned in sub-paragraph (1) above, he remains beyond the time
limited by that leave, or is reasonably suspected by an immigration officer of
intending to do so;
an immigration officer may –
(a) give the captain of the
ship or aircraft in which he arrived directions requiring the captain to remove
him from Jersey in that ship or aircraft; or
(b) give the owners or
agents of that ship or aircraft directions requiring them to remove him from
Jersey in any ship or aircraft specified or indicated in the directions, being
a ship or aircraft of which they are the owners or agents; or
(c) give those owners or
agents directions requiring them to make arrangements for his removal from
Jersey in any ship or aircraft specified or indicated in the directions to a
country or territory so specified, being either –
(i) a country of which he
is a national or citizen; or
(ii) a country or
territory in which he has obtained a passport or other document of identity; or
(iii) a country in which he
embarked for Jersey; or
(iv) a country or territory
in which he was engaged as a member of the crew of the ship or aircraft in
which he arrived in Jersey; or
(v) a country or territory
to which there is reason to believe that he will be admitted.
14.–(1) Where
is appears to the Minister that directions might be given in respect of a
person under paragraph 12 or 13 above, but that it is not practicable for them
to be given or that, if given, they would be ineffective, then the Minister may
give to the owners or agents of any ship or aircraft any such directions in
respect of that person as are authorised by paragraph 12(2)(c) or 13(2)(c).
(2) Where the Minister may
give directions for a person’s removal in accordance with sub-paragraph (1)
above, he may instead give directions for his removal in accordance with
arrangements to be made by the Minister to any country or territory to which he
could be removed under sub-paragraph (1).
(3) The costs of complying
with any directions given under this paragraph shall be defrayed by the
Minister.
15. A person in respect of whom directions are
given under any of paragraphs 12 to 14 above may be placed, under the authority
of an immigration officer, on board any ship or aircraft in which he is to be
removed in accordance with the directions.
Search
of premises in connection with removal
15A.–(1) This paragraph applies if –
(a) an immigration officer
is lawfully on any premises, and
(b) a person who is liable
to be detained under paragraph 16(2) is on the premises.
(2) The immigration officer
may search the premises for documents which –
(a) relate to the person,
and
(b) may be evidence for a
ground on which the person’s leave to enter or remain in Jersey may be
curtailed.
(3) The power may be
exercised –
(a) only if the immigration
officer has reasonable grounds for believing there are documents within
sub-paragraph (2) on the premises, and
(b) only to the extent that
it is reasonably required for the purpose of discovering such documents.
(4) An immigration officer
searching premises under this paragraph may seize any document the officer
finds which the officer has reasonable grounds for believing is a document
within subparagraph (2).
(5) Sub-paragraph (6)
applies where –
(a) an immigration officer
is searching premises under this paragraph, and
(b) any document the
officer has reasonable grounds for believing is a document within sub-paragraph
(2) is stored in any electronic form and is accessible from the premises.
(6) The immigration officer
may require the document to be produced in a form in which it can be taken away
and in which it is visible and legible or from which it can readily be produced
in a visible and legible form.
(7) If a requirement under
sub-paragraph (6) is not complied with or a document to which that
sub-paragraph applies cannot be produced in a form of the kind mentioned in
that sub-paragraph, the immigration officer may seize the device or medium on
which it is stored.
(8) But sub-paragraphs (4)
to (7) do not apply to a document which the immigration officer has reasonable
grounds for believing is an item subject to legal privilege.
(9) An immigration officer
may retain a document seized under this paragraph while –
(a) the person to whom the
document relates is liable to be detained under paragraph 16(2), and
(b) the document falls
within sub-paragraph (2)(b).
(10) But a document may not
be retained for the purpose mentioned in sub-paragraph (9) if a photograph or
copy would be sufficient for that purpose.
Detention of persons liable to
examination or removal
16.–(1) A
person who may be required to submit to examination under paragraph 2 above may
be detained under the authority of an immigration officer pending his
examination and pending a decision to give or refuse him leave to enter.
(1A) A person whose leave to
enter has been suspended under paragraph 2A may be detained under the authority
of an immigration officer pending –
(a) completion of his
examination under that paragraph; and
(b) a decision on whether
to cancel his leave to enter.
(1B) A person who has been
required to submit to further examination under paragraph 3(1A) may be detained
under the authority of an immigration officer, for a period not exceeding 12
hours, pending the completion of the examination.
(2) If there are reasonable
grounds for suspecting that a person is someone in respect of whom directions
may be given under any of paragraphs 8 to 10A or 12 to 14, that person may be
detained under the authority of an immigration officer pending –
(a) a decision whether or
not to give such directions;
(b) his removal in
pursuance of such directions.
(2A) But the detention of an
unaccompanied child under sub-paragraph (2) is subject to paragraph 18B.
(2B) The detention under
sub-paragraph (2) of a person to whom section 60 (limitation on detention of
pregnant women) of the Immigration Act 2016 applies is subject to that section.
(3) A person on board a
ship or aircraft may, under the authority of an immigration officer, be removed
from the ship or aircraft for detention under this paragraph; but if an
immigration officer so requires the captain of a ship or aircraft shall prevent
from disembarking in Jersey any person who has arrived in Jersey in the ship or
aircraft and been refused leave to enter, and the captain may for that purpose
detain him in custody on board the ship or aircraft.
(4) The captain of a ship
or aircraft, if so required by an immigration officer, shall prevent from
disembarking in Jersey or before the directions for his removal have been
fulfilled any person placed on board the ship or aircraft under paragraph 11 or
15 above, and the captain may for that purpose detain him in custody on board
the ship or aircraft.
17.–(1) A
person liable to be detained under paragraph 16 above may be arrested without
warrant by a police officer or by an immigration officer.
(2) If the Bailiff is
satisfied by evidence on oath that there are reasonable grounds for suspecting
that a person liable to be arrested under this paragraph is to be found on any
premises, he may grant a warrant authorising any immigration officer or police
officer to enter, if need be by reasonable force, the premises named in the
warrant for the purpose of searching for and arresting that person.
18.–(1) Persons
may be detained under paragraph 16 above in such places as the Minister may
direct (when not detained in accordance with paragraph 16 on board a ship or
aircraft).
(1A) But the detention of an
unaccompanied child under paragraph 16(2) is subject to paragraph 18B.
(2) Where a person is
detained or liable to be detained under paragraph 16, any immigration officer,
police officer or prison officer, or any other person authorised by the
Minister, may take all such steps as may be reasonably necessary for
photographing, measuring or otherwise identifying him.
(2A) The power conferred by
sub-paragraph (2) includes power to take biometric information (within the
meaning given by section 15 of the UK Borders Act 2007).
(2B) Paragraph 4(7) to (9) applies
to sub-paragraph (2) as it applies to paragraph 4(5).
(3) Any person detained
under paragraph 16 may be taken in the custody of a police officer, an
immigration officer, or any person acting under the authority of an immigration
officer, to and from any place where his attendance is required for the purpose
of ascertaining his citizenship or nationality or of making arrangements for
his admission to a country or territory other than the Jersey, or where he is
required to be for any other purpose connected with the operation of this Act.
(4) A person shall be
deemed to be in legal custody at any time when he is detained under paragraph
16 or is being removed in pursuance of sub-paragraph (3) above.
18A.–(1) An
immigration officer or police officer may search a person (“P”) who is detained
under paragraph 16 for anything which P might use –
(a) to cause physical
injury to P or others, or
(b) to assist P’s escape
from legal custody.
(2) The power to search P –
(a) unless sub-paragraph
(3) applies, does not include power to require P to remove any clothing other
than an outer coat, jacket or glove, but
(b) includes power to
require P to open P’s mouth.
(3) This sub-paragraph
applies if an immigration officer or police officer has reasonable grounds to
believe that there is concealed on P anything which P might use as mentioned in
sub-paragraph (1).
(4) The power to search P
may be exercised only to the extent reasonably required for the purpose of
discovering anything which P might use as mentioned in sub-paragraph (1).
(5) An intimate search (as
defined in section 28H(11)) may not be conducted under this paragraph.
(6) An immigration officer
or police officer may seize and retain anything found on a search of P if the
officer or police officer has reasonable grounds to believe P might use it as
mentioned in sub-paragraph (1).
(7) Nothing seized under
sub-paragraph (6) may be retained when P is released from detention under
paragraph 16.
18B.–(1) Where
a person detained under paragraph 16(2) is an unaccompanied child, the only
place where the child may be detained is a short-term holding facility, except
where –
(a) the child is being
transferred to or from a short-term holding facility, or
(b) sub-paragraph (3) of
paragraph 18 applies.
(2) An unaccompanied child
may be detained under paragraph 16(2) in a short-term holding facility for a
maximum period of 24 hours, and only for so long as the following two
conditions are met.
(3) The first condition is
that –
(a) directions are in force
that require the child to be removed from the short-term holding facility
within the relevant 24 hour period, or
(b) a decision on whether
or not to give directions is likely to result in such directions.
(4) The second condition is
that the immigration officer under whose authority the child is being detained
reasonably believes that the child will be removed from the short-term holding
facility within the relevant 24 hour period in accordance with those
directions.
(5) An unaccompanied child
detained under paragraph 16(2) who has been removed from a short-term holding
facility and detained elsewhere may be detained again in a short-term holding
facility but only if, and for as long as, the relevant 24 hour period has not
ended.
(6) An unaccompanied child
who has been released following detention under paragraph 16(2) may be detained
again in a short-term holding facility in accordance with this paragraph.
(7) In this paragraph –
“relevant 24 hour period”, in relation to the detention of a child
in a short-term holding facility, means the period of 24 hours starting when
the child was detained (or, in a case falling within sub-paragraph (5), first
detained) in a short-term holding facility;
“short-term holding facility” means a place used solely for the
detention of detained persons for a period of not more than seven days or for
such other period as may be prescribed by Regulations made by the States;
“unaccompanied child” means a person –
(a) who is under the age of
18, and
(b) who is not accompanied
(whilst in detention) by his or her parent or another individual who has care
of him or her.
19.–(1) Where
a person is refused leave to enter Jersey and directions are given in respect
of him under paragraph 8 or 10 above, then subject to the provisions of this
paragraph the owners or agents of the ship or aircraft in which he arrived
shall be liable to pay the Minister on demand any expenses incurred by the
latter in respect of the custody, accommodation or maintenance of that person
for any period (not exceeding 14 days) after his arrival while he was detained
or liable to be detained under paragraph 16 above.
(2) Sub-paragraph (1) above
shall not apply to expenses in respect of a person who, when he arrived in
Jersey, held a certificate of entitlement or a current entry clearance or was
the person named in a current work permit; and for this purpose a document
purporting to be a certificate of entitlement, entry clearance or work permit
is to be regarded as being one unless its falsity is reasonably apparent.
(3) If, before the
directions for a person’s removal under paragraph 8 or 10 above have been
carried out, he is given leave to enter Jersey, or if he is afterwards given
that leave in consequence of a judicial review of a refusal of leave to enter
by virtue of which the directions were given, no sum shall be demanded under
sub-paragraph (1) above for expenses incurred in respect of that person and any
sum already demanded and paid shall be refunded.
(4) Sub-paragraph (1) above
shall not have effect in relation to directions which, in consequence of
proceedings for judicial review, have ceased to have effect or are for the time
being of no effect; and the expenses to which that sub-paragraph applies
include expenses in conveying the person in question to and from the place
where he is detained or accommodated unless the journey is made for the purpose
of attending such proceedings.
20.–(1) Subject
to the provisions of this paragraph, in either of the following cases, that is
to say, –
(a) where directions are
given in respect of an illegal entrant under paragraph 9 or 10 above; and
(b) where a person has
lawfully entered Jersey without leave by virtue of section 8(1) of this Act,
but directions are given in respect of him under paragraph 13(2)(A) above or,
in a case within paragraph 13(2)(A), under paragraph 14;
the owners or agents of the ship or aircraft in which he arrived in
Jersey shall be liable to pay the Minister on demand any expenses incurred by
the latter in respect of the custody, accommodation or maintenance of that
person for any period (not exceeding 14 days) after his arrival while he was
detained or liable to be detained under paragraph 16 above.
(1A) Sub-paragraph (1) above
shall not apply to expenses in respect of an illegal entrant if he obtained
leave to enter by deception and the leave has not been cancelled under
paragraph 6(2) above.
(2) If, before the
directions for a person’s removal from Jersey have been carried out, he is
given leave to remain in Jersey, no sum shall be demanded under sub-paragraph
(1) above for expenses incurred in respect of that person and any sum already
demanded and paid shall be refunded.
(3) Sub-paragraph (1) above
shall not have effect in relation to directions which, in consequence of
proceedings for judicial review, are for the time being of no effect; and the
expenses to which that sub-paragraph applies include expenses in conveying the
person in question to and from the place where he is detained or accommodated
unless the journey is made for the purpose of attending such proceedings.
Temporary admission or release of persons
liable to detention
21.–(1) A
person liable to detention or detained under paragraph 16(1), (1A) or (2) above
may, under the written authority of an immigration officer, be temporarily
admitted to Jersey without being detained or be released from detention; but
this shall not prejudice a later exercise of the power to detain him.
(2) So long as a person is
at large in Jersey by virtue of this paragraph, he shall be subject to such
restrictions as to residence, as to his employment or occupation and as to
reporting to the police or an immigration officer as may from time to time be
notified to him in writing by an immigration officer.
(2A) The provisions that may
be included in restrictions as to residence imposed under sub-paragraph (2)
include provisions of such a description as may be prescribed by Order made by
the Minister.
(2B) Such an Order may, among
other things, provide for the inclusion of provisions –
(a) prohibiting residence
in one or more particular areas;
(b) requiring the person
concerned to reside in specified accommodation and prohibiting him from being
absent from that accommodation except in accordance with the restrictions
imposed on him.
(2C) Such an Order may
provide that a particular description of provision may be imposed only for
prescribed purposes.
(2D) The power to make Orders
conferred by this paragraph includes a power to make different provision for
different cases.
(3) Sub-paragraph (4) below
applies where a person who is at large in Jersey by virtue of this paragraph is
subject to a restriction as to reporting to an immigration officer with a view
to the conclusion of his examination under paragraph 2 or 2A above.
(4) If the person fails at
any time to comply with that restriction –
(a) an immigration officer
may direct that the person’s examination shall be treated as concluded at that
time, but
(b) nothing in paragraph 6
above shall require the notice giving or refusing him leave to enter Jersey to
be given within twenty-four hours after that time.
Entry and search of premises
25A.–(1) This
paragraph applies if –
(a) a person is arrested
under this Schedule; or
(b) a person who was arrested
other than under this Schedule is detained by an immigration officer under this
Schedule.
(2) An immigration officer
may enter and search any premises –
(a) occupied or controlled
by the arrested person, or
(b) in which that person
was when he was arrested, or immediately before he was arrested,
for relevant documents.
(3) The power may be
exercised –
(a) only if the officer has
reasonable grounds for believing that there are relevant documents on the
premises;
(b) only to the extent that
it is reasonably required for the purpose of discovering relevant documents;
and
(c) subject to
sub-paragraph (4), only if a senior officer has authorised its exercise in
writing.
(4) An immigration officer
may conduct a search under sub-paragraph (2) –
(a) before taking the
arrested person to a place where he is to be detained; and
(b) without obtaining an
authorisation under sub-paragraph (3)(c),
if the presence of that person at a place other than one where he is
to be detained is necessary to make an effective search for any relevant
documents.
(5) An officer who has
conducted a search under sub-paragraph (4) must inform a senior officer as soon
as is practicable.
(6) The officer authorising
a search, or who is informed of one under sub-paragraph (5), must make a record
in writing of –
(a) the grounds for the
search; and
(b) the nature of the
documents that were sought.
(6A) If, on an application
made by an immigration officer, the Bailiff is satisfied that –
(a) there are reasonable
grounds for believing that relevant documents may be found on premises not
within sub-paragraph (2) which are mentioned in sub-paragraph (6AA), and
(b) any of the conditions
in sub-paragraph (6B) is met, in relation to each set of premises specified in
the application,
the Bailiff may issue a warrant authorising an immigration officer
to enter and search the premises.
(6AA) The premises referred
to in sub-paragraph (6A) above are –
(a) one or more sets of
premises specified in the application, or
(b) subject to
sub-paragraph (6BA), any premises occupied or controlled by a person specified
in the application, including such sets of premises as are so specified (in
which case the application is for an “all premises warrant”).
(6AB) If the application is for
an all premises warrant, the Bailiff must also be satisfied –
(a) that there are
reasonable grounds for believing that it is necessary to search premises
occupied or controlled by the person in question which are not specified in the
application in order to find the relevant documents, and
(b) that it is not
reasonably practicable to specify in the application all the premises which the
person occupies or controls and which might need to be searched.
(6AC) Subject to sub-paragraph
(6BA), the warrant may authorise entry to and search of premises on more than
one occasion if, on the application, the Bailiff is satisfied that it is
necessary to authorise multiple entries in order to achieve the purpose for
which the justice issues the warrant.
(6AD) If it authorises
multiple entries, the number of entries authorised may be unlimited, or limited
to a maximum.
(6B) The conditions mentioned
in sub-paragraph (6A)(b) are that –
(a) it is not practicable
to communicate with any person entitled to grant entry to the premises;
(b) it is practicable to
communicate with a person entitled to grant entry to the premises but it is not
practicable to communicate with any person entitled to grant access to the
relevant documents;
(c) entry to the premises
will not be granted unless a warrant is produced;
(d) the purpose of a search
may be frustrated or seriously prejudiced unless an immigration officer
arriving at the premises can secure immediate entry.
(7) An officer searching
premises under this paragraph may seize any documents he finds which he has
reasonable grounds for believing are relevant documents.
(7A) Sub-paragraph (7B)
applies where –
(a) an officer is searching
premises under this paragraph, and
(b) any document the
officer has reasonable grounds for believing is a relevant document is stored
in any electronic form and is accessible from the premises.
(7B) The officer may require
the document to be produced in a form in which it can be taken away and in
which it is visible and legible or from which it can readily be produced in a
visible and legible form.
(7C) If a requirement under
sub-paragraph (7B) is not complied with or a document to which that
sub-paragraph applies cannot be produced in a form of the kind mentioned in
that sub-paragraph, the officer may seize the device or medium on which it is
stored.
(8) But subparagraphs (7)
to (7C) do not apply to documents which the officer has reasonable grounds for
believing are items subject to legal privilege.
(8A) An immigration officer
may retain a document seized under this paragraph while the officer has
reasonable grounds for believing that –
(a) the arrested person may
be liable to removal from Jersey in accordance with a provision of the
Immigration Acts, and
(b) retention of the
document may facilitate the person’s removal.
(9) “Relevant documents”
means any documents which might –
(a) establish the arrested
person’s identity, nationality or citizenship; or
(b) indicate the place from
which he has travelled to Jersey or to which he is proposing to go.
(10) “Senior officer” means
an immigration officer not below the rank of chief immigration officer.
Searching persons arrested by immigration
officers
25B.–(1) This
paragraph applies if a person is arrested under this Schedule.
(2) An immigration officer
may search the arrested person if he has reasonable grounds for believing that
the arrested person may present a danger to himself or others.
(3) The officer may search
the arrested person for –
(a) anything which he might
use to assist his escape from lawful custody; or
(b) any document which
might –
(i) establish his
identity, nationality or citizenship; or
(ii) indicate the place
from which he has travelled to Jersey or to which he is proposing to go.
(4) The power conferred by
sub-paragraph (3) may be exercised –
(a) only if the officer has
reasonable grounds for believing that the arrested person may have concealed on
him anything of a kind mentioned in that sub-paragraph; and
(b) only to the extent that
it is reasonably required for the purpose of discovering any such thing.
(5) A power conferred by
this paragraph to search a person is not to be read as authorising an officer
to require a person to remove any of his clothing in public other than an outer
coat, jacket or glove; but it does authorise the search of a person’s mouth.
(6) An officer searching a
person under sub-paragraph (2) may seize and retain anything he finds, if he
has reasonable grounds for believing that the person searched might use it to
cause physical injury to himself or to another person.
(7) An officer searching a
person under sub-paragraph (3)(a) may seize and retain anything he finds, if he
has reasonable grounds for believing that he might use it to assist his escape
from lawful custody.
(8) An officer searching a
person under sub-paragraph (3)(b) may seize and retain anything he finds, other
than an item subject to legal privilege, if he has reasonable grounds for
believing that it might be a document falling within that sub-paragraph.
(8A) Sub-paragraph (8B)
applies where –
(a) an officer is searching
a person under this paragraph, and
(b) any document the
officer has reasonable grounds for believing is a document within sub-paragraph
(3)(b) is stored in any electronic form on a device or medium found on the
person.
(8B) The officer may require
the document to be produced in a form in which it can be taken away and in
which it is visible and legible or from which it can readily be produced in a
visible and legible form.
(8C) If a requirement under
sub-paragraph (8B) is not complied with or a document to which that
sub-paragraph applies cannot be produced in a form of the kind mentioned in
that sub-paragraph, the officer may seize the device or medium on which it is
stored.
(8D) Sub-paragraphs (8B) and
(8C) do not apply to a document which the officer has reasonable grounds for
believing is an item subject to legal privilege.
(9) Nothing seized under
sub-paragraph (6) or (7) may be retained when the person from whom it was
seized –
(a) is no longer in
custody, or
(b) is in the custody of a
court but has been released on bail.
Searching persons in police custody
25C.–(1) This
paragraph applies if a person –
(a) has been arrested under
this Schedule; and
(b) is in custody at a
police station.
(2) An immigration officer
may, at any time, search the arrested person in order to ascertain whether he
has with him –
(a) anything which he might
use to –
(i) cause physical injury
to himself or others;
(ii) damage property;
(iii) interfere with
evidence; or
(iv) assist his escape; or
(b) any document which
might –
(i) establish his
identity, nationality or citizenship; or
(ii) indicate the place
from which he has travelled to Jersey or to which he is proposing to go.
(3) The power may be
exercised only to the extent that the officer considers it to be necessary for
the purpose of discovering anything of a kind mentioned in sub-paragraph (2).
(4) An officer searching a
person under this paragraph may seize and retain anything he finds, if he has
reasonable grounds for believing that –
(a) that person might use
if for one or more of the purposes mentioned in sub-paragraph (2)(a); or
(b) it might be a document
falling within sub-paragraph (2)(b).
(5) But the officer may not
retain anything seized under sub-paragraph (2)(a) –
(a) for longer than is
necessary in view of the purpose for which the search was carried out; or
(b) when the person from
whom it was seized is no longer in custody or is in the custody of a court but
has been released on bail.
(6) The person from whom
something is seized must be told the reason for the seizure unless he is –
(a) violent or appears
likely to become violent; or
(b) incapable of
understanding what is said to him.
(7) An intimate search may
not be conducted under this paragraph.
(8) The person carrying out
a search under this paragraph must be of the same sex as the person searched.
(9) “Intimate search”, has
the same meaning as in section 28H(11).
Access and copying
25D.–(1) If
a person showing himself –
(a) to be the occupier of
the premises on which seized material was seized, or
(b) to have had custody or
control of the material immediately before it was seized,
asks the immigration officer who seized the material for a record of
what he seized, the officer must provide the record to that person within a
reasonable time.
(2) If a relevant person
asks an immigration officer for permission to be granted access to seized
material, the officer must arrange for that person to have access to the
material under the supervision of an immigration officer.
(3) An immigration officer
may photograph or copy, or have photographed or copied, seized material.
(4) If a relevant person
asks an immigration officer for a photograph or copy of seized material, the
officer must arrange for –
(a) that person to have
access to the material under the supervision of an immigration officer for the
purpose of photographing or copying it; or
(b) the material to be
photographed or copied.
(5) A photograph or copy
made under sub-paragraph (4)(b) must be supplied within a reasonable time.
(6) There is no duty under
this paragraph to arrange for access to, or the supply of a photograph or copy
of, any material if there are reasonable grounds for believing that to do so
would prejudice –
(a) the exercise of any
functions in connection with which the material was seized; or
(b) an investigation which
is being conducted under this Act, or any criminal proceedings which may be
brought as a result.
(7) “Relevant person” means –
(a) a person who had
custody or control of seized material immediately before it was seized, or
(b) someone acting on
behalf of such a person.
(8) “Seized material” means
anything which has been seized and retained under this Schedule.
25E. Section 28L applies for the purposes of this
Schedule as it applies for the purposes of Part III.
Supplementary duties of those connected
with ships or aircraft or with ports
26.–(1) The
owners or agents of a ship or aircraft employed to carry passengers for reward
shall not, without the approval of the Minister, arrange for the ship or
aircraft to call at a port in Jersey other than a port of entry for the purpose
of disembarking passengers, if any of the passengers on board may not enter
Jersey without leave, or for the purpose of embarking passengers unless the
owners or agents have reasonable cause to believe all of them to be British
citizens.
(1A) Sub-paragraph (1) does
not apply in such circumstances, if any, as the Minister may by Order
prescribe.
(2) The Minister may from
time to time give written notice to the owners or agents of any ships or
aircraft designating control areas for the embarkation or disembarkation of
passengers in any port in Jersey, and specifying the conditions and
restrictions (if any) to be observed in any control area; and where by notice
given to any owners or agents a control area is for the time being designated
for the embarkation or disembarkation of passengers at any port, the owners or
agents shall take all reasonable steps to secure that, in the case of their
ships or aircraft, passengers do not embark or disembark, as the case may be,
at the port outside the control area and that any conditions or restrictions
notified to them are observed.
(3) The Minister may also
from time to time give to any persons concerned with the management of a port
in Jersey written notice designating control areas in the port and specifying
conditions or restrictions to be observed in any control area; and any such
person shall take all reasonable steps to secure that any conditions or restrictions
as notified to him are observed.
27.–(1) The
captain of a ship or aircraft arriving in Jersey –
(a) shall take such steps
as may be necessary to secure that persons on board do not disembark there
unless either they have been examined by an immigration officer, or they
disembark in accordance with arrangements approved by an immigration officer,
or they are members of the crew who may lawfully enter Jersey without leave by
virtue of section 8(1) of this Act; and
(b) where the examination
of persons on board is to be carried out on the ship or aircraft, shall take
such steps as may be necessary to secure that those to be examined are
presented for the purpose in an orderly manner.
(2) The Minister may by
Order require, or enable an immigration officer to require, a responsible
person in respect of a ship or aircraft to supply –
(a) a passenger list
showing the names and nationality or citizenship of passengers arriving or
leaving on board the ship or aircraft;
(b) particulars of members
of the crew of the ship or aircraft.
(3) An Order under sub-paragraph (2) may relate –
(a) to all ships or
aircraft arriving or expected to arrive in Jersey;
(b) to all ships or
aircraft leaving or expected to leave Jersey;
(c) to ships or aircraft
arriving or expected to arrive in Jersey from or by way of a specified country;
(d) to ships or aircraft
leaving or expected to leave Jersey to travel to or by way of a specified
country;
(e) to specified ships or
specified aircraft.
(4) For the purposes of
sub-paragraph (2) the following are responsible persons in respect of a ship or
aircraft –
(a) the owner or agent, and
(b) the captain.
(5) An Order under
sub-paragraph (2)–
(a) may specify the time at
which or period during which information is to be provided,
(b) may specify the form
and manner in which information is to be provided,
(ba) may require a
responsible person to be able to receive, in a specified form and manner,
communications sent by the Minister or an immigration officer relating to the
information; and
(c) may require information
to be provided to the immigration officer or as the immigration officer
directs.
Passenger information or service
information
27B.–(1) This
paragraph applies to ships or aircraft –
(a) which have arrived, or
are expected to arrive, in Jersey; or
(b) which have left, or are
expected to leave, Jersey.
(2) If an immigration
officer asks the owner or agent (“the carrier”) of a ship or aircraft for
passenger information or service information, the carrier must provide that
information to the officer or as the officer directs.
(3) The officer may ask for
passenger information or service information relating to –
(a) a particular ship or
particular aircraft of the carrier;
(b) particular ships or
aircraft (however described) of the carrier; or
(c) all of the carrier’s
ships or aircraft.
(4) The officer may ask for –
(a) all passenger
information or service information in relation to the ship or aircraft
concerned; or
(b) particular passenger
information or service information in relation to that ship or aircraft.
(5) A request under
sub-paragraph (2) –
(a) must be in writing;
(b) must state the date on
which it ceases to have effect; and
(c) continues in force
until that date, unless withdrawn earlier by written notice by an immigration
officer.
(6) The date may not be
later than six months after the request is made.
(7) The fact that a request
under sub-paragraph (2) has ceased to have effect as a result of sub-paragraph
(5) does not prevent the request from being renewed.
(8) The information must be
provided –
(a) in such form and manner
as the Minister may direct; and
(b) at such time as may be
stated in the request.
(8A) The officer may require
a carrier to be able to receive communications from the officer in such form
and manner as the Minister may direct.
(9) “Passenger information”
means such information relating to the passengers carried, or expected to be
carried, by the ship or aircraft as may be specified.
(9A) “Service information”
means such information relating to the voyage or flight undertaken by the ship
or aircraft as may be specified.
(10) “Specified” means
specified in an Order made by the Minister.
27BA.–(1) The
Minister may make provision by Order requiring responsible persons in respect
of ships or aircraft –
(a) which have arrived, or
are expected to arrive, in Jersey, or
(b) which have left, or are
expected to leave, Jersey,
to supply information to the Minister or an immigration officer.
(2) The following
information may be required under sub-paragraph (1) –
(a) information about the
persons on board;
(b) information about the
voyage or flight.
(3) An Order under this
paragraph must –
(a) specify or describe the
classes of ships or aircraft to which they apply;
(b) specify the information
required to be supplied;
(c) specify the time by
which the information must be supplied;
(d) specify the form and
manner in which the information must be supplied.
(4) An Order under this
paragraph may require responsible persons to be able to receive, in a specified
form and manner, communications sent by the Minister or an immigration officer
relating to the information.
(5) For the purposes of
this paragraph, the following are responsible persons in respect of a ship or
aircraft –
(a) the owner or agent, and
(b) the captain.
(6) An Order under this
paragraph may make different provision for different purposes, and in
particular may make different provision for different types of carrier, journey
or person on board.
27BB.–(1) The
Minister may make provision by Order imposing penalties for failure to comply
with –
(a) an Order under
paragraph 27(2) (Order requiring passenger list or particulars of member of
crew),
(b) any request or
requirement under paragraph 27B (passenger and service information), or
(c) an Order under
paragraph 27BA (passenger, crew and service information).
(2) An Order under
sub-paragraph (1) may in particular make provision –
(a) about how a penalty is
to be calculated;
(b) about the procedure for
imposing a penalty;
(c) about the enforcement
of penalties;
(d) allowing for an appeal
against a decision to impose a penalty;
and the Order may make different provision for different purposes.
(3) Provision in the Order
about the procedure for imposing a penalty must provide for a person to be
given an opportunity to object to a proposed penalty in the circumstances set
out in the Order.
(4) The Order must provide
that no penalty may be imposed on a person for failure to comply with an Order
under paragraph 27(2), a request or requirement under paragraph 27B or an Order
under paragraph 27BA where –
(a) proceedings have been
instituted against the person under section 27 in respect of the same failure;
or
(b) the failure consists of
a failure to provide information that the person has also been required to
provide under section 32 or 32A of the Immigration, Asylum and Nationality Act
2006 and –
(i) a penalty has been
imposed on the person in respect of a failure to provide that information by
virtue of regulations made under section 32B of that Act, or
(ii) proceedings have been
instituted against the person under section 34 of that Act in respect of a
failure to provide that information; or
(c) the failure consists of
a failure to provide information that the person has also been required to
provide under an authority-to-carry scheme made under section 22 of the
Counter-Terrorism and Security Act 2015 and a penalty has been imposed on the
person in respect of a failure to provide that information by virtue of an
Order made under section 24 of that Act.
(5) Any penalty paid by
virtue of this paragraph must be paid to the Treasurer of the States and
credited to the Annual Income of the States.
SCHEDULE 3
SUPPLEMENTARY PROVISIONS AS TO DEPORTATION
Section 5
Removal of persons liable to deportation
1.–(1) Where
a deportation order is in force against any person, the Minister may give
directions for his removal to a country or territory specified in the
directions being either –
(a) a country of which he
is a national or citizen; or
(b) a country or territory
to which there is reason to believe that he will be admitted.
(2) The directions under
sub-paragraph (1) above may be either –
(a) directions given to the
captain of a ship or aircraft about to leave Jersey requiring him to remove the
person in question in that ship or aircraft; or
(b) directions given to the
owners or agents of any ship or aircraft requiring them to make arrangements
for his removal in a ship or aircraft specified or indicated in the directions;
or
(c) directions for his
removal in accordance with arrangements to be made by the Minister.
(3) In relation to
directions given under this paragraph, paragraphs 11 and 16(4) of Schedule 2 to
this Act shall apply, with the substitution of references to the Minister for
references to an immigration officer, as they apply in relation to directions
for removal given under paragraph 8 of that Schedule.
(4) The Minister, if he
thinks fit, may apply in or towards payment of the expenses of or incidental to
the voyage from Jersey of a person against whom a deportation order is in
force, or the maintenance until departure of such a person and his dependants,
if any, any money belonging to that person; and except so far as they are paid
as aforesaid, those expenses shall be shall be defrayed by the Minister.
Detention or control pending deportation
2.–(1) Where
a recommendation for deportation made by a court is in force in respect of any
person, and that person is neither detained in pursuance of the sentence or
order of any court nor for the time being released on bail by any court having
power so to release him, he shall, unless the court by which the recommendation
is made otherwise directs, or a direction is given under sub-paragraph (1A)
below, be detained pending the making of a deportation order in pursuance of
the recommendation, unless the Minister directs him to be released pending
further consideration of his case.
(1A) Where –
(a) a recommendation for
deportation made by a court on conviction of a person is in force in respect of
him; and
(b) he appeals against his
conviction or against that recommendation,
the powers that the court determining the appeal may exercise
include power to direct him to be released without setting aside the
recommendation.
(3) Where a deportation
order is in force against any person, he may be detained under the authority of
the Minister pending his removal or departure from Jersey (and if already
detained by virtue of sub-paragraph (1) above when the order is made, shall
continue to be detained unless the Minister directs otherwise).
(4) In relation to
detention under sub-paragraph (3) above, paragraphs 17 to 18A and 25A to 25E of
Schedule 2 to this Act shall apply as they apply in relation to detention under
paragraph 16 of that Schedule; and for that purpose the reference in paragraph
17(1) to a person liable to detention includes a reference to a person who
would be liable to detention upon receipt of a notice which is ready to be
given to him.
(4ZA) The detention under
sub-paragraph (1) or (3) of a person to whom section 60 (limitation on
detention of pregnant women) of the Immigration Act 2016 applies is subject to
that section.
(5) A person to whom this
sub-paragraph applies shall be subject to such restrictions as to residence, as
to his employment or occupation and as to reporting to the police as may from
time to time be notified to him in writing by the Minister.
(6) The persons to whom
sub-paragraph (5) above applies are –
(a) a person liable to be
detained under sub-paragraph (1) above, while by virtue of a direction of the
Minister he is not so detained; and
(b) a person liable to be
detained under sub-paragraph (3) above, while he is not so detained.
Powers of courts pending deportation
4. Where the release of a person recommended
for deportation is directed by a court, he shall be subject to such
restrictions as to residence, as to his employment or occupation and as to
reporting to the police as the court may direct.
5.–(1) On an
application made –
(a) by or on behalf of a
person recommended for deportation whose release was so directed; or
(b) by a police officer; or
(c) by an immigration
officer,
the appropriate court shall have the powers specified in
sub-paragraph (2) below.
(2) The powers mentioned in
sub-paragraph (1) above are –
(a) if the person to whom
the application relates is not subject to any such restrictions imposed by a
court as are mentioned in paragraph 4 above, to order that he shall be subject
to any such restrictions as the court may direct; and
(b) if he is subject to
such restrictions imposed by a court by virtue of that paragraph or this
paragraph –
(i) to direct that any of
them shall be varied or shall cease to have effect; or
(ii) to give further
directions as to his residence and reporting.
6.–(1) In
this Schedule “the appropriate court” means, except in a case where the court
which directed release was the Court of Appeal, the court which directed
release.
(2) Where the Court of
Appeal gave the direction, the appropriate court is the Royal Court.
7. A police officer or immigration officer may
arrest without warrant any person who is subject to restrictions imposed by a
court under this Schedule and who at the time of arrest is in Jersey –
(a) if he has reasonable
grounds to suspect that that person is contravening or has contravened any of those
restrictions; or
(b) if he has reasonable
grounds for believing that that person is likely to contravene any of them.
8.–(1) A
person arrested in pursuance of paragraph 7 above shall be brought as soon as
practicable and in any event within 24 hours after his arrest before the
Bailiff or a Jurat.
(2) In reckoning for the
purposes of this paragraph any period of 24 hours, no account shall be taken of
Christmas Day, Good Friday or any Sunday.
10. Where a person is brought before the Bailiff
or a Jurat by virtue of paragraph 8 above, the Bailiff or the Jurat, as the
case may be –
(a) if of the opinion that
that person is contravening, has contravened or is likely to contravene any
restriction imposed on him by a court under this Schedule, may direct –
(i) that he be detained;
or
(ii) that he be released
subject to such restrictions as to his residence and reporting to the police as
the Bailiff or, as the case may be, the Jurat may direct; and
(b) if not of that opinion,
shall release him without altering the restrictions as to his residence and his
reporting to the police.
SCHEDULE 4
INTEGRATION WITH JERSEY LAW
OF IMMIGRATION LAWS OF THE UNITED KINGDOM, GUERNSEY AND THE ISLE OF MAN
Section 9
Leave
to enter
1.–(1) Where under the immigration laws of any of the United Kingdom,
Guernsey or the Isle of Man a person is or has been given leave to enter or
remain in the island or, as the case may be, the United Kingdom, or is or has
been refused leave, this Act shall have effect in relation to him, if he is not
a British citizen or an Irish citizen, as if the leave were leave (of like
duration) given under this Act to enter or remain in Jersey, or, as the case
may be, as if he had under this Act been refused leave to enter Jersey.
(2) Where under the
immigration laws of the United Kingdom, Guernsey or the Isle of Man a person
has a limited leave to enter or remain in the island or, as the case may be,
the United Kingdom subject to any such conditions as are authorised in Jersey
by section 3(1) of this Act (being conditions imposed by notice given to him,
whether the notice of leave or a subsequent notice), then on his coming to
Jersey this Act shall apply, if he is not a British citizen or an Irish
citizen, as if those conditions related to his stay in Jersey and had been
imposed by notice under this Act; and for the purposes of this sub-paragraph a
condition requiring a person to register with the police or any other body or
person shall be treated as a condition requiring him to register under section
4(3) of this Act.
(3) Without prejudice to
the generality of sub-paragraphs (1) and (2) above, anything having effect in
Jersey by virtue of either of those sub-paragraphs may in relation to Jersey be
varied or revoked under this Act in like manner, and subject to the like appeal
(if any) or right of review, as if it had originated under this Act as
mentioned in that sub-paragraph.
(4) Where anything having
effect in Jersey by virtue of sub-paragraph (1) or (2) above ceases to have
effect or is altered in effect as mentioned in sub-paragraph (3) or otherwise
by anything done under this Act, sub-paragraph (1) or (2) shall not
thereafter apply to it or, as the case may be, shall apply to it as so altered
in effect.
(5) Nothing in this
paragraph shall be taken as conferring on a person a right of appeal against or
of review of any decision or action taken in the United Kingdom, Guernsey or
the Isle of Man.
2. Notwithstanding section 3(4) of this Act,
leave given to a person under this Act to enter or remain in Jersey shall not
continue to apply on his return to Jersey after an absence if he has during
that absence entered the United Kingdom, Guernsey or the Isle of Man in
circumstances in which he is required under the immigration laws of the United
Kingdom or, as the case may be, of Guernsey or the Isle of Man, to obtain leave
to enter.
Deportation
3.–(1) Subject
to sub-paragraph (2) below, where under the immigration laws of the United
Kingdom, Guernsey or the Isle of Man, a person is or has been ordered to leave
the United Kingdom or, as the case may be, Guernsey or the Isle of Man, and
forbidden to return, then, if he is not a British Citizen or an Irish citizen,
this Act shall have effect in relation to him as if the order were a
deportation order made against him under this Act.
(2) The Minister shall not
by virtue of sub-paragraph (1) above have power to revoke a deportation order
made in the United Kingdom, Guernsey or the Isle of Man, but may in any
particular case direct that sub-paragraph (1) shall not apply in relation to an
order so made; and nothing in this paragraph shall render it unlawful for a
person in respect of whom such an order is in force in the United Kingdom,
Guernsey or the Isle of Man to enter Jersey on his way from the United Kingdom
or, as the case may be, Guernsey or the Isle of Man, to a place outside Jersey.
Illegal entrants
4. Notwithstanding anything in section 1(3)
of this Act, it shall not be lawful for a person who is not a British citizen
or an Irish citizen to enter Jersey from any of the United Kingdom, Guernsey or
the Isle of Man where his presence was unlawful under the immigration laws of
the United Kingdom or, as the case may be, of Guernsey or the Isle of Man,
unless he is given leave to enter.
SCHEDULE 4A
ENFORCEMENT POWERS IN RELATION TO SHIPS
Section 28M
PART 1
Introductory
1.–(1) This
Part of this Schedule sets out the powers exercisable by immigration officers,
police officers and enforcement officers (referred to in this Part of this
Schedule as “relevant officers”) under section 28M.
(2) In this Part of this
Schedule –
“items subject to legal privilege” has the same meaning as in the Police Procedures and
Criminal Evidence (Jersey) Law 2003 (see Article 5 of that Law);
“the ship” means the ship in relation to which the powers set out in
this Part of this Schedule are exercised.
Power to stop, board, divert and detain
2.–(1) This
paragraph applies if a relevant officer has reasonable grounds to suspect that –
(a) an offence under
section 25 or 25A is being, or has been, committed on the ship, or
(b) the ship is otherwise
being used in connection with the commission of an offence under any of those
sections.
(2) The relevant officer
may –
(a) stop the ship;
(b) board the ship;
(c) require the ship to be
taken to a port in Jersey and detained there.
(3) The relevant officer
may require the master of the ship, or any member of its crew, to take such
action as is necessary for the purposes of sub-paragraph (2)(c).
(4) A relevant officer must
give notice in writing to the master of any ship detained under this paragraph.
(5) The notice must state
that the ship is to be detained until the notice is withdrawn by the giving of
a further notice in writing signed by a relevant officer.
Power to search and obtain information
3.–(1) This
paragraph applies if a relevant officer has reasonable grounds to suspect that
there is evidence on the ship (other than items subject to legal privilege)
relating –
(a) to an offence under
section 25 or 25A, or
(b) to an offence that is
connected with an offence under any of those sections.
(2) The relevant officer
may search –
(a) the ship;
(b) anyone on the ship;
(c) anything on the ship
(including cargo).
(3) The relevant officer
may require a person on the ship to give information about himself or herself
or about anything on the ship.
(4) The power to search
conferred by sub-paragraph (2) –
(a) is only a power to
search to the extent that it is reasonably required for the purpose of
discovering evidence of the kind mentioned in sub-paragraph (1), and
(b) in the case of a search
of a person, does not authorise a relevant officer to require the person to
remove any clothing in public other than an outer coat, jacket or gloves.
(5) In exercising a power
conferred by sub-paragraph (2) or (3) a relevant officer may –
(a) open any containers;
(b) require the production
of documents, books or records relating to the ship or anything on it (but not
including anything the relevant officer has reasonable grounds to believe to be
an item subject to legal privilege);
(c) make photographs or
copies of anything the production of which the relevant officer has power to
require.
(6) The power in
sub-paragraph (5)(b) to require the production of documents, books or records
includes, in relation to documents, books or records kept in electronic form,
power to require the provision of the documents, books or records in a form in
which they are legible and can be taken away.
(7) Sub-paragraph (5) is
without prejudice to the generality of the powers conferred by sub-paragraphs
(2) and (3).
(8) A power conferred by
this paragraph may be exercised on the ship or elsewhere.
Power
of arrest and seizure
4.–(1) This paragraph applies if a relevant officer has reasonable
grounds to suspect that an offence under section 25 or 25A has been, or is
being, committed on the ship.
(2) The relevant officer
may arrest without warrant anyone whom the police officer or immigration
officer has reasonable grounds for suspecting to be guilty of the offence.
(3) The relevant officer
may seize and retain anything found on the ship which appears to the officer to
be evidence of the offence (but not including anything that the police officer
or immigration officer has reasonable grounds to believe to be an item subject
to legal privilege).
(4) A power conferred by
this paragraph may be exercised on the ship or elsewhere.
Protective searches of persons
5.–(1) A
relevant officer may search a person found on the ship for anything which the
officer has reasonable grounds to believe the person might use to –
(a) cause physical injury,
(b) cause damage to
property, or
(c) endanger the safety of
any ship.
(2) The power conferred by
sub-paragraph (1) may be exercised –
(a) only if the officer has
reasonable grounds to believe that anything of a kind mentioned in that
sub-paragraph is concealed on the person; and
(b) only to the extent that
it is reasonably required for the purpose of discovering any such thing.
(3) The relevant officer
may seize and retain anything which the officer has reasonable grounds to
believe might –
(a) cause physical injury,
(b) cause damage to
property, or
(c) endanger the safety of
any ship.
(4) If the person is
detained, nothing seized under sub-paragraph (3) may be retained when the
person is released from detention.
(5) A power conferred by
this paragraph to search a person does not authorise a relevant officer to
require the person to remove any clothing in public other than an outer coat,
jacket or gloves, but it does authorise the search of a person’s mouth.
(6) A power conferred by
this paragraph may be exercised on the ship or elsewhere.
Search for nationality documents
6.–(1) A
relevant officer may require a person found on the ship to produce a
nationality document.
(2) The relevant officer
may search a person found on the ship where the officer has reasonable grounds
to believe that a nationality document is concealed on the person.
(3) The power conferred by
sub-paragraph (2) may be exercised –
(a) only if the officer has
reasonable grounds to believe that a nationality document is concealed on the
person; and
(b) only to the extent that
it is reasonably required for the purpose of discovering any such document.
(4) Subject as follows, the
officer may seize and retain a nationality document for as long as the officer
believes the person to whom it relates will arrive in Jersey by virtue of the
exercise of the power in paragraph 2.
(5) The power to retain a
nationality document in sub-paragraph (4) does not affect any other power of an
immigration officer to retain a document.
(6) Where the nationality
document has been seized and retained by a relevant officer who is not an
immigration officer, the document must be passed to an immigration officer as
soon as is practicable after the ship has arrived in Jersey.
(7) The power conferred by
this paragraph to search a person does not authorise a relevant officer to –
(a) require the person to
remove any clothing in public other than an outer coat, jacket or gloves, or
(b) seize and retain any
document the officer has reasonable grounds to believe to be an item subject to
legal privilege.
(8) In this paragraph a
“nationality document”, in relation to a person, means any document which might –
(a) establish the person’s
identity, nationality or citizenship, or
(b) indicate the place from
which the person has travelled to Jersey or to which the person is proposing to
go.
(9) A power conferred by
this paragraph may be exercised on the ship or elsewhere.
Assistants
7.–(1) A
relevant officer may –
(a) be accompanied by other
persons, and
(b) take equipment or
materials,
to assist the officer in the exercise of powers under this Part of
this Schedule.
(2) A person accompanying a
relevant officer under sub-paragraph (1) may perform any of the officer’s
functions under this Part of this Schedule, but only under the officer’s
supervision.
Reasonable force
8. A relevant officer may use reasonable
force, if necessary, in the performance of functions under this Part of this Schedule.
Evidence of authority
9. A relevant officer must produce evidence
of the officer’s authority if asked to do so.
Protection
of relevant officers
10. A relevant officer is not
liable in any criminal or civil proceedings for anything done in the purported
performance of functions under this Part of this Schedule if the court is
satisfied that –
(a) the act was done in
good faith, and
(b) there were reasonable
grounds for doing it.
Offences
11.–(1) A
person commits an offence if the person –
(a) intentionally obstructs
a relevant officer in the performance of functions under this Part of this
Schedule, or
(b) fails without
reasonable excuse to comply with a requirement made by a relevant officer in
the performance of those functions.
(2) A person who provides
information in response to a requirement made by a relevant officer in the
performance of functions under this Part of this Schedule commits an offence if –
(a) the information is
false in a material particular, and the person either knows it is or is
reckless as to whether it is, or
(b) the person
intentionally fails to disclose any material particular.
(3) A relevant officer may
arrest without warrant anyone whom the officer has reasonable grounds for
suspecting to be guilty of an offence under this paragraph.
(4) A person guilty of an
offence under this paragraph is liable on conviction to imprisonment for a term
not exceeding 12 months or to a fine not exceeding level 3 on the standard
scale or to both.
SCHEDULE
2
Article 4
Extension and modification of the
Immigration Act 1988
|
Column 1
Provision
|
Column 2
Modification
|
|
Section 2: heading
|
(No modification)
|
|
Section 2
|
For “the United Kingdom” in each place substitute “Jersey”.
After section (10) insert subsection (11) set out in Schedule 2A.
|
|
Section 12: heading
|
For “, interpretation, commencement and extent” substitute “and
interpretation”
|
|
Section 12
|
Omit subsections (3), (4) and (5).
|
SCHEDULE
2A
Article 4
Provisions of the Immigration Act 1988 as
extended to Jersey
|
Provision as extended to Jersey
|
Restriction on exercise of right of abode in cases of polygamy.
2.–(1) This
section applies to any woman who –
(a) has the right of abode
in Jersey under section 2(1)(b) of the principal Act as, or as having been, the
wife of a man (“the husband”) –
(i) to whom she is or was
polygamously married; and
(ii) who is or was such a
citizen of the United Kingdom and Colonies, Commonwealth citizen or British
subject as is mentioned in section 2(2)(a) or (b) of that Act as in force
immediately before the commencement of the British Nationality Act 1981; and
(b) has not before the
coming into force of this section and since her marriage to the husband been in
Jersey.
(2) A woman to whom this
section applies shall not be entitled to enter Jersey in the exercise of the
right of abode mentioned in subsection (1)(a) above or to be granted a
certificate of entitlement in respect of that right if there is another woman
living (whether or not one to whom this section applies) who is the wife or
widow of the husband and who –
(a) is, or at any time
since her marriage to the husband has been, in Jersey; or
(b) has been granted a
certificate of entitlement in respect of the right of abode mentioned in
subsection (1)(a) above or an entry clearance to enter Jersey as the wife of
the husband.
(3) So long as a woman is
precluded by subsection (2) above from entering Jersey in the exercise of her
right of abode or being granted a certificate of entitlement in respect of that
right the principal Act shall apply to her as it applies to a person not having
a right of abode.
(4) Subsection (2) above
shall not preclude a woman from re-entering Jersey if since her marriage to the
husband she has at any time previously been in Jersey and there was at that
time no such other woman living as is mentioned in that subsection.
(5) Where a woman claims
that this section does not apply to her because she had been in Jersey before
the coming into force of this section and since her marriage to the husband it
shall be for her to prove that fact.
(6) For the purposes of
this section a marriage may be polygamous although at its inception neither
party has any spouse additional to the other.
(7) For the purposes of
subsections (1)(b), (2)(a), (4) and (5) above there shall be disregarded
presence in Jersey as a visitor or an illegal entrant and presence in
circumstances in which a person is deemed by section 11(1) of the principal Act
not to have entered Jersey.
(8) In subsection (2)(b)
above the reference to a certificate of entitlement includes a reference to a
certificate treated as such a certificate by virtue of section 39(8) of the
British Nationality Act 1981.
(9) No application by a
woman for a certificate of entitlement in respect of such a right of abode as
is mentioned in subsection (1)(a) above or for an entry clearance shall be
granted if another application for such a certificate or clearance is pending
and that application is made by a woman as the wife or widow of the same
husband.
(10) For the purposes of
subsection (9) above an application shall be regarded as pending so long as it
and any appeal proceedings relating to it have not been finally determined.
(11) This section does not
apply to a woman who applied for a certificate of entitlement in respect of the
right of abode mentioned in subsection (1)(a) before 1st August 1993.
Short title and interpretation.
12.–(1) This
Act may be cited as the Immigration Act 1988.
(2) In this Act “the
principal Act” means the Immigration Act 1971 and any expression which is also
used in that Act has the same meaning as in that Act.
SCHEDULE
3
Article 5
Extension and modification of the Asylum
and Immigration Appeals Act 1993
|
Column 1
Provision
|
Column 2
Modification
|
|
Section 1: heading
|
(No modification)
|
|
Section 1
|
Omit the definition of “claim for asylum”.
|
|
Section 2: heading
|
(No modification)
|
|
Section 2
|
(No modification)
|
SCHEDULE
3A
Article 5
Provisions of the Asylum and Immigration
Appeals Act 1993 as extended to Jersey
|
Provision as extended to Jersey
|
Interpretation.
1. In this Act –
“the 1971 Act” means the Immigration Act 1971;
“the Convention” means the Convention relating to the Status of
Refugees done at Geneva on 28th July 1951 and the Protocol to that Convention.
Primacy of Convention.
2. Nothing in the immigration rules (within
the meaning of the 1971 Act) shall lay down any practice which would be
contrary to the Convention.
SCHEDULE
4
Article 6
Extension and modification of the
Immigration and Asylum Act 1999
|
Column 1
Provision
|
Column 2
Modification
|
|
Part I: heading and cross-heading
|
In the cross-heading for “the United Kingdom” substitute “Jersey”.
|
|
Section 10: heading (see the 2014 Act s.1)
|
For “the United Kingdom” substitute “Jersey”.
|
|
Section 10 as substituted by the 2014 Act s.1
|
For “the United Kingdom” in each place substitute “Jersey”.
For “Secretary of State” in each place substitute “Minister”.
For subsection (5) substitute subsection (3) set out in Schedule
4A.
In subsection (9) –
(a) in paragraph (h) for “UK” substitute “Jersey”;
(b) omit paragraph (i).
In subsection (10) for “regulations” substitute “Order”.
For subsection (11) substitute subsection (11) set out in Schedule
4A.
|
|
Section 13: heading
|
(No modification)
|
|
Section 13
|
In subsection (1)(a) for “the United Kingdom” substitute “Jersey”.
In subsections (2) and (3) for “Secretary of State” substitute “Minister”.
For subsection (4) substitute subsections (4) and (4A) set out in Schedule
4A.
In subsection (5)(b) for “regulations” substitute “Regulations”.
|
|
Section 14: heading
|
For “the United Kingdom” substitute “Jersey”.
|
|
Section 14
|
In subsection (1) for “the United Kingdom” substitute “Jersey”.
In subsection (2) for “Secretary of State may be regulations” substitute
“Minister may by Order”.
In subsection (3) –
(a) for “The regulations” substitute “Such Order”;
In paragraph (a) for “the United Kingdom” substitute “Jersey”;
(b) in paragraph (b) for “Secretary of State” substitute “Minister”.
|
|
Section 24: cross-heading
|
(No modification)
|
|
Section 24: heading
|
(No modification)
|
|
Section 24 as amended by the 2014 Act s.55(2)
|
For subsection (1) substitute subsection (1) set out in Schedule
4A.
Omit subsection (2).
In subsection (3) for “Secretary of State without delay and in such
form and manner as may be prescribed by regulations” substitute “Minister without
delay and in writing”.
Omit subsection (4).
In subsection (5) –
(a) in paragraph (c)(i) for “United Kingdom immigration law or the
immigration rules” substitute “immigration law or the immigration rules in Jersey
or elsewhere in the British Islands”;
(b) in paragraph (c)(ii) for “the United Kingdom” substitute “Jersey
or elsewhere in the British Islands”.
For subsection (6) substitute subsections (6) and (7) set out in Schedule
4A.
|
|
Section 24A (new section): heading
|
Insert heading set out in Schedule 4A.
|
|
Section 24A (new section)
|
After section 24 insert section 24A set out in Schedule 4A.
|
|
Section 25: cross-heading
|
(No modification)
|
|
Section 25: heading
|
(No modification)
|
|
Section 25
|
In subsections (1) and (2) for “Secretary of State” in each place substitute
“Minister”.
Omit subsections (3) and (4).
For subsection (5) substitute subsection (5) set out in Schedule
4A.
In subsection (7) for “order made by the Secretary of State” substitute
“Order made by the Minister”.
|
|
Section 26: heading
|
(No modification)
|
|
Section 26
|
In subsection (1) for “Secretary of State” substitute “Minister”.
|
|
Section 31: heading
|
(No modification)
|
|
Section 31
|
In subsections (1) and (2) for “the United Kingdom” in each place substitute
“Jersey”.
For subsection (3) substitute subsection (3) set out in Schedule
4A.
In subsection (7) for “Secretary of State” substitute “Minister”.
Omit subsections (8) and (9).
For subsections (10) and (11) substitute subsection (10) set out in
Schedule 4A.
|
|
|
|
|
Part II: heading
|
(No modification)
|
|
Section 32: cross-heading
|
(No modification)
|
|
Section 32: heading
|
(No modification)
|
|
Section 32 as amended by the 2002 Act Schedule 8 paragraph 2(3),(4),(5)(a),(b),
(7) and (8)
|
In subsection (1) for “the United Kingdom” in each place substitute
“Jersey”.
In subsections (2), (2A) and (3) for “Secretary of State” substitute
“Minister”.
In subsection (10) –
(a) for “United Kingdom immigration control and includes any United
Kingdom” substitute “Jersey immigration control and includes any Jersey”;
(b) for “the United Kingdom” substitute “Jersey”.
|
|
Section 32A: heading
|
(No modification)
|
|
Section 32A as inserted by the 2002 Act Schedule 8 paragraph 3
|
For “Secretary of State” in each place substitute “Minister”.
Omit subsections (3), (4) and (6).
|
|
Section 33: heading as substituted by the 2002 Act Schedule 8 paragraph
4
|
(No modification)
|
|
Section 33
|
For “Secretary of State” in each place substitute “Minister”.
In subsection (2) for paragraphs (a) and (b) substitute “consult such
persons as he considers appropriate”.
Omit subsections (3) and (4).
In subsection (6) for “Subsections (2) and (4) also apply” substitute
“Subsection (2) also applies”.
|
|
Section 34: heading
|
(No modification)
|
|
Section 34 as amended by the 2002 Act Schedule 8 paragraph 6(2), (3),
(5) and (6) and Schedule 9
|
In subsection (4) for “Secretary of State” substitute “Minister”.
|
|
Section 35: heading
|
(No modification)
|
|
Section 35 as amended by the 2002 Act Schedule 8 paragraph 7(2), (3),
(4)(a) and (b) and (5)
|
For “Secretary of State” in each place substitute “Minister”.
In subsection (2)(a) for “Secretary of State’s” substitute “Minister’s”.
In subsection (9) for “regulations” substitute “Order”.
In subsection (12) for “the United Kingdom” substitute “Jersey”.
In subsection (13) for “regulations” in each place substitute “Order”.
|
|
Section 35A: heading (see the 2002 Act Schedule 8 paragraph 8)
|
(No modification)
|
|
Section 35A as inserted by the 2002 Act Schedule 8 paragraph 8
|
In subsection (3) –
(a) for “Secretary of State’s” substitute “Minister’s”;
(b) for “Secretary of State” substitute “Minister”.
In subsection (4) for “Civil Procedure Rules” substitute “Rules of
Court”.
|
|
Section 36: heading
|
(No modification)
|
|
Section 36 as amended by the 2002 Act Schedule 8 paragraph 9(2)(a)
and (3)
|
For “Secretary of State” in each place substitute “Minister”.
In subsection (2B) for “ship, small aircraft or rail freight wagon”
substitute “ship or small aircraft”.
In subsection (2C)(b) for “ship, aircraft or wagon by an immigration
officer after it arrived in the United Kingdom” substitute “ship or aircraft by
an immigration officer after it arrived in Jersey”.
|
|
Section 36A: heading (see the 2002 Act Schedule 8 paragraph 10)
|
(No modification)
|
|
Section 36A as inserted by the 2002 Act Schedule 8 paragraph 10
|
For “Secretary of State” in both places substitute “Minister”.
In subsection (2) for “, small aircraft or rail freight wagon” substitute
“or small aircraft”.
In subsections (3) and (6) for “ship, aircraft or wagon” substitute
“ship or aircraft”.
|
|
Section 37: heading
|
(No modification)
|
|
Section 37 as amended by the 2002 Act Schedule 8 paragraph 11(5), (6)
and (7)
|
In subsections (4) and (5) for “Secretary of State” substitute “Minister”.
|
|
Section 40: cross-heading
|
(No modification)
|
|
Section 40: heading (see the 2002 Act Schedule 8 paragraph 13)
|
(No modification)
|
|
Section 40 as substituted by the 2002 Act Schedule 8 paragraph 13
|
For “the United Kingdom” in each place substitute “Jersey”.
For “Secretary of State” in each place substitute “Minister”.
Omit subsections (7) and (8).
In subsection (9)(b) after “United Kingdom” insert “and Islands”.
In subsection (10) for “by order” substitute “by Order”.
|
|
Section 40A: heading (see the 2002 Act Schedule 8 paragraph 13)
|
(No modification)
|
|
Section 40A as inserted by the 2002 Act Schedule 8 paragraph 13
|
For “Secretary of State” in each place substitute “Minister”.
In subsection (2)(a) for “Secretary of State’s” substitute “Minister’s”.
|
|
Section 40B: heading (see the 2002 Act Schedule 8 paragraph 13)
|
(No modification)
|
|
Section 40A as inserted by the 2002 Act Schedule 8 paragraph 13
|
In subsection (3) –
(a) for “Secretary of State’s” substitute “Minister’s”;
(b) for “Secretary of State” substitute “Minister”.
In subsection (4) for “Civil Procedure Rules” substitute “Rules of
Court”.
|
|
Section 41: heading
|
(No modification)
|
|
Section 41
|
In subsection (1) for “Secretary of State may by order” substitute
“Minister may by Order”.
In subsection (2) in the definition of “Transit passengers” for “the
United Kingdom pass through to another country without entering the United Kingdom”
substitute “Jersey from a country outside the British Islands pass through to
another country outside the British Islands without entering Jersey”.
In subsection (3) –
(a) for “order” in each place substitute “Order”;
(b) in paragraph (b) for “the United Kingdom” substitute “Jersey”.
|
|
Section 43: cross-heading
|
(No modification)
|
|
Section 43: heading
|
(No modification)
|
|
Section 43 as amended by the 2002 Act Schedule 8 paragraph 15(b) and
(h)
|
For subsections (2) and (3) substitute subsections (2) and (3) set
out in Schedule 4A.
|
|
|
|
|
Part VII: heading
|
(No modification)
|
|
Section 141: cross-heading
|
(No modification)
|
|
Section 141: heading
|
(No modification)
|
|
Section 141 as amended by the 2004 Act s.15(4); the 2006 Act s.28(2)
and (3); the 2014 Act Schedule 9(4) paragraph 29; and the 2016 Act s.57(2), (3),
(4), (5) and (6)
|
For “Secretary of State” in each place substitute “Minister”.
For “the United Kingdom” in each place substitute “Jersey”.
In subsection (5) –
(a) for “constable” substitute “police officer”;
(b) after paragraph (c) add “or”;
(c) omit “; or (e) a person who is employed by a contractor in connection
with the discharge of the contractor’s duties under a removal centre contract”.
Omit subsection (6).
For paragraph (c) of subsection (7) substitute paragraph (c) of subsection
(7) set out in Schedule 4A.
In paragraph (f)(ii) of subsection (7) for “(c)(i)” substitute
“(c)”
For subsection paragraph (c) of subsection (9) substitute paragraph
(c) of subsection (9) set out in Schedule 4A.
In subsection (12) –
(a) in paragraph (a) for “constable, by a person designated for the
purpose by the chief constable of his police force” substitute “police officer,
by a person designated for the purpose by the Chief Officer of the States of Jersey
Police Force”;
(b) in paragraph (b) for “a chief immigration officer” substitute “the
Chief Immigration Officer”.
For subsection (15) substitute subsection (15) set out in Schedule
4A.
|
|
Section 142: heading
|
(No modification)
|
|
Section 142 as amended by the 2006 Act s.29; and the 2016 Act s.57(8)
and (9)
|
In subsection (1) for “Secretary of State” substitute “Minister”.
In subsection (3) for “constable” substitute “police officer”.
|
|
Section 143: heading
|
(No modification)
|
|
Section 143
|
For “the United Kingdom” in both places substitute “Jersey”.
Omit subsections (3), (4), (5), (6), (7) and (8).
In subsection (9) –
(a) after “F” insert “(within the meaning of section 141(7))”;
(b) after “the person” insert “of whose family he is a member or”.
For “Secretary of State” in each place substitute “Minister”.
Omit subsection (14).
In subsection (15)(a) for “by order” substitute “by Order”.
|
|
Section 144: heading
|
(No modification)
|
|
Section 144 as amended by the 2002 Act s.128(1); and the 2014 Act Schedule
2 paragraphs 2(2) and (3)
|
In subsection (1) –
(a) for “Secretary of State may make regulations” substitute “States
may make Regulations”;
(b) for “prescribed” substitute “specified in the Regulations”.
|
|
Section 144A: heading (see the 2014 Act s.14(2))
|
(No modification)
|
|
Section 144A as inserted by the 2014 Act s.14(2); and amended by the
2016 Act s.57(11)
|
For “regulations” in each place substitute “Regulations”.
|
|
Section 145: cross-heading
|
(No modification)
|
|
Section 145: heading
|
(No modification)
|
|
Section 145 as amended by the 2002 Act s.128(2)
|
In subsection (2A) for “regulations” substitute “Regulations”.
In subsection (4) for “Secretary of State” substitute “Minister”.
For subsection (6) substitute subsection (6) set out in Schedule
4A.
Omit subsection (7).
|
|
Section 146: heading
|
(No modification)
|
|
Section 146 as amended by the 2002 Act s.153(2); and the 2014 Act Schedule
1 paragraph 5
|
In subsection (2) –
(a) in paragraph (a) omit “28CA, 28FA or”; and
(b) in paragraph (c) for “regulations” substitute “Regulations”.
|
|
|
|
|
Part X: heading
|
(No modification)
|
|
Section 166:heading
|
For “orders” substitute “Orders”.
|
|
Section 166
|
For section 166 substitute section 166 set out in Schedule 4A.
|
|
Section 167: heading
|
(No modification)
|
|
Section 167 as amended by the 2006 Act Schedule 3
|
In subsection (1) –
(a) omit the definitions of “adjudicator”, “Chief Adjudicator”, “the
Commission” and “voluntary organisations”;
(b) for the definition of “claim for asylum” substitute the definition
of “claim for asylum” set out in Schedule 4A;
(c) in the definition of “the Human Rights Convention” for “the United
Kingdom” substitute “Jersey”;
(d) after that definition insert the definition of “the Minister” set
out in Schedule 4A;
(e) in the definition of “prescribed” for “regulations made by the
Secretary of State” substitute “Order made by the Minister”.
|
|
Section 169: heading
|
For the heading substitute the heading set out in Schedule 4A.
|
|
Section 169
|
For section 169 substitute section 169 set out in Schedule 4A.
|
|
Section 170: heading
|
Omit “, commencement and extent”
|
|
Section 170
|
In subsection (1) omit “ –(1)”
Omit subsections (2) to (7).
|
|
|
|
|
Schedule 1: heading
|
(No modification)
|
|
Schedule 1, paragraph 1: heading
|
(No modification)
|
|
Schedule 1, paragraph 1
|
In sub-paragraph (2)(c) for “Secretary of State” substitute “Minister”.
|
|
Schedule 1, paragraph 2: heading
|
(No modification)
|
|
Schedule 1, paragraph 2
|
For “Secretary of State” in both places substitute “Minister”.
|
|
Schedule 1, paragraph 2A as inserted by the 2002 Act Schedule 8 paragraph
16(3)
|
(No modification)
|
|
Schedule 1, paragraph 3: heading
|
(No modification)
|
|
Schedule 1, paragraph 3
|
For “Secretary of State” substitute “Minister”.
|
|
Schedule 1, paragraph 4: heading
|
(No modification)
|
|
Schedule 1, paragraph 4
|
For “Secretary of State” substitute “Minister”.
|
|
Schedule 1, paragraph 5: heading
|
(No modification)
|
|
Schedule 1, paragraph 5
|
In sub-paragraph (1) omit “or 42”.
In sub-paragraph (2) –
(a) for “regulations” substitute “Order”;
(b) in sub-sub-paragraph (b) for “value added tax” substitute “goods
and services tax”;
(c) in sub-sub-paragraph (c) for “Secretary of State” substitute “Minister”;
(d) in sub-sub-paragraph (d) omit “or charge”;
(e) omit sub-sub-paragraph (e).
|
|
|
|
|
Schedule 15: heading
|
(No modification)
|
|
Schedule 15, paragraph 1: heading
|
(No modification)
|
|
Schedule 15, paragraph 1
|
For “order” in both places substitute “Order”.
After sub-paragraph (2) insert sub-paragraph (3) set out in Schedule
4A.
|
SCHEDULE
4A
Article 6
Provisions of the Immigration and Asylum
Act 1999 as extended to Jersey
|
Provision as extended to Jersey
|
PART I
IMMIGRATION: GENERAL
Leave to enter, or remain in, Jersey
Removal of persons unlawfully in Jersey
10.–(1) A
person may be removed from Jersey under the authority of the Minister or an
immigration officer if the person requires leave to enter or remain in Jersey
but does not have it.
(2) Where a person (“P”) is
liable to be or has been removed from the Jersey under subsection (1), a member
of P’s family who meets the following three conditions may also be removed from
Jersey under the authority of the Minister or an immigration officer, provided
that the Minister or immigration officer has given the family member written
notice of the intention to remove him or her.
(3) The first condition is
that the family member is –
(a) P’s partner,
(b) P’s child, or a child
living in the same household as P in circumstances where P has care of the
child,
(c) in a case where P is a
child, P’s parent, or
(d) an adult dependent
relative of P.
(4) The second condition is
that –
(a) in a case where the
family member has leave to enter or remain in Jersey, that leave was granted on
the basis of his or her family life with P;
(b) in a case where the
family member does not have leave to enter or remain in Jersey, in the opinion
of the Minister or immigration officer the family member –
(i) would not, on making
an application for such leave, be granted leave in his or her own right, but
(ii) would be granted
leave on the basis of his or her family life with P, if P had leave to enter or
remain.
(5) The third condition is
that the family member is none of the following –
(a) a British citizen,
(b) an Irish citizen,
(c) a person who has leave
to enter or remain in Jersey which was granted by virtue of residence scheme
immigration rules.
(6) A notice given to a
family member under subsection (2) invalidates any leave to enter or remain in
Jersey previously given to the family member.
(7) For the purposes of
removing a person from Jersey under subsection (1) or (2), the Minister or an
immigration officer may give any such direction for the removal of the person
as may be given under paragraphs 8 to 10 of Schedule 2 to the 1971 Act.
(8) But subsection (7) does
not apply where a deportation order is in force against a person (and any
directions for such a person’s removal must be given under Schedule 3 to the
1971 Act).
(9) The following
paragraphs of Schedule 2 to the 1971 Act apply in relation to directions under
subsection (7) (and the persons subject to those directions) as they apply in
relation to directions under paragraphs 8 to 10 of Schedule 2 (and the persons
subject to those directions) –
(a) paragraph 11 (placing
of person on board ship or aircraft);
(b) paragraph 16(2) to (4)
(detention of person where reasonable grounds for suspecting removal directions
may be given or pending removal in pursuance of directions);
(c) paragraph 17 (arrest of
person liable to be detained and search of premises for person liable to
arrest);
(d) paragraph 18
(supplementary provisions on detention);
(e) paragraph 18A (search
of detained person);
(f) paragraph 18B
(detention of unaccompanied children);
(g) paragraphs 19 and 20
(payment of expenses of custody etc);
(h) paragraph 21 (temporary
admission to Jersey of person liable to detention);
(i) paragraphs 25A to 25E
(searches etc).
(10) The Minister may by
Order make further provision about –
(a) the time period during
which a family member may be removed under subsection (2);
(b) the service of a notice
under subsection (2).
(11) In this section –
“child” means a person who is under the age of 18;
“residence scheme immigration rules” means immigration rules which
are identified as having effect in connection with the withdrawal of the United
Kingdom from the European Union.
Proof of identity of persons to be removed or deported
13.–(1) This
section applies if a person –
(a) is to be removed from
Jersey to a country of which he is a national or citizen; but
(b) does not have a valid
passport or other document establishing his identity and nationality or
citizenship and permitting him to travel.
(2) If the country to which
the person is to be removed indicates that he will not be admitted to it unless
identification data relating to him are provided by the Minister, he may
provide them with such data.
(3) In providing
identification data, the Minister must not disclose whether the person concerned
has made a claim for asylum.
(4) For the purposes of
Article 49(1)(d) of the GDPR, the provision under this section of
identification data is a transfer of personal data which is necessary for
important reasons of public interest.
(4A) “The GDPR” has the same
meaning as in the Data Protection (Jersey) Law
2018
(see Article 1(1) of that Law).
(5) “Identification data”
means –
(a) fingerprints taken
under section 141; or
(b) data collected in
accordance with Regulations made under section 144.
(6) “Removed” means removed
as a result of directions given under section 10 or under Schedule 2 or 3 to
the 1971 Act.
Escorts for persons removed from Jersey under directions.
14.–(1) Directions
for, or requiring arrangements to be made for, the removal of a person from
Jersey may include or be amended to include provision for the person who is to
be removed to be accompanied by an escort consisting of one or more persons
specified in the directions.
(2) The Minister may by
Order make further provision supplementing subsection (1).
(3) Such Order may, in
particular, include provision –
(a) requiring the person to
whom the directions are given to provide for the return of the escort to Jersey;
(b) requiring him to bear
such costs in connection with the escort (including, in particular,
remuneration) as may be prescribed;
(c) as to the cases in
which the Minister is to bear those costs;
(d) prescribing the kinds
of expenditure which are to count in calculating the costs incurred in
connection with escorts.
Reporting suspicious marriages
Duty to report suspicious marriages.
24.–(1) Subsection
(3) applies if –
(a) the Superintendent
Registrar is given a notice of intended marriage under Article 8 of the Marriage and Civil Status
(Jersey) Law 2001, or
(b) a registrar, or deputy
registrar, within the meaning of Article 42 of the Marriage and Civil Status
(Jersey) Law 2001 receives information in advance of a person giving such a notice,
and has reasonable grounds for suspecting that the intended marriage
will be a sham marriage.
(3) The person concerned must
report his suspicion to the Minister without delay and in writing.
(5) A marriage (whether or
not it is void) is a “sham marriage” if –
(a) either, or both, of the
parties to the marriage is not a relevant national,
(b) there is no genuine
relationship between the parties to the marriage, and
(c) either, or both, of the
parties to the marriage enter into the marriage for one or more of these
purposes –
(i) avoiding the effect of
one or more provisions of immigration law or the immigration rules in Jersey or
elsewhere in the British Islands;
(ii) enabling a party to
the marriage to obtain a right conferred by that law or those rules to reside
in Jersey or elsewhere in the British Islands.
(6) In subsection (5) –
“relevant national” means –
(a) a British citizen,
(b) an Irish citizen, or
(c) a person who is not an
Irish citizen and who –
(i) has leave to enter or
remain in Jersey which was granted by virtue of residence scheme immigration
rules, or
(ii) is a person to whom
paragraph 2 of the Immigration (Leave to Enter and Remain) (Grace Period)
(Jersey) Directions 2020 applied and the grace period under those Directions or
under an Order replacing those Directions still applies in relation to that
person.
(7) In subsection (6)
“residence scheme immigration rules” means immigration rules which are
identified as having effect in connection with the withdrawal of the United
Kingdom from the European Union.
Duty to report suspicious civil partnerships.
24A.–(1) Subsection
(3) applies if –
(a) the Superintendent
Registrar is given a notice of civil partnership under Article 7 of the Civil Partnership (Jersey)
Law 2012, or
(b) a registrar, or a civil
partnership registrar, within the meaning of Article 1 of the 2012 Law receives
information in advance of a person giving such a notice,
and has reasonable grounds for suspecting that the civil partnership
will be a sham civil partnership.
(2) Subsection (3) also
applies if –
(a) two people register as
civil partners of each other under Article 3 of the 2012 Law in the presence of
a civil partnership registrar, and
(b) before, during or
immediately after they do so, the registrar has reasonable grounds for
suspecting that the civil partnership will be, or is, a sham civil partnership.
(3) The person concerned
must report his suspicion to the Minister without delay and in writing.
(4) A civil partnership
(whether or not it is void) is a “sham civil partnership” if –
(a) either, or both, of the
parties to the civil partnership is not a relevant national,
(b) there is no genuine
relationship between the parties to the civil partnership, and
(c) either, or both, of the
parties to the civil partnership enter into the civil partnership for one or
more of these purposes –
(i) avoiding the effect of
one or more provisions of immigration law or the immigration rules in Jersey or
elsewhere in the British Islands;
(ii) enabling a party to
the marriage to obtain a right conferred by that law or those rules to reside
in Jersey or elsewhere in the British Islands.
(5) In subsection (4) –
“relevant national” means –
(a) a British citizen,
(b) an Irish citizen, or
(c) a person who is not an
Irish citizen and who –
(i) has leave to enter or
remain in Jersey which was granted by virtue of residence scheme immigration
rules, or
(ii) is a person to whom
paragraph 2 of the Immigration (Leave to Enter and Remain) (Grace Period)
(Jersey) Directions 2020 applied and the grace period under those Directions or
under an Order replacing those Directions still applies in relation to that
person.
(6) In subsection (5)
“residence scheme immigration rules” means immigration rules which are
identified as having effect in connection with the withdrawal of the United Kingdom
from the European Union.
Immigration control: facilities and
charges
Provision of facilities for immigration control at ports.
25.–(1) The person
responsible for the management of a control port (“the manager”) must provide
the Minister free of charge with such facilities at the port as the Minister
may direct as being reasonably necessary for, or in connection with, the
operation of immigration control there.
(2) Before giving such a
direction, the Minister must consult such persons likely to be affected by it
as he considers appropriate.
(5) A direction under this
section is enforceable, on the application of the Minister by injunction
granted by the Royal Court.
(6) “Control port” means a
port in which a control area is designated under paragraph 26(3) of Schedule 2
to the 1971 Act.
(7) “Facilities” means
accommodation, facilities, equipment and services of a class or description
specified in an Order made by the Minister.
Charges: immigration control.
26.–(1) The
Minister may, at the request of any person and in consideration of such charges
as he may determine, make arrangements –
(a) for the provision at
any control port of immigration officers or facilities in addition to those (if
any) needed to provide a basic service at the port;
(b) for the provision of
immigration officers or facilities for dealing with passengers of a particular
description or in particular circumstances.
(2) “Control port” has the
same meaning as in section 25.
(3) “Facilities” includes
equipment.
(4) “Basic service” has such
meaning as may be prescribed.
Defences based on Article 31(1) of the Refugee Convention.
31.–(1) It
is a defence for a refugee charged with an offence to which this section
applies to show that, having come to Jersey directly from a country where his life
or freedom was threatened (within the meaning of the Refugee Convention), he –
(a) presented himself to
the authorities in Jersey without delay;
(b) showed good cause for
his illegal entry or presence; and
(c) made a claim for asylum
as soon as was reasonably practicable after his arrival in Jersey.
(2) If, in coming from the
country where his life or freedom was threatened, the refugee stopped in
another country outside Jersey, subsection (1) applies only if he shows that he
could not reasonably have expected to be given protection under the Refugee
Convention in that other country.
(3) The offences to which
this section applies are those –
(a) of fraud,
(b) of uttering a forged
document,
(c) under section 24A of
the 1971 Act (deception), or
(d) under section 26(1)(d)
of the 1971 Act (falsification of documents),
and any attempt to commit any of those offences.
(5) A refugee who has made
a claim for asylum is not entitled to the defence provided by subsection (1) in
relation to any offence committed by him after making that claim.
(6) “Refugee” has the same
meaning as it has for the purposes of the Refugee Convention.
(7) If the Minister has
refused to grant a claim for asylum made by a person who claims that he has a
defence under subsection (1), that person is to be taken not to be a refugee
unless he shows that he is.
(10) The States may by
Regulations amend subsection (3) by adding offences to those for the time being
listed there.
PART II
CARRIERS’ LIABILITY
Clandestine entrants
Penalty for carrying clandestine entrants.
32.–(1) A
person is a clandestine entrant if –
(a) he arrives in Jersey
concealed in a vehicle, ship or aircraft,
(b) he passes, or attempts
to pass, through immigration control concealed in a vehicle, or
(c) he arrives in Jersey on
a ship or aircraft, having embarked –
(i) concealed in a
vehicle; and
(ii) at a time when the
ship or aircraft was outside Jersey,
and claims, or indicates that he intends to seek, asylum in Jersey
or evades, or attempts to evade, immigration control.
(2) The Minister may
require a person who is responsible for a clandestine entrant to pay –
(a) a penalty in respect of
the clandestine entrant;
(b) a penalty in respect of
any person who was concealed with the clandestine entrant in the same
transporter.
(2A) In imposing a penalty
under subsection (2) the Minister –
(a) must specify an amount
which does not exceed the maximum prescribed for the purpose of this paragraph,
(b) may, in respect of a
clandestine entrant or a concealed person, impose separate penalties on more
than one of the persons responsible for the clandestine entrant, and
(c) may not impose
penalties in respect of a clandestine entrant or a concealed person which
amount in aggregate to more than the maximum prescribed for the purpose of this
paragraph.
(3) A penalty imposed under
this section must be paid to the Minister before the end of the prescribed
period.
(4) Where a penalty is
imposed under subsection (2) on the driver of a vehicle who is an employee of
the vehicle’s owner or hirer –
(a) the employee and the
employer shall be jointly and severally liable for the penalty imposed on the
driver (irrespective of whether a penalty is also imposed on the employer), and
(b) a provision of this
Part about notification, objection or appeal shall have effect as if the
penalty imposed on the driver were also imposed on the employer (irrespective
of whether a penalty is also imposed on the employer in his capacity as the
owner or hirer of the vehicle).
(4A) In the case of a
detached trailer, subsection (4) shall have effect as if a reference to the
driver were a reference to the operator.
(5) In the case of a
clandestine entrant to whom subsection (1)(a) applies, each of the following is
a responsible person –
(a) if the transporter is a
ship or aircraft, the owner and captain;
(b) if it is a vehicle (but
not a detached trailer), the owner, hirer and driver of the vehicle;
(c) if it is a detached
trailer, the owner, hirer and operator of the trailer.
(6) In the case of a
clandestine entrant to whom subsection (1)(b) or (c) applies, each of the
following is a responsible person –
(a) if the transporter is a
detached trailer, the owner, hirer and operator of the trailer;
(b) if it is not, the
owner, hirer and driver of the vehicle.
(6A) Where a person falls
within the definition of responsible person in more than one capacity, a
separate penalty may be imposed on him under subsection (2) in respect of each
capacity.
(7) Subject to any defence
provided by section 34, it is immaterial whether a responsible person knew or
suspected –
(a) that the clandestine
entrant was concealed in the transporter; or
(b) that there were one or
more other persons concealed with the clandestine entrant in the same
transporter.
(8) Subsection (9) applies
if a transporter (“the carried transporter”) is itself being carried in or on
another transporter.
(9) If a person is
concealed in the carried transporter, the question whether any other person is
concealed with that person in the same transporter is to be determined by
reference to the carried transporter and not by reference to the transporter in
or on which it is carried.
(10) “Immigration control”
means Jersey immigration control and includes any Jersey immigration control
operated in a prescribed control zone outside Jersey.
Level of penalty: code of practice.
32A.–(1) The
Minister shall issue a code of practice specifying matters to be considered in
determining the amount of a penalty under section 32.
(2) The Minister shall have
regard to the code (in addition to any other matters he thinks relevant) –
(a) when imposing a penalty
under section 32, and
(b) when considering a
notice of objection under section 35(4).
(5) The Minister may from
time to time revise the whole or any part of the code and issue the code as
revised.
Prevention of clandestine entrants: code of practice.
33.–(1) The
Minister must issue a code of practice to be followed by any person operating a
system for preventing the carriage of clandestine entrants.
(2) Before issuing the
code, the Minister must consult such persons as he considers appropriate.
(5) The Minister may from
time to time revise the whole or any part of the code and issue the code as
revised.
(6) Subsection (2) also
applies to any revision, or proposed revision, of the code.
Defences to claim that penalty is due under section 32.
34.–(1) A
person (“the carrier”) shall not be liable to the imposition of a penalty under
section 32(2) if he has a defence under this section.
(2) It is a defence for the
carrier to show that he, or an employee of his who was directly responsible for
allowing the clandestine entrant to be concealed, was acting under duress.
(3) It is also a defence
for the carrier to show that –
(a) he did not know, and
had no reasonable grounds for suspecting, that a clandestine entrant was, or
might be, concealed in the transporter;
(b) an effective system for
preventing the carriage of clandestine entrants was in operation in relation to
the transporter; and
(c) on the occasion in
question the person or persons responsible for operating that system did so
properly.
(4) In determining, for the
purposes of this section, whether a particular system is effective, regard is
to be had to the code of practice issued by the Minister under section 33.
(6) Where a person has a
defence under subsection (2) in respect of a clandestine entrant, every other
responsible person in respect of the clandestine entrant is also entitled to
the benefit of the defence.
Procedure.
35.–(1) If
the Minister decides that a person (“P”) is liable to one or more penalties
under section 32, he must notify P of his decision.
(2) A notice under
subsection (1) (a “penalty notice”) must –
(a) state the Minister’s
reasons for deciding that P is liable to the penalty (or penalties);
(b) state the amount of the
penalty (or penalties) to which P is liable;
(c) specify the date before
which, and the manner in which, the penalty (or penalties) must be paid; and
(d) include an explanation
of the steps –
(i) that P may take if he
objects to the penalty;
(ii) that the Minister may
take under this Part to recover any unpaid penalty.
(3) Subsection (4) applies
where a person to whom a penalty notice is issued objects on the ground that –
(a) he is not liable to the
imposition of a penalty, or
(b) the amount of the
penalty is too high.
(4) The person may give a
notice of objection to the Minister.
(5) A notice of objection
must –
(a) be in writing,
(b) give the objector’s
reasons, and
(c) be given before the end
of such period as may be prescribed.
(6) Where the Minister receives
a notice of objection to a penalty in accordance with this section he shall
consider it and –
(a) cancel the penalty,
(b) reduce the penalty,
(c) increase the penalty,
or
(d) determine to take no
action under paragraphs (a) to (c).
(7) Where the Minister
considers a notice of objection under subsection (6) he shall –
(a) inform the objector of
his decision before the end of such period as may be prescribed or such longer
period as he may agree with the objector,
(b) if he increases the
penalty, issue a new penalty notice under subsection (1), and
(c) if he reduces the
penalty, notify the objector of the reduced amount.
(9) The Minister may by
Order provide, in relation to detached trailers, for a penalty notice which is
issued in such manner as may be prescribed to have effect as a penalty notice
properly issued to the responsible person or persons concerned under this
section.
(10) Any sum payable to the
Minister as a penalty under section 32 may be recovered by the Minister as a
debt due to him.
(11) In proceedings for
enforcement of a penalty under subsection (10) no question may be raised as to –
(a) liability to the
imposition of the penalty, or
(b) its amount.
(12) A document which is to
be issued to or served on a person outside Jersey for the purpose of subsection
(1) or (7) or in the course of proceedings under subsection (10) may be issued
or served –
(a) in person,
(b) by post,
(c) by facsimile
transmission, or
(d) in another prescribed
manner.
(13) The Minister may by
Order provide that a document issued or served in a manner listed in subsection
(12) in accordance with the Order is to be taken to have been received at a
time specified by or determined in accordance with the Order.
Appeal.
35A.–(1) A
person may appeal to the court against a penalty imposed on him under section
32 on the ground that –
(a) he is not liable to the
imposition of a penalty, or
(b) the amount of the
penalty is too high.
(2) On an appeal under this
section the court may –
(a) allow the appeal and
cancel the penalty,
(b) allow the appeal and
reduce the penalty, or
(c) dismiss the appeal.
(3) An appeal under this
section shall be a re-hearing of the Minister’s decision to impose a penalty
and shall be determined having regard to –
(a) any code of practice
under section 32A which has effect at the time of the appeal,
(b) the code of practice
under section 33 which had effect at the time of the events to which the
penalty relates, and
(c) any other matters which
the court thinks relevant (which may include matters of which the Minister was
unaware).
(4) Subsection (3) has
effect despite any provision of Rules of Court.
(5) An appeal may be
brought by a person under this section against a penalty whether or not –
(a) he has given notice of
objection under section 35(4);
(b) the penalty has been
increased or reduced under section 35(6).
Power to detain vehicles etc. in connection with penalties under
section 32.
36.–(1) If a
penalty notice has been issued under section 35, a senior officer may detain
any relevant –
(a) vehicle,
(b) small ship, or
(c) small aircraft,
until all penalties to which the notice relates, and any expenses
reasonably incurred by the Minister in connection with the detention, have been
paid.
(2) That power –
(a) may be exercised only
if, in the opinion of the senior officer concerned, there is a significant risk
that the penalty (or one or more of the penalties) will not be paid before the
end of the prescribed period if the transporter is not detained; and
(b) may not be exercised if
alternative security which the Minister considers is satisfactory, has been
given.
(2A) A vehicle may be
detained under subsection (1) only if –
(a) the driver of the
vehicle is an employee of its owner or hirer,
(b) the driver of the
vehicle is its owner or hirer, or
(c) a penalty notice is
issued to the owner or hirer of the vehicle.
(2B) A senior officer may
detain a relevant vehicle, small ship or small aircraft pending –
(a) a decision whether to
issue a penalty notice,
(b) the issue of a penalty
notice, or
(c) a decision whether to
detain under subsection (1).
(2C) That power may not be
exercised in any case –
(a) for longer than is
necessary in the circumstances of the case, or
(b) after the expiry of the
period of 24 hours beginning with the conclusion of the first search of the
vehicle, ship or aircraft by an immigration officer after it arrived in Jersey.
(3) If a transporter is
detained under this section, the owner, consignor or any other person who has
an interest in any freight or other thing carried in or on the transporter may
remove it, or arrange for it to be removed, at such time and in such way as is
reasonable.
(4) The detention of a
transporter under this section is lawful even though it is subsequently
established that the penalty notice on which the detention was based was
ill-founded in respect of all or any of the penalties to which it related.
(5) But subsection (4) does
not apply if the Minister was acting unreasonably in issuing the penalty
notice.
Detention in default of
payment.
36A.–(1) This section applies where a person to whom a penalty notice
has been issued under section 35 fails to pay the penalty before the date
specified in accordance with section 35(2)(c).
(2) The Minister may make
arrangements for the detention of any vehicle, small ship or small aircraft
which the person to whom the penalty notice was issued uses in the course of a
business.
(3) A vehicle, ship or
aircraft may be detained under subsection (2) whether or not the person to whom
the penalty notice was issued owns it.
(4) But a vehicle may be
detained under subsection (2) only if the person to whom the penalty notice was
issued –
(a) is the owner or hirer
of the vehicle, or
(b) was an employee of the
owner or hirer of the vehicle when the penalty notice was issued.
(5) The power under
subsection (2) may not be exercised while an appeal against the penalty under
section 35A is pending or could be brought (ignoring the possibility of an
appeal out of time with permission).
(6) The Minister shall
arrange for the release of a vehicle, ship or aircraft detained under this
section if the person to whom the penalty notice was issued pays –
(a) the penalty, and
(b) expenses reasonably
incurred in connection with the detention.
Effect of detention.
37.–(1) This
section applies if a transporter is detained under section 36.
(2) The person to whom the
penalty notice was addressed, or the owner or any other person claiming an
interest in the transporter, may apply to the court for the transporter to be
released.
(3) The court may release
the transporter if it considers that –
(a) satisfactory security
has been tendered in place of the transporter for the payment of the penalty
alleged to be due and connected expenses;
(b) there is no significant
risk that the penalty (or one or more of the penalties) and any connected
expenses will not be paid; or
(c) there is a significant
doubt as to whether the penalty is payable and the applicant has a compelling
need to have the transporter released.
(3A) The court may also
release the transporter on the application of the owner of the transporter
under subsection (2) if –
(a) a penalty notice was
not issued to the owner or an employee of his, and
(b) the court considers it
right to release the transporter.
(3B) In determining whether
to release a transporter under subsection (3A) the court shall consider –
(a) the extent of any
hardship caused by detention,
(b) the extent (if any) to
which the owner is responsible for the matters in respect of which the penalty
notice was issued, and
(c) any other matter which
appears to the court to be relevant (whether specific to the circumstances of
the case or of a general nature).
(4) If the court has not
ordered the release of the transporter, the Minister may sell it if the penalty
in question and connected expenses are not paid before the end of the period of
84 days beginning with the date on which the detention began.
(5) “Connected expenses”
means expenses reasonably incurred by the Minister in connection with the
detention.
(5A) The power of sale under
subsection (4) may be exercised only when no appeal against the imposition of
the penalty is pending or can be brought (ignoring the possibility of an appeal
out of time with permission).
(5B) The power of sale under
subsection (4) shall lapse if not exercised within a prescribed period.
(6) Schedule 1 applies to
the sale of transporters under this section.
(7) This section applies to
a transporter detained under section 36A as it applies to a transporter
detained under section 36(1); but for that purpose –
(a) the court may release
the transporter only if the court considers that the detention was unlawful or
under subsection (3A) (and subsection (3) shall not apply), and
(b) the reference in
subsection (4) to the period of 84 days shall be taken as a reference to a
period prescribed for the purpose of this paragraph.
Passengers without proper documents
Charge in respect of passenger without proper documents.
40.–(1) This
section applies if an individual requiring leave to enter Jersey arrives in
Jersey by ship or aircraft and, on being required to do so by an immigration
officer, fails to produce –
(a) an immigration document
which is in force and which satisfactorily establishes his identity and his
nationality or citizenship, and
(b) if the individual
requires a visa, a visa of the required kind.
(2) The Minister may charge
the owner of the ship or aircraft, in respect of the individual, the sum of
£2,000.
(3) The charge shall be
payable to the Minister on demand.
(4) No charge shall be
payable in respect of any individual who is shown by the owner to have produced
the required document or documents to the owner or his employee or agent when
embarking on the ship or aircraft for the voyage or flight to Jersey.
(5) For the purpose of
subsection (4) an owner shall be entitled to regard a document as –
(a) being what it purports
to be unless its falsity is reasonably apparent, and
(b) relating to the
individual producing it unless it is reasonably apparent that it does not
relate to him.
(6) For the purposes of this
section an individual requires a visa if –
(a) under the immigration
rules he requires a visa for entry into Jersey, or
(b) as a result of section
41 he requires a visa for passing through Jersey.
(9) In this section
“immigration document” means –
(a) a passport, and
(b) a document which
relates to a national of a country other than the United Kingdom and Islands
and which is designed to serve the same purpose as a passport.
(10) The Minister may by
Order substitute a sum for the sum in subsection (2).
Notification and objection.
40A.–(1) If
the Minister decides to charge a person under section 40, the Minister must
notify the person of his decision.
(2) A notice under
subsection (1) (a “charge notice”) must –
(a) state the Minister’s
reasons for deciding to charge the person,
(b) state the amount of the
charge,
(c) specify the date before
which, and the manner in which, the charge must be paid,
(d) include an explanation
of the steps that the person may take if he objects to the charge, and
(e) include an explanation
of the steps that the Minister may take under this Part to recover any unpaid
charge.
(3) Where a person on whom
a charge notice is served objects to the imposition of the charge on him, he
may give a notice of objection to the Minister.
(4) A notice of objection
must –
(a) be in writing,
(b) give the objector’s
reasons, and
(c) be given before the end
of such period as may be prescribed.
(5) Where the Minister
receives a notice of objection to a charge in accordance with this section, he shall –
(a) consider it, and
(b) determine whether or
not to cancel the charge.
(6) Where the Minister
considers a notice of objection, he shall inform the objector of his decision
before the end of –
(a) such period as may be
prescribed, or
(b) such longer period as
he may agree with the objector.
(7) Any sum payable to the
Minister as a charge under section 40 may be recovered by the Minister as a
debt due to him.
(8) In proceedings for
enforcement of a charge under subsection (7) no question may be raised as to
the validity of the charge.
(9) Subsections (12) and
(13) of section 35 shall have effect for the purpose of this section as they
have effect for the purpose of section 35(1), (7) and (10).
Appeal.
40B.–(1) A person may appeal to the court against a decision to charge
him under section 40.
(2) On an appeal under this
section the court may –
(a) allow the appeal and
cancel the charge, or
(b) dismiss the appeal.
(3) An appeal under this
section –
(a) shall be a re-hearing
of the Minister’s decision to impose a charge, and
(b) may be determined
having regard to matters of which the Minister was unaware.
(4) Subsection (3)(a) has
effect despite any provision of Rules of Court.
(5) An appeal may be
brought by a person under this section against a decision to charge him whether
or not he has given notice of objection under section 40A(3).
Visas for transit passengers.
41.–(1) The
Minister may by Order require transit passengers to hold a transit visa.
(2) “Transit passengers”
means persons of any description specified in the Order who on arrival in
Jersey from a country outside the British Islands pass through to another
country outside the British Islands without entering Jersey; and
“transit visa” means a visa for that purpose.
(3) The Order –
(a) may specify a
description of persons by reference to nationality, citizenship, origin or
other connection with any particular country but not by reference to race,
colour or religion;
(b) may not provide for the
requirement imposed by the Order to apply to any person who under the 1971 Act
has the right of abode in Jersey;
(c) may provide for any
category of persons of a description specified in the Order to be exempt from
the requirement imposed by the Order;
(d) may make provision
about the method of application for visas required by the Order.
Interpretation
Interpretation of Part II.
43.–(1) In
this Part –
“aircraft” includes hovercraft;
“captain” means the master of a ship or commander of an aircraft;
“concealed” includes being concealed in any freight, stores or other
thing carried in or on the vehicle, ship or aircraft concerned;
“detached trailer” means a trailer, semi-trailer, caravan or any
other thing which is designed or adapted for towing by a vehicle but which has
been detached for transport –
(a) in or on the vehicle
concerned; or
(b) in the ship or aircraft
concerned (whether separately or in or on a vehicle);
“equipment”, in relation to an aircraft, includes –
(a) any certificate of
registration, maintenance or airworthiness of the aircraft;
(b) any log book relating
to the use of the aircraft; and
(c) any similar document;
“hirer”, in relation to a vehicle, means any person who has hired
the vehicle from another person;
“operating weight”, in relation to an aircraft, means the maximum
total weight of the aircraft and its contents at which the aircraft may take
off anywhere in the world, in the most favourable circumstances, in accordance
with the certificate of airworthiness in force in respect of the aircraft;
“owner” includes –
(a) in relation to a ship
or aircraft, the agent or operator of the ship or aircraft;
(b) in relation to a
transporter which is the subject of a hire-purchase agreement, the person in
possession of it under that agreement;
“penalty notice” has the meaning given in section 35(2);
“senior officer” means an immigration officer not below the rank of
chief immigration officer;
“ship” includes every description of vessel used in navigation;
“small aircraft” means an aircraft which has an operating weight of
less than 5,700 kilogrammes;
“small ship” means a ship which has a gross tonnage of less than 500
tonnes;
“transporter” means a vehicle, ship or aircraft together with –
(a) its equipment; and
(b) any stores for use in
connection with its operation;
“vehicle” includes a trailer, semi-trailer, caravan or other thing
which is designed or adapted to be towed by another vehicle.
(2) A reference in this
Part to “the court” is a reference to the Petty Debts Court.
(3) But the Petty Debts
Court may transfer proceedings under this Part to the Royal Court.
PART VII
POWER TO ARREST, SEARCH AND
FINGERPRINT
Fingerprinting
Fingerprinting.
141.–(1) Fingerprints may be taken by an authorised person from a person
to whom this section applies.
(2) Fingerprints may be
taken under this section only during the relevant period.
(3) Fingerprints may not be
taken under this section from a person under the age of sixteen (“the child”)
except in the presence of a person of full age who is –
(a) the child’s parent or
guardian; or
(b) a person who for the
time being takes responsibility for the child.
(4) The person mentioned in
subsection (3)(b) may not be –
(a) an officer of the
Minister who is not an authorised person;
(b) an authorised person.
(5) “Authorised person”
means –
(a) a police officer;
(b) an immigration officer;
(c) a prison officer; or
(d) an officer of the
Minister authorised for the purpose.
(7) This section applies to –
(a) any person (“A”) who,
on being required to do so by an immigration officer on his arrival in Jersey,
fails to produce a valid passport with photograph or some other document
satisfactorily establishing his identity and nationality or citizenship;
(b) any person (“B”) who
has been refused leave to enter Jersey but has been temporarily admitted under
paragraph 21 of Schedule 2 to the 1971 Act if an immigration officer reasonably
suspects that B might break any condition imposed on him relating to residence
or as to reporting to the police or an immigration officer;
(c) any person (“C”) in
respect of whom the Minister has decided to make a deportation order;
(ca) any person (“CA”) who
requires leave to enter or remain in Jersey but does not have it;
(d) any person (“D”) who
has been detained under paragraph 16 of Schedule 2 to the 1971 Act or arrested
under paragraph 17 of that Schedule;
(e) any person (“E”) who
has made a claim for asylum;
(f) any person (“F”) who
is –
(i) a member of the family
of a person within any of paragraphs (a), (b) or (ca) to (e), or
(ii) a dependant of a
person within paragraph (c).
(8) “The relevant period”
begins –
(a) for A, on his failure
to produce the passport or other document;
(b) for B, on the decision
to admit him temporarily;
(c) for C, when he is
notified of the decision mentioned in subsection (7)(c);
(ca) for CA, when he becomes
a person to whom this section applies;
(d) for D, on his detention
or arrest;
(e) for E, on the making of
his claim for asylum; and
(f) for F, at the same
time as for the person of whose family he is a member or whose dependant he is.
(9) “The relevant period”
ends on the earliest of the following –
(a) the grant of leave to
enter or remain in Jersey;
(b) for A, B, C, CA or D,
his removal or deportation from Jersey;
(c) for C the revocation of
the deportation order made against him, or its otherwise ceasing to have
effect;
(ca) for CA, when he no
longer requires leave to enter or remain in Jersey;
(d) for D, his release if
he is no longer liable to the detained under paragraph 16 of Schedule 2 to the
1971 Act;
(e) for E, the final
determination or abandonment of his claim for asylum; and
(f) for F, at the same
time as for the person of whose family he is a member or whose dependant he is.
(10) No fingerprints may be
taken from A if the immigration officer considers that A has a reasonable
excuse for the failure concerned.
(11) No fingerprints may be
taken from B unless the decision to take them has been confirmed by a chief
immigration officer.
(12) An authorised person
may not take fingerprints from a person under the age of sixteen unless his
decision to take them has been confirmed –
(a) if he is a police
officer, by a person designated for the purpose by the Chief Officer of the
States of Jersey Police Force;
(b) if he is a person
mentioned in subsection (5)(b) or (e), by the Chief Immigration Officer;
(c) if he is a prison
officer, by a person designated for the purpose by the governor of the prison;
(d) if he is an officer of
the Minister, by a person designated for the purpose by the Minister.
(13) Neither subsection (3)
nor subsection (12) prevents an authorised person from taking fingerprints if
he reasonably believes that the person from whom they are to be taken is aged
sixteen or over.
(13A) For the purposes of
subsection (7)(f)(i), a person is a member of the family of another person (“P”)
if –
(a) the person is –
(i) P’s partner,
(ii) P’s child, or a child
living in the same household as P in circumstances where P has care of the
child,
(iii) in a case where P is
a child, P’s parent, or
(iv) an adult dependant
relative of P, and
(b) the person does not
have a right of abode in Jersey or indefinite leave to enter or remain in
Jersey.
(13B) In subsection (13A)
“child” means a person who is under the age of 18.
(14) For the purposes of
subsection (7)(f)(ii), a person is a dependant of another person if –
(a) he is that person’s
spouse or child under the age of eighteen; and
(b) he does not have a
right of abode in Jersey or indefinite leave to enter or remain in Jersey.
(15) “Claim for asylum”
means a claim that it would be contrary to the United Kingdom’s obligations in
respect of Jersey under the Refugee Convention or under Article 3 of the Human
Rights Convention for the claimant to be removed from, or required to leave,
Jersey.
Attendance for fingerprinting.
142.–(1) The
Minister may, by notice in writing, require a person to whom section 141
applies to attend at a specified place for fingerprinting.
(2) In the case of a notice
given to a person of a kind specified in section 141(7)(a) to (d) or (f) (in so
far as it applies to a member of the family of, or a dependant of, a person of
a kind specified in section 141(7)(a) to (d)), the notice –
(a) must require him to
attend during a specified period of at least seven days beginning with a day
not less than seven days after the date given in the notice as its date of
issue, and
(b) may require him to
attend at a specified time of day or during specified hours.
(2A) In the case of a notice
given to a person of a kind specified in section 141(7)(e) or (f) (in so far as
it applies to a member of the family of a person of a kind specified in section
141(7)(e)), the notice –
(a) may require him to
attend during a specified period beginning with a day not less than three days
after the date given in the notice as its date of issue,
(b) may require him to
attend on a specified day not less than three days after the date given in the
notice as its date of issue, and
(c) may require him to
attend at a specified time of day or during specified hours.
(3) A police officer or
immigration officer may arrest without warrant a person who has failed to
comply with a requirement imposed on him under this section (unless the
requirement has ceased to have effect).
(4) Before a person
arrested under subsection (3) is released –
(a) he may be removed to a
place where his fingerprints may conveniently be taken; and
(b) his fingerprints may be
taken (whether or not he is so removed).
(5) A requirement imposed
under subsection (1) ceases to have effect at the end of the relevant period
(as defined by section 141).
Destruction of fingerprints.
143.–(1) If
they have not already been destroyed, fingerprints must be destroyed before the
end of the specified period beginning with the day on which they were taken.
(2) If a person from whom
fingerprints were taken proves that he is –
(a) a British citizen, or
(b) a Commonwealth citizen
who has a right of abode in Jersey as a result of section 2(1)(b) of the 1971
Act,
the fingerprints must be destroyed as soon as reasonably
practicable.
(9) Fingerprints taken from
F (within the meaning of section 141(7)) must be destroyed when fingerprints
taken from the person of whose family he is a member or whose dependant he is
have to be destroyed.
(10) The obligation to
destroy fingerprints under this section applies also to copies of fingerprints.
(11) The Minister must take
all reasonably practicable steps to secure –
(a) that data which are
held in electronic form and which relate to fingerprints which have to be
destroyed as a result of this section are destroyed or erased; or
(b) that access to such
data is blocked.
(12) The person to whom the
data relate is entitled, on request, to a certificate issued by the Minister to
the effect that he has taken the steps required by subsection (11).
(13) A certificate under
subsection (12) must be issued within three months of the date of the request
for it.
(15) “Specified period”
means –
(a) such period as the
Minister may specify by Order;
(b) if no period is so
specified, ten years.
Other methods of collecting data about physical characteristics.
144.–(1) The
States may make Regulations containing provisions equivalent to sections 141,
142 and 143 in relation to such other methods of collecting biometric
information as may be specified in the Regulations.
(2) “Biometric information”
has the meaning given by section 15 of the UK Borders Act 2007.
Use and retention of fingerprints etc.
144A.–(1) Section
8 of the UK Borders Act 2007 (power to make Regulations about use and retention
of biometric information) applies to –
(a) fingerprints taken by
virtue of section 141, and
(b) biometric information
taken by virtue of Regulations under section 144,
as it applies to biometric information provided in accordance with
Regulations under section 5(1) of that Act.
(2) Regulations made by
virtue of subsection (1)(a) must require fingerprints taken from a person (“F”)
by virtue of section 141(7)(f) to be destroyed when fingerprints taken from the
person of whose family F is a member or whose dependant F is are destroyed.
(3) Regulations made by
virtue of subsection (1)(b) must make equivalent provision in relation to
biometric information taken by virtue of any provision of Regulations under
section 144 which is equivalent to section 141(7)(f).
Codes of practice
Codes of practice.
145.–(1) An
immigration officer exercising any specified power to –
(a) arrest, question,
search or take fingerprints from a person,
(b) enter and search
premises, or
(c) seize property found on
persons or premises,
must have regard to such provisions of a code as may be specified.
(2) Subsection (1) also
applies to an authorised person exercising the power to take fingerprints
conferred by section 141.
(2A) A person exercising a
power under Regulations made by virtue of section 144 must have regard to such
provisions of a code as may be specified.
(3) Any specified provision
of a code may have effect for the purposes of this section subject to such
modifications as may be specified.
(4) “Specified” means
specified in a direction given by the Minister.
(5) “Authorised person” has
the same meaning as in section 141.
(6) “Code” means any code
of practice for the time being in force under the Police Procedures and
Criminal Evidence (Jersey) Law 2003.
Use of force.
146.–(1) An
immigration officer exercising any power conferred on him by the Immigration
Acts may, if necessary, use reasonable force.
(2) A person exercising a
power under any of the following may if necessary use reasonable force –
(a) section 28FB of the
1971 Act (search for personnel records: with warrant),
(b) section 141 or 142 of
this Act, and
(c) Regulations under
section 144 of this Act.
PART X
MISCELLANEOUS AND SUPPLEMENTAL
Regulations and Orders.
166. Any Regulations or Order made under this Act
may –
(a) contain such
incidental, supplemental, consequential and transitional provision as the
States or, as the case may be, the Minister considers appropriate;
(b) make different
provision for different cases or descriptions of case; and
(c) make different
provision for different areas.
Interpretation.
167.–(1) In
this Act –
“the 1971 Act” means the Immigration Act 1971;
“claim for asylum” (except in section 141) means a claim that it
would be contrary to the United Kingdom’s obligations in respect of Jersey
under the Refugee Convention for the claimant to be removed from, or required
to leave, Jersey;
“country” includes any territory;
“the Human Rights Convention” means the Convention for the
Protection of Human Rights and Fundamental Freedoms, agreed by the Council of
Europe at Rome on 4th November 1950 as it has effect for the time being in
relation to Jersey;
“the Minister” means the Minister for Home Affairs;
“prescribed” means prescribed by Order made by the Minister;
“the Refugee Convention” means the Convention relating to the Status
of Refugees done at Geneva on 28 July 1951 and the Protocol to the Convention.
(2) The following
expressions have the same meaning as in the 1971 Act –
“certificate of entitlement”; “entry clearance”; “illegal entrant”;
“immigration officer”; “immigration rules” “port”; “United Kingdom passport”;
“work permit”.
Transitional provisions.
169. Schedule 15 contains transitional provisions.
Short title.
170. This Act may be cited as the Immigration and
Asylum Act 1999.
SCHEDULE 1
SALE OF TRANSPORTERS
Section 37(6)
Leave of court required
1.–(1) The
sale of a transporter requires the leave of the court.
(2) The court is not to
give its leave except on proof –
(a) that the penalty or
charge is or was due;
(b) that the person liable
to pay it or any connected expenses has failed to do so; and
(c) that the transporter
which the Minister seeks leave to sell is liable to sale.
Notice of proposed sale
2. Before applying for leave to sell a
transporter, the Minister must take such steps as may be prescribed –
(a) for bringing the
proposed sale to the notice of persons whose interests may be affected by a
decision of the court to grant leave; and
(b) for affording to any
such person an opportunity of becoming a party to the proceedings if the
Minister applies for leave.
2A. Where the owner of a transporter is a party
to an application for leave to sell it, in determining whether to give leave
the court shall consider –
(a) the extent of any
hardship likely to be caused by sale,
(b) the extent (if any) to
which the owner is responsible for the matters in respect of which the penalty
notice was issued, and
(c) any other matter which
appears to the court to be relevant (whether specific to the circumstances of
the case or of a general nature).
Duty to obtain best price
3. If leave for sale is given, the Minister
must secure that the transporter is sold for the best price that can reasonably
be obtained.
Effect of failure to comply with
paragraph 2 or 3
4. Failure to comply with any requirement of
paragraph 2 or 3 in respect of any sale –
(a) is actionable against
the Minister at the suit of any person suffering loss in consequence of the
sale; but
(b) after the sale has
taken place, does not affect its validity.
Application of proceeds of sale
5.–(1) Any
proceeds of sale arising from a sale under section 37 must be applied –
(a) in making prescribed
payments; and
(b) in accordance with such
provision as to priority of payments as may be prescribed.
(2) The Order may, in
particular, provide for proceeds of sale to be applied in payment –
(a) of customs or excise
duty,
(b) of goods and services
tax,
(c) of expenses incurred by
the Minister,
(d) of any penalty which
the court has found to be due,
(f) of any surplus to or
among the person or persons whose interests in the transporter have been
divested as a result of the sale,
but not necessarily in that order of priority.
SCHEDULE 15
TRANSITIONAL PROVISIONS AND SAVINGS
Section 169(2)
Leave to enter or remain
1.–(1) An
Order made under section 3A of the 1971 Act may make provision with respect to
leave given before the commencement of section 1.
(2) An Order made under
section 3B of the 1971 Act may make provision with respect to leave given
before the commencement of section 2.
(3) In this paragraph
“commencement” means commencement in accordance with the Immigration (Jersey)
Order 2021.
SCHEDULE
5
Article 7
Extension and modification of the
Nationality, Immigration and Asylum Act 2002
|
Column 1
Provision
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Column 2
Modification
|
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Part 1: heading
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(No modification)
|
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Section 10: heading
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(No modification)
|
|
Section 10 as amended by the 2006 Act s.50(5), Schedule 2 paragraph
4(b) and Schedule 3 paragraph 1
|
In subsection (1) for “Secretary of State may by regulations” substitute
“Minister may by Order”.
For “the United Kingdom” in each place substitute “Jersey”.
In subsection (2) –
(a) for “The regulations” substitute “An Order”;
(b) in paragraph (g) for “regulations” substitute “Order”.
In subsection (3) for “The regulations” substitute “An Order”.
For subsections (4), (5) and (6) substitute subsection (4) set out
in Schedule 5A.
|
|
|
|
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Part 4: heading
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(No modification)
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Section 62: cross-heading
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(No modification)
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Section 62: heading
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For “Secretary of State” substitute “Minister”.
|
|
Section 62 as amended by the 2014 Act Schedule 9(1) paragraph 3(2)(a)(i)
and (ii), and (b) and (c) and Schedule 9(2) paragraph 13; and the 2016 Act s.60(12)
|
For “Secretary of State” in each place substitute “Minister”.
For “the United Kingdom” in each place substitute “Jersey”.
In subsection (2)(b) for “Secretary of State’s” substitute “Minister’s”.
Omit subsections (8), (9), (10), (11), (12), (13) ,(14), (15) and (16).
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|
Section 67: heading
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(No modification)
|
|
Section 67
|
In subsection (2)(a) –
(a) for “the United Kingdom” substitute “Jersey”;
(b) for “the United Kingdom’s obligations ” substitute “obligations
by which Jersey is bound”.
In subsection (2)(b) for “the United Kingdom” substitute “Jersey”.
|
|
Section 72: cross-heading
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(No modification)
|
|
Section 72: heading
|
(No modification)
|
|
Section 72 as amended by the 2007 Act section 39(2) and (3)
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For “the United Kingdom” in each place substitute “Jersey”.
In subsection (4) –
(a) in paragraph (a) for “order” substitute “Order”;
(b) for “Secretary of State” in both places substitute “Minister”.
Omit subsection (5).
Omit subsections (8), (9) and (10).
|
|
Section 76: heading
|
(No modification)
|
|
Section 76 as amended by the 2014 Act Schedule 9(1) paragraphs 3(3)(a)
and (b) and 7
|
For “Secretary of State” in each place substitute “Minister”.
In subsections (1) and (2) for “the United Kingdom” substitute “Jersey”.
In subsection (2) omit “ –(a)”.
In subsection (3) for “the United Kingdom” where it first appears substitute
“Jersey”.
|
|
Section 77: heading
|
(No modification)
|
|
Section 77
|
For “the United Kingdom” in each place substitute “Jersey”.
In subsection (2) –
(a) in paragraph (a) for “the United Kingdom’s obligations” substitute
“obligations by which Jersey is bound”;
In paragraph (b) for “Secretary of State’s” substitute “Minister’s”.
Omit subsection (5).
|
|
|
|
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Part 5: heading
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For “APPEALS” substitute “LISTED STATES”.
|
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Section 113: heading
|
For the heading substitute the heading set out in Schedule 5A.
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Section 113
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For section 113 substitute section 113 set out in Schedule 5A.
|
|
|
|
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Part 5A: heading (see the 2014 Act s.19)
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(No modification)
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Section 117A: heading (see the 2014 Act s.19)
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(No modification)
|
|
Section 117A as inserted by the 2014 Act s.19
|
In subsection (1)(b) for “section 6 of the Human Rights Act 1998” substitute
“Article 7 of the Human Rights (Jersey) Law
2000”.
|
|
Section 117B: heading (see the 2014 Act s.19)
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(No modification)
|
|
Section 117B as inserted by the 2014 Act s.19
|
For “the United Kingdom” in each place substitute “Jersey”.
In subsection (2) after “English” in both places insert “or French”.
|
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Section 117C: heading (see the 2014 Act s.19)
|
(No modification)
|
|
Section 117C as inserted by the 2014 Act s.19
|
In subsection (4) for “the United Kingdom” in both places substitute
“Jersey”.
|
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Section 117D: heading (see the 2014 Act s.19)
|
(No modification)
|
|
Section 117D as inserted by the 2014 Act s.19
|
For “the United Kingdom” in each place substitute “Jersey”.
Omit subsection (3).
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|
|
|
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Part 6: heading
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(No modification)
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|
Section 126: cross-heading
|
(No modification)
|
|
Section 126: heading
|
(No modification)
|
|
Section 126 as amended by the 2014 Act s.8(2), (3) and (4), Schedule
2 paragraph 3(2)(a) and (b), (3) and (4) and Schedule 9(3) paragraph 19(a), (b)
and (c)
|
In subsection (1) for “Secretary of State may by regulations” substitute
“States may by Regulations”.
For subsection (2) substitute subsection (2) set out in Schedule
5A.
In subsections (6), (7) and (8A) for “regulations” substitute “Regulations”.
Omit subsection (8).
In subsection (9) –
(a) for the definition of “authorised person” substitute the definition
of “authorised person” set out in Schedule 5A:
(b) at the end of the definition of “entrant” omit “and”;
(c) for the full stop at the end of the definition of “entry clearance”
substitute “, and”;
(d) after that definition insert the definition of “the Minister” set
out in Schedule 5A.
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Section 127: heading
|
(No modification)
|
|
Section 127 as amended by the 2014 Act Schedule 2 paragraph 4(2), (3)
and (4)(a), (b) and (c)
|
For “Secretary of State” in both places substitute “Minister”.
In subsection (1) for “the United Kingdom” substitute “Jersey”.
In subsection (3) –
(a) in paragraph (aa) omit “and”;
(b) for the full stop at the end of paragraph (b) substitute “, and”;
(c) after paragraph (b) insert paragraph (c) set out in Schedule
5A.
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Section 129: cross-heading
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Omit “by public authority”.
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Section 133: heading
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(No modification)
|
|
Section 133
|
In subsection (2)(b) for “the United Kingdom” substitute “Jersey”.
For subsection (4) substitute subsection (4) set out in Schedule
5A.
|
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Section 134: heading
|
(No modification)
|
|
Section 134
|
For subsection (1) substitute subsection (1) set out in Schedule
5A.
For subsection (3) substitute subsection (3) set out in Schedule
5A.
|
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Section 136: heading
|
(No modification)
|
|
Section 136
|
In subsection (1) omit “or 135”.
In subsection (3) for “Secretary of State” substitute “Minister”.
In subsection (5)(e) for “Banking and Financial Dealings Act 1971 in
any part of the United Kingdom” substitute “Public Holidays and Bank
Holidays (Jersey) Law 1951”.
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Section 137: heading
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(No modification)
|
|
Section 137
|
In subsection (2) –
(a) omit “on summary conviction”;
(b) in paragraph (b) for “level 5” substitute “level 3”.
|
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Section 138: heading
|
(No modification)
|
|
Section 138
|
(No modification)
|
|
Section 139: heading
|
(No modification)
|
|
Section 139
|
In subsection (1) omit “or 135”.
|
|
|
|
|
Part 7: heading
|
(No modification)
|
|
Section 145: heading
|
(No modification)
|
|
Section 145
|
For “the United Kingdom” in each place substitute “Jersey”.
In subsection (5) for paragraphs (a) and (b) substitute “on conviction
to imprisonment for a term not exceeding 14 years, to a fine or to both”.
|
|
|
|
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Part 8: heading
|
(No modification)
|
|
Section 157: heading
|
(No modification)
|
|
Section 157
|
In subsection (1) for “Secretary of State may by order” substitute
“States may by Regulations”.
In subsection (2) for “An order” substitute “Regulations”.
Omit subsections (3), (4) and (5).
|
|
Section 159: heading
|
(No modification)
|
|
Section 159
|
(No modification)
|
|
Section 164: heading
|
(No modification)
|
|
Section 164
|
(No modification)
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SCHEDULE
5A
Article 7
Provisions of the Nationality,
Immigration and Asylum Act 2002 as extended to Jersey
|
Provision as extended to Jersey
|
PART 1
NATIONALITY
Right of abode: certificate of entitlement.
10.–(1) The Minister
may by Order make provision for the issue to a person of a certificate that he
has the right of abode in Jersey.
(2) An Order may, in
particular –
(a) specify to whom an
application must be made;
(b) specify the place
(which may be outside Jersey) to which an application must be sent;
(c) provide that an
application must be accompanied by specified information;
(d) provide that an
application must be accompanied by specified documents;
(e) specify the
consequences of failure to comply with a requirement under any of paragraphs
(a) to (d) above;
(f) provide for a
certificate to cease to have effect after a period of time specified in or
determined in accordance with the Order;
(g) make provision about
the revocation of a certificate.
(3) An Order may –
(a) make provision which
applies generally or only in specified cases or circumstances;
(b) make different
provision for different purposes;
(c) include consequential,
incidental or transitional provision.
(4) An Order under this
section may, in particular, include provision saving, with or without
modification, the effect of a certificate which is issued before the Order come
into force.
PART 4
DETENTION AND REMOVAL
Detention
Detention by Minister.
62.–(1) A
person may be detained under the authority of the Minister pending –
(a) a decision by the
Minister whether to give directions in respect of the person under section 10
of the Immigration and Asylum Act 1999 (removal of persons unlawfully in
Jersey) or paragraph 10, 10A or 14 of Schedule 2 to the Immigration Act 1971
(control of entry: removal), or
(b) removal of the person
from Jersey in pursuance of directions given by the Minister under any of those
provisions.
(2) Where the Minister is
empowered under section 3A of the Immigration Act 1971 (powers of Minister) to
examine a person or to give or refuse a person leave to enter Jersey, the
person may be detained under the authority of the Minister pending –
(a) the person’s
examination by the Minister,
(b) the Minister’s decision
to give or refuse the person leave to enter,
(c) a decision by the
Minister whether to give directions in respect of the person under paragraph 8
or 9 of Schedule 2 to that Act (removal), or
(d) removal of the person
in pursuance of directions given by the Minister under either of those
paragraphs.
(3) A provision of Schedule
2 to that Act about a person who is detained or liable to detention under that
Schedule shall apply to a person who is detained or liable to detention under
this section: and for that purpose –
(a) a reference to
paragraph 16 of that Schedule shall be taken to include a reference to this
section,
(aa) a reference in paragraph
18B of that Schedule to an immigration officer shall be read as a reference to
the Minister,
(b) a reference in
paragraph 21 of that Schedule to an immigration officer shall be taken to
include a reference to the Minister, and
(c) a reference to
detention under that Schedule or under a provision or Part of that Schedule
shall be taken to include a reference to detention under this section.
(4) In the case of a
restriction imposed under paragraph 21 of that Schedule by virtue of this
section –
(a) a restriction imposed
by an immigration officer may be varied by the Minister, and
(b) a restriction imposed
by the Minister may be varied by an immigration officer.
(7) A power under this
section which is exercisable pending a decision of a particular kind by the
Minister is exercisable where the Minister has reasonable grounds to suspect
that he may make a decision of that kind.
(7A) The detention under this
section of a person to whom section 60 (limitation on detention of pregnant
women) of the Immigration Act 2016 applies is subject to that section.
Construction of reference to person liable to detention.
67.–(1) This
section applies to the construction of a provision which –
(a) does not confer power
to detain a person, but
(b) refers (in any terms)
to a person who is liable to detention under a provision of the Immigration
Acts.
(2) The reference shall be
taken to include a person if the only reason why he cannot be detained under
the provision is that –
(a) he cannot presently be
removed from Jersey, because of a legal impediment connected with obligations
by which Jersey is bound under an international agreement,
(b) practical difficulties are
impeding or delaying the making of arrangements for his removal from Jersey, or
(c) practical difficulties,
or demands on administrative resources, are impeding or delaying the taking of
a decision in respect of him.
(3) This section shall be
treated as always having had effect.
Removal
Serious criminal.
72.–(1) This
section applies for the purpose of the construction and application of Article
33(2) of the Refugee Convention (exclusion from protection).
(2) A person shall be
presumed to have been convicted by a final judgment of a particularly serious
crime and to constitute a danger to the community of Jersey if he is –
(a) convicted in Jersey of
an offence, and
(b) sentenced to a period
of imprisonment of at least two years.
(3) A person shall be presumed
to have been convicted by a final judgment of a particularly serious crime and
to constitute a danger to the community of Jersey if –
(a) he is convicted outside
Jersey of an offence,
(b) he is sentenced to a
period of imprisonment of at least two years, and
(c) he could have been
sentenced to a period of imprisonment of at least two years had his conviction
been a conviction in Jersey of a similar offence.
(4) A person shall be
presumed to have been convicted by a final judgment of a particularly serious
crime and to constitute a danger to the community of Jersey if –
(a) he is convicted of an
offence specified by Order of the Minister, or
(b) he is convicted outside
Jersey of an offence and the Minister certifies that in his opinion the offence
is similar to an offence specified by order under paragraph (a).
(6) A presumption under
subsection (2), (3) or (4) that a person constitutes a danger to the community
is rebuttable by that person.
(7) A presumption under
subsection (2), (3) or (4) does not apply while an appeal against conviction or
sentence –
(a) is pending, or
(b) could be brought
(disregarding the possibility of appeal out of time with leave).(11)
(8) For the purposes of
this section –
(a) “the Refugee
Convention” means the Convention relating to the Status of Refugees done at
Geneva on 28th July 1951 and its Protocol, and
(b) a reference to a person
who is sentenced to a period of imprisonment of at least two years –
(i) does not include a
reference to a person who receives a suspended sentence (unless a court
subsequently orders that the sentence or any part of it is to take effect),
(ia) does not include a
reference to a person who is sentenced to a period of imprisonment of at least
two years only by virtue of being sentenced to consecutive sentences which
amount in aggregate to more than two years,
(ii) includes a reference
to a person who is sentenced to detention, or ordered or directed to be
detained, in an institution other than a prison (including, in particular, a
hospital or an institution for young offenders), and
(iii) includes a reference
to a person who is sentenced to imprisonment or detention, or ordered or
directed to be detained, for an indeterminate period (provided that it may last
for two years).
Revocation of leave to enter or remain.
76.–(1) The
Minister may revoke a person’s indefinite leave to enter or remain in Jersey if
the person –
(a) is liable to
deportation, but
(b) cannot be deported for
legal reasons.
(2) The Minister may revoke
a person’s indefinite leave to enter or remain in Jersey if the leave was
obtained by deception.
(3) The Minister may revoke
a person’s indefinite leave to enter or remain in Jersey if the person, or
someone of whom he is a dependant, ceases to be a refugee as a result of –
(a) voluntarily availing
himself of the protection of his country of nationality,
(b) voluntarily
re-acquiring a lost nationality,
(c) acquiring the
nationality of a country other than the United Kingdom and availing himself of
its protection, or
(d) voluntarily establishing
himself in a country in respect of which he was a refugee.
(4) In this section –
“indefinite leave” has the meaning given by section 33(1) of the
Immigration Act 1971 (interpretation),
“liable to deportation” has the meaning given by section 3(5) and
(6) of that Act (deportation), and
“refugee” has the meaning given by the Convention relating to the
Status of Refugees done at Geneva on 28th July 1951 and its Protocol.
(5) A power under
subsection (1) or (2) to revoke leave may be exercised –
(a) in respect of leave
granted before this section comes into force;
(b) in reliance on anything
done before this section comes into force.
(6) A power under
subsection (3) to revoke leave may be exercised –
(a) in respect of leave
granted before this section comes into force, but
(b) only in reliance on
action taken after this section comes into force.
No removal while claim for asylum pending.
77.–(1) While
a person’s claim for asylum is pending he may not be –
(a) removed from Jersey in
accordance with a provision of the Immigration Acts, or
(b) required to leave
Jersey in accordance with a provision of the Immigration Acts.
(2) In this section –
(a) “claim for asylum”
means a claim by a person that it would be contrary to the obligations by which
Jersey is bound under the Refugee Convention to remove him from or require him
to leave Jersey, and
(b) a person’s claim is
pending until he is given notice of the Minister’s decision on it.
(3) In subsection (2) “the
Refugee Convention” means the Convention relating to the Status of Refugees
done at Geneva on 28th July 1951 and its Protocol.
(4) Nothing in this section
shall prevent any of the following while a claim for asylum is pending –
(a) the giving of a
direction for the claimant’s removal from Jersey,
(b) the making of a
deportation order in respect of the claimant, or
(c) the taking of any other
interim or preparatory action.
PART 5
IMMIGRATION AND ASYLUM: LISTED STATES
European Common List of Safe Countries of Origin.
113.–(1) In
this section “listed State” means a State for the time being on the list of
States prescribed by the Secretary of State by order under section 94A of this
Act in the United Kingdom.
(2) Subsection (3) applies
where a person makes a protection claim or a human rights claim (or both) and
that person is –
(a) a national of a listed
State, or
(b) a Stateless person who
was formerly habitually resident in a listed State.
(3) The Minister shall
consider the claim or claims mentioned in subsection (2) to be unfounded unless
satisfied that there are serious grounds for considering that the State in
question is not safe in the particular circumstances of the person mentioned in
that subsection.
(4) In this section –
“human rights claim” means a claim made by a person to the Minister
that to remove the person from or require him to leave Jersey or to refuse him
entry into Jersey would be unlawful under Article 7 of the Human Rights (Jersey) Law 2000 (public authority not to act
contrary to Convention);
“the Human Rights Convention” has the same meaning as “the
Convention” in the Human Rights (Jersey) Law
2000
and “Convention rights” shall be construed in accordance with section 1 of that
Law;
“immigration rules” means rules under section 1(4) of the
Immigration Act 1971 (general immigration rules);
“protection claim” means a claim made by a person (“P”) that removal
of P from Jersey –
(a) would breach
obligations by which Jersey is bound under the Refugee Convention, or
(b) would breach
obligations by which Jersey is bound in relation to persons eligible for a
grant of humanitarian protection;
“the Refugee Convention” means the Convention relating to the Status
of Refugees done at Geneva on 28th July 1951 and its Protocol.
PART 5A
ARTICLE 8 OF THE ECHR: PUBLIC INTEREST CONSIDERATIONS
Application of this Part.
117A.–(1) This
Part applies where a court or tribunal is required to determine whether a
decision made under the Immigration Acts –
(a) breaches a person’s
right to respect for private and family life under Article 8, and
(b) as a result would be
unlawful under Article 7 of the Human Rights (Jersey) Law
2000.
(2) In considering the
public interest question, the court or tribunal must (in particular) have
regard –
(a) in all cases, to the
considerations listed in section 117B, and
(b) in cases concerning the
deportation of foreign criminals, to the considerations listed in section 117C.
(3) In subsection (2), “the
public interest question” means the question of whether an interference with a
person’s right to respect for private and family life is justified under
Article 8(2).
Article 8: public interest considerations applicable in all cases.
117B.–(1) The
maintenance of effective immigration controls is in the public interest.
(2) It is in the public
interest, and in particular in the interests of the economic well-being of
Jersey, that persons who seek to enter or remain in Jersey are able to speak
English or French, because persons who can speak English or French –
(a) are less of a burden on
taxpayers, and
(b) are better able to
integrate into society.
(3) It is in the public
interest, and in particular in the interests of the economic well-being of
Jersey, that persons who seek to enter or remain in Jersey are financially
independent, because such persons –
(a) are not a burden on
taxpayers, and
(b) are better able to
integrate into society.
(4) Little weight should be
given to –
(a) a private life, or
(b) a relationship formed
with a qualifying partner,
that is established by a person at a time when the person is in
Jersey unlawfully.
(5) Little weight should be
given to a private life established by a person at a time when the person’s
immigration status is precarious.
(6) In the case of a person
who is not liable to deportation, the public interest does not require the
person’s removal where –
(a) the person has a
genuine and subsisting parental relationship with a qualifying child, and
(b) it would not be
reasonable to expect the child to leave Jersey.
Article 8: additional considerations in cases involving foreign
criminals.
117C.–(1) The
deportation of foreign criminals is in the public interest.
(2) The more serious the
offence committed by a foreign criminal, the greater is the public interest in
deportation of the criminal.
(3) In the case of a
foreign criminal (“C”) who has not been sentenced to a period of imprisonment
of four years or more, the public interest requires C’s deportation unless
Exception 1 or Exception 2 applies.
(4) Exception 1 applies
where –
(a) C has been lawfully
resident in Jersey for most of C’s life,
(b) C is socially and culturally
integrated in Jersey, and
(c) there would be very
significant obstacles to C’s integration into the country to which C is
proposed to be deported.
(5) Exception 2 applies
where C has a genuine and subsisting relationship with a qualifying partner, or
a genuine and subsisting parental relationship with a qualifying child, and the
effect of C’s deportation on the partner or child would be unduly harsh.
(6) In the case of a
foreign criminal who has been sentenced to a period of imprisonment of at least
four years, the public interest requires deportation unless there are very
compelling circumstances, over and above those described in Exceptions 1 and 2.
(7) The considerations in
subsections (1) to (6) are to be taken into account where a court or tribunal
is considering a decision to deport a foreign criminal only to the extent that
the reason for the decision was the offence or offences for which the criminal
has been convicted.
Interpretation of this Part.
117D.–(1) In
this Part –
“Article 8” means Article 8 of the European Convention on Human
Rights;
“qualifying child” means a person who is under the age of 18 and
who-
(a) is a British citizen,
or
(b) has lived in Jersey for
a continuous period of seven years or more;
“qualifying partner” means a partner who –
(a) is a British citizen,
or
(b) who is settled in
Jersey (within the meaning of the Immigration Act 1971 - see section 33(2A) of
that Act).
(2) In this Part, “foreign
criminal” means a person –
(a) who is not a British
citizen,
(b) who has been convicted
in Jersey of an offence, and
(c) who –
(i) has been sentenced to
a period of imprisonment of at least 12 months,
(ii) has been convicted of
an offence that has caused serious harm, or
(iii) is a persistent
offender.
(4) In this Part, references
to a person who has been sentenced to a period of imprisonment of a certain
length of time –
(a) do not include a person
who has received a suspended sentence (unless a court subsequently orders that
the sentence or any part of it (of whatever length) is to take effect);
(b) do not include a person
who has been sentenced to a period of imprisonment of that length of time only
by virtue of being sentenced to consecutive sentences amounting in aggregate to
that length of time;
(c) include a person who is
sentenced to detention, or ordered or directed to be detained, in an
institution other than a prison (including, in particular, a hospital or an
institution for young offenders) for that length of time; and
(d) include a person who is
sentenced to imprisonment or detention, or ordered or directed to be detained,
for an indeterminate period, provided that it may last for at least that length
of time.
(5) If any question arises
for the purposes of this Part as to whether a person is a British citizen, it
is for the person asserting that fact to prove it.
PART 6
IMMIGRATION PROCEDURE
Provision of information by traveller
Physical data: compulsory provision.
126.–(1) The
States may by Regulations –
(a) require an immigration
application to be accompanied by specified biometric information;
(b) enable an authorised
person to require an individual who makes an immigration application to provide
biometric information;
(c) enable an authorised
person to require an entrant to provide biometric information.
(2) In subsection (1)
“immigration application” means an application for –
(a) entry clearance,
(b) leave to enter or
remain in Jersey, or
(c) variation of leave to
enter or remain in Jersey.
(3) Regulations under
subsection (1) may not –
(a) impose a requirement in
respect of a person to whom section 141 of the Immigration and Asylum Act 1999
(fingerprinting) applies, during the relevant period within the meaning of that
section, or
(b) enable a requirement to
be imposed in respect of a person to whom that section applies, during the
relevant period within the meaning of that section.
(4) Regulations under
subsection (1) may, in particular –
(a) require, or enable an
authorised person to require, the provision of biometric information in a
specified form;
(b) require an individual
to submit, or enable an authorised person to require an individual to submit,
to a specified process by means of which biometric information is obtained or
recorded;
(c) make provision about
the effect of failure to provide biometric information or to submit to a
process (which may, in particular, include provision for an application to be
disregarded or dismissed if a requirement is not satisfied);
(d) confer a function
(which may include the exercise of a discretion) on an authorised person;
(e) require an authorised
person to have regard to a code (with or without modification);
(f) require an authorised
person to have regard to such provisions of a code (with or without
modification) as may be specified by direction of the Minister;
(fa) provide for biometric
information to be recorded on any document issued as a result of the
application in relation to which the information was provided;
(h) make provision which
applies generally or only in specified cases or circumstances;
(i) make different
provision for different cases or circumstances.
(6) In so far as
Regulations under subsection (1) require an individual under the age of 16 to
submit to a process, the Regulations must make provision similar to section
141(3) to (5) and (13) of the Immigration and Asylum Act 1999 (fingerprints:
children).
(7) In so far as
Regulations under subsection (1) enable an authorised person to require an
individual under the age of 16 to submit to a process, the Regulations must
make provision similar to section 141(3) to (5), (12) and (13) of that Act
(fingerprints: children).
(8A) Section 8 of the UK
Borders Act 2007 (power to make Regulations about use and retention of
biometric information) applies to biometric information provided in accordance
with Regulations under subsection (1) as it applies to biometric information
provided in accordance with regulations under section 5(1) of that Act.
(9) In this section –
“authorised person” –
(a) has the meaning given
by section 141(5) of the Immigration and Asylum Act 1999 (authority to take
fingerprints),and
(b) in relation to an
immigration application made outside Jersey, includes an authorised person
within the meaning of the said section 141(5) as it has effect in the United
Kingdom,
“biometric information” has the meaning given by section 15 of the
UK Borders Act 2007,
“code” has the meaning given by section 145(6) of that Act (code of
practice),
“document” includes a card or sticker and any other method of
recording information (whether in writing or by the use of electronic or other
technology or by a combination of methods),
“entrant” has the meaning given by section 33(1) of the Immigration
Act 1971 (interpretation),
“entry clearance” has the meaning given by section 33(1) of that
Act, and
“the Minister” means the Minister for Home Affairs.
Physical data: voluntary provision.
127.–(1) The
Minister may operate a scheme under which an individual may supply, or submit
to the obtaining or recording of, biometric information to be used (wholly or
partly) in connection with entry to Jersey.
(2) In particular, the
Minister may –
(a) require an authorised
person to use biometric information supplied under a scheme;
(b) make provision about
the collection, use and retention of biometric information supplied under a
scheme (which may include provision requiring an authorised person to have
regard to a code);
(c) charge for
participation in a scheme.
(3) In this section the
following expressions have the same meaning as in section 126 –
(a) “authorised person”,
(aa) “biometric information”,
(b) “code”, and
(c) “the Minister”.
Disclosure of information
Medical inspectors.
133.–(1) This
section applies to a person if an immigration officer acting under Schedule 2
to the Immigration Act 1971 (control on entry, &c.) has brought the person
to the attention of –
(a) a medical inspector
appointed under paragraph 1(2) of that Schedule, or
(b) a person working under
the direction of a medical inspector appointed under that paragraph.
(2) A medical inspector may
disclose to a health service body –
(a) the name of a person to
whom this section applies,
(b) his place of residence
in Jersey,
(c) his age,
(d) the language which he
speaks,
(e) the nature of any
disease with which the inspector thinks the person may be infected,
(f) relevant details of
the person’s medical history,
(g) the grounds for an
opinion mentioned in paragraph (e) (including the result of any test or
examination which has been carried out), and
(h) the inspector’s opinion
about action which the health service body should take.
(3) A disclosure may be
made under subsection (2) only if the medical inspector thinks it necessary for
the purpose of –
(a) preventative medicine,
(b) medical diagnosis,
(c) the provision of care
or treatment, or
(d) the management of health
care services.
(4) For the purposes of
this section “health service body” in relation to a person means the Health and
Social Services Department.
Employer.
134.–(1) The
Minister may require an employer to supply information about an employee whom
the Minister reasonably suspects of having committed an offence under section
24(1)(a), (b), (c), (e) or (f), 24A(1) or 26(1)(c) or (d) of the Immigration
Act 1971 (illegal entry, deception, &c.).
(2) The power under
subsection (1) may be exercised to require information about an employee only
if the information –
(a) is required for the
purpose of establishing where the employee is, or
(b) relates to the
employee’s earnings or to the history of his employment.
(3) In this section –
(a) a reference to an employer
or employee includes a reference to a former employer or employee, and
(b) “employment” means
employment under a contract of service or apprenticeship, whether or not
express, and (if express) whether or not in writing; and “employer” and
“employee” shall be construed accordingly.
(4) Where –
(a) a business (the
“employment agency”) arranges for one person (the “worker”) to provide services
to another (the “client”), and
(b) the worker is not
employed by the employment agency or the client, this section shall apply as if
the employment agency were the worker’s employer while he provides services to
the client.
Notice.
136.–(1) A requirement to provide information under section 134 must be
imposed by notice in writing specifying –
(a) the information,
(b) the manner in which it
is to be provided, and
(c) the period of time
within which it is to be provided.
(2) A period of time
specified in a notice under subsection (1)(c) –
(a) must begin with the
date of receipt of the notice, and
(b) must not be less than
ten working days.
(3) A person on whom a
notice is served under subsection (1) must provide the Minister with the
information specified in the notice.
(4) Information provided
under subsection (3) must be provided –
(a) in the manner specified
under subsection (1)(b), and
(b) within the time
specified under subsection (1)(c).
(5) In this section
“working day” means a day which is not –
(a) Saturday,
(b) Sunday,
(c) Christmas Day,
(d) Good Friday, or
(e) a day which is a bank
holiday under the Public Holidays and Bank
Holidays (Jersey) Law 1951.
Disclosure of information: offences.
137.–(1) A
person commits an offence if without reasonable excuse he fails to comply with
section 136(3).
(2) A person who is guilty
of an offence under subsection (1) shall be liable to –
(a) imprisonment for a term
not exceeding three months,
(b) a fine not exceeding
level 3 on the standard scale, or
(c) both.
Offence by body.
138.–(1) Subsection
(2) applies where an offence under section 137 is committed by a body corporate
and it is proved that the offence –
(a) was committed with the
consent or connivance of an officer of the body, or
(b) was attributable to
neglect on the part of an officer of the body.
(2) The officer, as well as
the body, shall be guilty of the offence.
(3) In this section a
reference to an officer of a body corporate includes a reference to –
(a) a director, manager or
secretary,
(b) a person purporting to
act as a director, manager or secretary, and
(c) if the affairs of the
body are managed by its members, a member.
(4) Where an offence under
section 137 is committed by a partnership (other than a limited partnership),
each partner shall be guilty of the offence.
(5) Subsection (1) shall
have effect in relation to a limited partnership as if –
(a) a reference to a body
corporate were a reference to a limited partnership, and
(b) a reference to an
officer of the body were a reference to a partner.
Privilege against self-incrimination.
139.–(1) Information
provided by a person pursuant to a requirement under section 134 shall not be
admissible in evidence in criminal proceedings against that person.
(2) This section shall not
apply to proceedings for an offence under section 137.
PART 7
OFFENCES
Traffic in prostitution.
145.–(1) A
person commits an offence if he arranges or facilitates the arrival in Jersey
of an individual (the “passenger”) and –
(a) he intends to exercise
control over prostitution by the passenger in Jersey or elsewhere, or
(b) he believes that
another person is likely to exercise control over prostitution by the passenger
in Jersey or elsewhere.
(2) A person commits an
offence if he arranges or facilitates travel within Jersey by an individual
(the “passenger”) in respect of whom he believes that an offence under
subsection (1) may have been committed and –
(a) he intends to exercise
control over prostitution by the passenger in Jersey or elsewhere, or
(b) he believes that
another person is likely to exercise control over prostitution by the passenger
in Jersey or elsewhere.
(3) A person commits an
offence if he arranges or facilitates the departure from Jersey of an
individual (the “passenger”) and –
(a) he intends to exercise
control over prostitution by the passenger outside Jersey, or
(b) he believes that
another person is likely to exercise control over prostitution by the passenger
outside Jersey.
(4) For the purposes of
subsections (1) to (3) a person exercises control over prostitution by another
if for purposes of gain he exercises control, direction or influence over the
prostitute’s movements in a way which shows that he is aiding, abetting or
compelling the prostitution.
(5) A person guilty of an
offence under this section shall be liable on conviction to imprisonment for a
term not exceeding 14 years, to a fine or to both.
PART 8
GENERAL
Consequential and incidental
provision.
157.–(1) The States may by Regulations make consequential or incidental
provision in connection with a provision of this Act.
(2) Regulations under this
section may, in particular –
(a) amend an enactment;
(b) modify the effect of an
enactment.
Applied provision.
159.–(1) Subsection
(2) applies where this Act amends or refers to a provision which is applied by,
under or for purposes of –
(a) another provision of
the Act which contains the provision, or
(b) another Act.
(2) The amendment or
reference shall have effect in relation to the provision as applied.
(3) Where this Act applies
a provision of another Act, a reference to that provision in any enactment
includes a reference to the provision as applied by this Act.
Short title.
164. This Act may be cited as the Nationality,
Immigration and Asylum Act 2002.
SCHEDULE
6
Article 8
Extension and modification of the Asylum
and Immigration (Treatment of Claimants, etc.) Act 2004
|
Column 1
Provision
|
Column 2
Modification
|
|
Section 1: heading
|
(No modification)
|
|
Section 2: heading
|
For “United Kingdom”
substitute “Jersey”.
|
|
Section 2
|
For “the United Kingdom”
in each place (except subsections (4)(b) and (5)(b)) substitute “Jersey”.
For “Secretary of State”
in each place substitute “Minister”.
.
For subsection (4)
substitute subsection (4) set out in Schedule 6A.
For subsection (9)
substitute subsection (9) set out in Schedule 6A.
In subsection (10) for
“constable” substitute “police officer”.
For subsection (12)
substitute subsection (12) set out in Schedule 6A.
Omit subsections (15),
(16) and (17).
|
|
Section 4: heading
|
(No modification)
|
|
Section 4
|
For “the United Kingdom”
in each place substitute “Jersey”.
In subsection (4) omit
paragraph (b).
In subsection (5) for
paragraphs (a) and (b) substitute “on conviction to imprisonment for a term
not exceeding 14 years, to a fine or to both”.
|
|
Section 8: cross-heading
|
(No modification)
|
|
Section 8: heading
|
(No modification)
|
|
Section 8 as amended by
the 2014 Act Schedule 9(1) paragraph 4
|
In subsection (3)(a) for
“Secretary of State” substitute “Minister”.
In subsection (7) –
(a) in the definition of
“deciding authority” for paragraphs (b), (c) and (d) substitute paragraphs
(b) and (c) set out in Schedule 6A;
(b) in the definition of
“immigration decision” for “the United Kingdom” in each place substitute
“Jersey”;
(c) in the definition of
“immigration provision” –
(i) in paragraph (a) for
“, 28C and 28CA” substitute “and 28C”;
(ii) in paragraph (d) for
“Extradition Act 1989 (c. 33) or 2003 (c. 41)” substitute “Extradition (Jersey) Law 2004”;
(d) in the definition of
“notified” for “regulations made by the Secretary of State” substitute “Order
made by the Minister”;
(e) in the definition of
“safe country” for “Schedule 3 applies” substitute “Schedule 3 to this Act
applies for the time being in the United Kingdom”.
In subsection (9) for
“other than the United Kingdom made by reference to the rights that a person
invokes in making an asylum claim or a human rights claim in the United
Kingdom” substitute “or territory other than Jersey made by reference to the
rights that a person invokes in making an asylum claim or a human rights
claim in Jersey”.
Omit subsection (10).
For subsection (11)
substitute subsections (11) and (11A) set out in Schedule 6A.
Omit subsection (13).
|
|
Section 14: cross-heading
|
(No modification)
|
|
Section 14: heading
|
(No modification)
|
|
Section 14
|
For subsection (2)
substitute subsection (2) set out in Schedule 6A.
For subsection (4)
substitute subsection (4) set out in Schedule 6A.
|
|
Section 17: heading
|
(No modification)
|
|
Section 17
|
For “Secretary of State” in
both places substitute “Minister”.
For “the United Kingdom”
substitute “Jersey”.
|
|
Section 33: cross-heading
|
(No modification)
|
|
Section 33: heading
|
(No modification)
|
|
Section 33
|
In subsection (1) omit “ –(1)”.
Omit subsections (2) and
(3).
|
|
Section 35: heading
|
(No modification)
|
|
Section 35 as amended by
the 2014 Act Schedule 2 paragraph 5
|
For “Secretary of State”
in each place substitute “Minister”.
In subsection (1)(b) for
“the United Kingdom” substitute “Jersey”.
In subsection (2)(d) for
“State other than the United Kingdom” substitute “country or territory
outside Jersey”.
For subsection (4)
substitute subsection (4) set out in Schedule 6A.
In subsection (5) for “a
constable or” substitute “an”.
In subsection (7) –
(a) in the definition of
“travel document” for “the United Kingdom to another State” substitute
“Jersey to another country or territory”;
(b) for “removal from the
United Kingdom” substitute “removal from Jersey”.
Omit subsections (8), (9),
(10) and (11).
|
|
Section 45: cross-heading
|
(No modification)
|
|
Section 45: heading
|
Omit “: immigration
officer”.
|
|
Section 45
|
For section 45 substitute
section 45 set out in Schedule 6A.
|
|
Section 50: heading
|
(No modification)
|
|
Section 50
|
(No modification)
|
|
|
|
|
Schedule 3: heading
|
(No modification)
|
|
Schedule 3, paragraph 1
|
For sub-paragraph (1)
substitute sub-paragraph (1) set out in Schedule 6A.
|
|
Schedule 3, paragraph 3
|
In sub-paragraph (1)(a)
for “the United Kingdom” substitute “Jersey”.
In sub-paragraph (2) for
“this Part” substitute “Part 2 of this Schedule in the UK”.
|
|
Schedule 3, paragraph 4
|
For “the United Kingdom”
substitute “Jersey”.
For “this Part” substitute
“Part 2 of this Schedule in the UK”.
For “Secretary of State”
substitute “Minister”.
|
|
Schedule 3, paragraph 7
|
For paragraph 7 substitute
paragraph 7 set out in Schedule 6A.
|
|
Schedule 3, paragraph 8
|
In sub-paragraph (1) for
“the United Kingdom” substitute “Jersey”.
In sub-paragraph (2) for
“to which this Part applies” substitute “specified by the Secretary of State
by order under Part 3 of this Schedule in the UK”.
|
|
Schedule 3, paragraph 9
|
For “the United Kingdom”
substitute “Jersey”.
For “to which this Part
applies” substitute “specified by the Secretary of State by order under Part
3 of this Schedule in the UK”.
For “Secretary of State”
substitute “Minister”.
|
|
Schedule 3, paragraph 12
|
For paragraph 12
substitute paragraph 12 set out in Schedule 6A.
|
|
Schedule 3, paragraph 13
|
In sub-paragraph (1)(a)
for “the United Kingdom” substitute “Jersey”.
In sub-paragraph (2) for
“to which this Part applies” substitute “specified by the Secretary of State
by order under Part 4 of this Schedule in the UK”.
|
|
Schedule 3, paragraph 14
|
For “the United Kingdom”
substitute “Jersey”.
For “to which this Part
applies” substitute “specified by the Secretary of State by order under Part
4 of this Schedule in the UK”.
For “Secretary of State”
substitute “Minister”.
|
|
Schedule 3, paragraph 17
|
For “This Part” substitute
“Paragraph 18”.
For “Secretary of State”
substitute “Minister”.
For “Secretary of State’s”
in both paces substitute “Minister’s”.
|
|
Schedule 3, paragraph 17
|
For “Part” substitute
“paragraph”.
|
SCHEDULE
6A
Article 8
Provisions of the Asylum and Immigration
(Treatment of Claimants, etc.) Act 2004 as extended to Jersey
|
Provision as extended to Jersey
|
Offences
Entering Jersey without passport, &c.
2.–(1) A
person commits an offence if at a leave or asylum interview he does not have
with him an immigration document which –
(a) is in force, and
(b) satisfactorily
establishes his identity and nationality or citizenship.
(2) A person commits an
offence if at a leave or asylum interview he does not have with him, in respect
of any dependent child with whom he claims to be travelling or living, an
immigration document which –
(a) is in force, and
(b) satisfactorily
establishes the child’s identity and nationality or citizenship.
(3) But a person does not
commit an offence under subsection (1) or (2) if –
(a) the interview referred
to in that subsection takes place after the person has entered Jersey, and
(b) within the period of
three days beginning with the date of the interview the person provides to an
immigration officer or to the Minister a document of the kind referred to in
that subsection.
(4) It is a defence for a
person charged with an offence under subsection (1) –
(a) to prove that he is –
(i) an Irish citizen, or
(ii) has leave to enter or
remain in Jersey which was granted by virtue of residence scheme immigration
rules,
(b) to prove that he has a
reasonable excuse for not being in possession of a document of the kind
specified in subsection (1),
(c) to produce a false
immigration document and to prove that he used that document as an immigration
document for all purposes in connection with his journey to Jersey, or
(d) to prove that he
travelled to Jersey without, at any stage since he set out on the journey,
having possession of an immigration document.
(5) It is a defence for a
person charged with an offence under subsection (2) in respect of a child –
(a) to prove that the child
is –
(i) an Irish citizen, or
(ii) has leave to enter or
remain in Jersey which was granted by virtue of residence scheme immigration
rules,
(b) to prove that the
person has a reasonable excuse for not being in possession of a document of the
kind specified in subsection (2),
(c) to produce a false
immigration document and to prove that it was used as an immigration document
for all purposes in connection with the child’s journey to Jersey, or
(d) to prove that he
travelled to Jersey with the child without, at any stage since he set out on
the journey, having possession of an immigration document in respect of the
child.
(6) Where the charge for an
offence under subsection (1) or (2) relates to an interview which takes place
after the defendant has entered Jersey –
(a) subsections (4)(c) and
(5)(c) shall not apply, but
(b) it is a defence for the
defendant to prove that he has a reasonable excuse for not providing a document
in accordance with subsection (3).
(7) For the purposes of
subsections (4) to (6) –
(a) the fact that a
document was deliberately destroyed or disposed of is not a reasonable excuse
for not being in possession of it or for not providing it in accordance with
subsection (3), unless it is shown that the destruction or disposal was –
(i) for a reasonable cause,
or
(ii) beyond the control of
the person charged with the offence, and
(b) in paragraph (a)(i)
“reasonable cause” does not include the purpose of –
(i) delaying the handling
or resolution of a claim or application or the taking of a decision,
(ii) increasing the
chances of success of a claim or application, or
(iii) complying with
instructions or advice given by a person who offers advice about, or
facilitates, immigration into Jersey, unless in the circumstances of the case
it is unreasonable to expect non-compliance with the instructions or advice.
(8) A person shall be
presumed for the purposes of this section not to have a document with him if he
fails to produce it to an immigration officer or official of the Minister on
request.
(9) A person guilty of an
offence under this section shall be liable on conviction to imprisonment for a
term not exceeding two years, to a fine or to both.
(10) If a police officer or
immigration officer reasonably suspects that a person has committed an offence
under this section he may arrest the person without warrant.
(11) An offence under this
section shall be treated as –
(a) a relevant offence for
the purposes of sections 28B and 28D of the Immigration Act 1971 (search, entry
and arrest), and
(b) an offence under Part
III of that Act (criminal proceedings) for the purposes of sections 28(4), 28E,
28G and 28H (search after arrest, &c.) of that Act.
(12) In this section –
“immigration document” means –
(a) a passport, and
(b) a document which
relates to a national of a State other than the United Kingdom and which is
designed to serve the same purpose as a passport,
“leave or asylum interview” means an interview with an immigration
officer or an official of the Minister at which a person –
(a) seeks leave to enter or
remain in Jersey, or
(b) claims that to remove
him from or require him to leave Jersey would breach Jersey’s obligations under
the Refugee Convention or would be unlawful under Article 7 of the Human Rights (Jersey) Law
2000
as being incompatible with his Convention rights, and
“residence scheme immigration rules” means immigration rules which
are identified as having effect in connection with the withdrawal of the United
Kingdom from the European Union.
(13) For the purposes of
this section –
(a) a document which
purports to be, or is designed to look like, an immigration document, is a
false immigration document, and
(b) an immigration document
is a false immigration document if and in so far as it is used –
(i) outside the period for
which it is expressed to be valid,
(ii) contrary to provision
for its use made by the person issuing it, or
(iii) by or in respect of a
person other than the person to or for whom it was issued.
(14) Section 11 of the
Immigration Act 1971 shall have effect for the purpose of the construction of a
reference in this section to entering Jersey.
Trafficking people for exploitation.
4.–(1) A
person commits an offence if he arranges or facilitates the arrival in Jersey
of an individual (the “passenger”) and –
(a) he intends to exploit
the passenger in Jersey or elsewhere, or
(b) he believes that
another person is likely to exploit the passenger in Jersey or elsewhere.
(2) A person commits an
offence if he arranges or facilitates travel within Jersey by an individual
(the “passenger”) in respect of whom he believes that an offence under
subsection (1) may have been committed and –
(a) he intends to exploit
the passenger in Jersey or elsewhere, or
(b) he believes that another
person is likely to exploit the passenger in Jersey or elsewhere.
(3) A person commits an
offence if he arranges or facilitates the departure from Jersey of an
individual (the “passenger”) and –
(a) he intends to exploit
the passenger outside Jersey, or
(b) he believes that
another person is likely to exploit the passenger outside Jersey.
(4) For the purposes of
this section a person is exploited if (and only if) –
(a) he is the victim of
behaviour that contravenes Article 4 of the Human Rights Convention (slavery
and forced labour),
(c) he is subjected to
force, threats or deception designed to induce him –
(i) to provide services of
any kind,
(ii) to provide another
person with benefits of any kind, or
(iii) to enable another
person to acquire benefits of any kind, or
(d) he is requested or
induced to undertake any activity, having been chosen as the subject of the
request or inducement on the grounds that –
(i) he is mentally or
physically ill or disabled, he is young or he has a family relationship with a
person, and
(ii) a person without the
illness, disability, youth or family relationship would be likely to refuse the
request or resist the inducement.
(5) A person guilty of an
offence under this section shall be liable on conviction to imprisonment for a
term not exceeding 14 years, to a fine or to both.
Treatment of claimants
Claimant’s credibility.
8.–(1) In determining
whether to believe a statement made by or on behalf of a person who makes an
asylum claim or a human rights claim, a deciding authority shall take account,
as damaging the claimant’s credibility, of any behaviour to which this section
applies.
(2) This section applies to
any behaviour by the claimant that the deciding authority thinks –
(a) is designed or likely
to conceal information,
(b) is designed or likely
to mislead, or
(c) is designed or likely
to obstruct or delay the handling or resolution of the claim or the taking of a
decision in relation to the claimant.
(3) Without prejudice to
the generality of subsection (2) the following kinds of behaviour shall be
treated as designed or likely to conceal information or to mislead –
(a) failure without reasonable
explanation to produce a passport on request to an immigration officer or to
the Minister,
(b) the production of a
document which is not a valid passport as if it were,
(c) the destruction,
alteration or disposal, in each case without reasonable explanation, of a
passport,
(d) the destruction,
alteration or disposal, in each case without reasonable explanation, of a
ticket or other document connected with travel, and
(e) failure without
reasonable explanation to answer a question asked by a deciding authority.
(4) This section also
applies to failure by the claimant to take advantage of a reasonable
opportunity to make an asylum claim or human rights claim while in a safe
country.
(5) This section also
applies to failure by the claimant to make an asylum claim or human rights
claim before being notified of an immigration decision, unless the claim relies
wholly on matters arising after the notification.
(6) This section also
applies to failure by the claimant to make an asylum claim or human rights claim
before being arrested under an immigration provision, unless –
(a) he had no reasonable
opportunity to make the claim before the arrest, or
(b) the claim relies wholly
on matters arising after the arrest.
(7) In this section –
“asylum claim” has the meaning given by section 113(1) of the
Nationality, Immigration and Asylum Act 2002 (subject to subsection (9) below),
“deciding authority” means –
(a) an immigration officer,
(b) the Minister, or
(c) the Royal Court,
“human rights claim” has the meaning given by section 113(1) of the
Nationality, Immigration and Asylum Act 2002 (subject to subsection (9) below),
“immigration decision” means –
(a) refusal of leave to
enter Jersey,
(b) refusal to vary a
person’s leave to enter or remain in Jersey,
(c) grant of leave to enter
or remain in Jersey,
(d) a decision that a
person is to be removed from Jersey by way of directions under section 10 of
the Immigration and Asylum Act 1999 (removal of persons unlawfully in Jersey),
(e) a decision that a
person is to be removed from Jersey by way of directions under paragraphs 8 to
12 of Schedule 2 to the Immigration Act 1971 (control of entry: removal),
(f) a decision to make a
deportation order under section 5(1) of that Act, and
(g) a decision to take
action in relation to a person in connection with extradition from Jersey,
“immigration provision” means –
(a) sections 28A, 28AA, 28B
and 28C of the Immigration Act 1971 (immigration offences: enforcement),
(b) paragraph 17 of
Schedule 2 to that Act (control of entry),
(c) section 14 of this Act,
and
(d) a provision of the Extradition (Jersey) Law 2004,
“notified” means notified in such manner as may be specified by
Order made by the Minister,
“passport” includes a document which relates to a national of a
country other than the United Kingdom and which is designed to serve the same
purpose as a passport, and
“safe country” means a country to which Part 2 of Schedule 3 to this
Act applies for the time being in the United Kingdom.
(8) A passport produced by
or on behalf of a person is valid for the purposes of subsection (3)(b) if it –
(a) relates to the person
by whom or on whose behalf it is produced,
(b) has not been altered
otherwise than by or with the permission of the authority who issued it, and
(c) was not obtained by
deception.
(9) In subsection (4) a
reference to an asylum claim or human rights claim shall be treated as
including a reference to a claim of entitlement to remain in a country or
territory other than Jersey made by reference to the rights that a person
invokes in making an asylum claim or a human rights claim in Jersey.
(11) An Order under
subsection (7) specifying a manner of notification may make incidental,
consequential or transitional provision.
(12) This section shall not
prevent a deciding authority from determining not to believe a statement on the
grounds of behaviour to which this section does not apply.
Enforcement powers
Immigration officer: power of arrest.
14.–(1) Where
an immigration officer in the course of exercising a function under the
Immigration Acts forms a reasonable suspicion that a person has committed or
attempted to commit an offence listed in subsection (2), he may arrest the
person without warrant.
(2) Those offences are –
(a) the offence of
conspiracy at customary law (in relation to conspiracy to defraud),
(b) at customary law, any
of the following offences –
(i) fraud,
(ii) conspiracy to
defraud,
(iii) uttering and fraud,
(iv) bigamy,
(v) larceny, and
(c) an offence under
section 4 of this Act.
(3) The following
provisions of the Immigration Act 1971 shall have effect for the purpose of
making, or in connection with, an arrest under this section as they have effect
for the purpose of making, or in connection with, arrests for offences under
that Act –
(a) section 28C (entry and
search before arrest),
(b) sections 28E and 28F
(entry and search after arrest),
(c) sections 28G and 28H
(search of arrested person), and
(d) section 28I (seized
material).
(4) The States may by
Regulations amend subsection (2) and subsection (3).
Retention of documents.
17. Where a document comes into the possession
of the Minister or an immigration officer in the course of the exercise of an
immigration function, the Minister or an immigration officer may retain the
document while he suspects that –
(a) a person to whom the
document relates may be liable to removal from Jersey in accordance with a
provision of the Immigration Acts, and
(b) retention of the
document may facilitate the removal.
Removal and detention
Removing asylum seeker to safe country.
33. Schedule 3 (which concerns the removal of
persons claiming asylum to countries known to protect refugees and to respect
human rights) shall have effect.
Deportation or removal: cooperation.
35.–(1) The Minister
may require a person to take specified action if the Minister thinks that –
(a) the action will or may
enable a travel document to be obtained by or for the person, and
(b) possession of the
travel document will facilitate the person’s deportation or removal from
Jersey.
(2) In particular, the
Minister may require a person to –
(a) provide information or
documents to the Minister or to any other person;
(b) obtain information or
documents;
(c) provide biometric information
(within the meaning of section 15 of the UK Borders Act 2007), or submit to a
process by means of which such information is obtained or recorded;
(d) make, or consent to or
cooperate with the making of, an application to a person acting for the government
of a country or territory outside Jersey;
(e) cooperate with a
process designed to enable determination of an application;
(f) complete a form
accurately and completely;
(g) attend an interview and
answer questions accurately and completely;
(h) make an appointment.
(3) A person commits an
offence if he fails without reasonable excuse to comply with a requirement of
the Minister under subsection (1).
(4) A person guilty of an
offence under subsection (3) shall be liable on conviction to imprisonment for
a term not exceeding two years, to a fine or to both.
(5) If an immigration
officer reasonably suspects that a person has committed an offence under
subsection (3) he may arrest the person without warrant.
(6) An offence under
subsection (3) shall be treated as –
(a) a relevant offence for
the purposes of sections 28B and 28D of the Immigration Act 1971 (search, entry
and arrest), and
(b) an offence under Part
III of that Act (criminal proceedings) for the purposes of sections 28(4), 28E,
28G and 28H (search after arrest, &c.) of that Act.
(7) In subsection (1)–
“travel document” means a passport or other document which is issued
by or for Her Majesty’s Government or the government of another State and which
enables or facilitates travel from Jersey to another country or territory, and
“removal from Jersey” means removal under –
(a) Schedule 2 to the
Immigration Act 1971 (control on entry) (including a provision of that Schedule
as applied by another provision of the Immigration Acts),
(b) section 10 of the
Immigration and Asylum Act 1999 (removal of person unlawfully in United
Kingdom), or
(c) Schedule 3 to this Act.
General
Interpretation.
45. In this Act –
“immigration officer” means a person appointed in accordance with
the Employment of States of
Jersey Employees (Jersey) Law 2005 as an immigration officer under paragraph 1 of
Schedule 2 to the Immigration Act 1971;
“the Minister” means the Minister for Home Affairs.
Short title.
50. This Act may be cited as the Asylum and
Immigration (Treatment of Claimants, etc.) Act 2004.
SCHEDULE 3
REMOVAL OF ASYLUM SEEKER TO SAFE COUNTRY
Section 33
1.–(1) In this
Schedule –
“asylum claim” means a claim by a person that to remove him from or
require him to leave Jersey would breach obligations by which Jersey is bound
under the Refugee Convention,
“Convention rights” means the rights identified as Convention rights
by Article 2 of the Human Rights (Jersey) Law
2000
(whether or not in relation to a State that is a party to the Convention),
“human rights claim” means a claim by a person that to remove him
from or require him to leave Jersey would be unlawful under Article 7 of the
Human Rights (Jersey Law 2000 (public authority not to act contrary to
Convention) as being incompatible with his Convention rights,
“Part 2 of this Schedule in the UK” means Part 2 of this Schedule as
it applies for the time being in the United Kingdom;
“Part 3 of this Schedule in the UK” means Part 3 of this Schedule as
it applies for the time being in the United Kingdom;
“Part 4 of this Schedule in the UK” means Part 4 of this Schedule as
it applies for the time being in the United Kingdom;
“the Refugee Convention” means the Convention relating to the Status
of Refugees done at Geneva on 28th July 1951 and its Protocol.
(2) In this Schedule a
reference to anything being done in accordance with the Refugee Convention is a
reference to the thing being done in accordance with the principles of the
Convention, whether or not by a signatory to it.
3.–(1) This
paragraph applies for the purposes of the determination by any person, tribunal
or court whether a person who has made an asylum claim or a human rights claim
may be removed –
(a) from Jersey, and
(b) to a State of which he
is not a national or citizen.
(2) A State to which Part 2
of this Schedule in the UK applies shall be treated, in so far as relevant to
the question mentioned in sub-paragraph (1), as a place –
(a) where a person’s life
and liberty are not threatened by reason of his race, religion, nationality,
membership of a particular social group or political opinion,
(b) from which a person
will not be sent to another State in contravention of his Convention rights,
and
(c) from which a person
will not be sent to another State otherwise than in accordance with the Refugee
Convention.
4. Section 77 of the Nationality,
Immigration and Asylum Act 2002 (no removal while claim for asylum pending)
shall not prevent a person who has made a claim for asylum from being removed –
(a) from Jersey, and
(b) to a State to which
Part 2 of this Schedule in the UK applies;
provided that the Minister certifies that in his opinion the person
is not a national or citizen of the State.
7. Paragraphs 8 and 9 apply to such States
as the Secretary of State has by order specified under Part 3 of this Schedule
in the UK.
8.–(1) This
paragraph applies for the purposes of the determination by any person, tribunal
or court whether a person who has made an asylum claim may be removed –
(a) from Jersey, and
(b) to a State of which he
is not a national or citizen.
(2) A State specified by
the Secretary of State by order under Part 3 of this Schedule in the UK shall
be treated, in so far as relevant to the question mentioned in sub-paragraph
(1), as a place –
(a) where a person’s life
and liberty are not threatened by reason of his race, religion, nationality,
membership of a particular social group or political opinion, and
(b) from which a person
will not be sent to another State otherwise than in accordance with the Refugee
Convention.
9. Section 77 of the Nationality,
Immigration and Asylum Act 2002 (no removal while claim for asylum pending)
shall not prevent a person who has made a claim for asylum from being removed –
(a) from Jersey, and
(b) to a State specified by
the Secretary of State by order under Part 3 of this Schedule in the UK;
provided that the Minister certifies that in his opinion the person
is not a national or citizen of the State.
12. Paragraphs 13 and 14 apply to such States
as the Secretary of State has by order specified under Part 4 of this Schedule
in the UK.
13.–(1) This
paragraph applies for the purposes of the determination by any person, tribunal
or court whether a person who has made an asylum claim may be removed –
(a) from Jersey, and
(b) to a State of which he
is not a national or citizen.
(2) A State specified by
the Secretary of State by order under Part 4 of this Schedule in the UK shall
be treated, in so far as relevant to the question mentioned in sub-paragraph
(1), as a place –
(a) where a person’s life
and liberty are not threatened by reason of his race, religion, nationality,
membership of a particular social group or political opinion, and
(b) from which a person
will not be sent to another State otherwise than in accordance with the Refugee
Convention.
14. Section 77 of the Nationality, Immigration
and Asylum Act 2002 (no removal while claim for asylum pending) shall not
prevent a person who has made a claim for asylum from being removed –
(a) from Jersey, and
(b) to a State specified by
the Secretary of State by order under Part 4 of this Schedule in the UK;
provided that the Minister certifies that in his opinion the person
is not a national or citizen of the State.
17. Paragraph 18 applies to a person who has
made an asylum claim if the Minister certifies that –
(a) it is proposed to
remove the person to a specified State,
(b) in the Minister’s
opinion the person is not a national or citizen of the specified State, and
(c) in the Minister’s
opinion the specified State is a place –
(i) where the person’s
life and liberty will not be threatened by reason of his race, religion,
nationality, membership of a particular social group or political opinion, and
(ii) from which the person
will not be sent to another State otherwise than in accordance with the Refugee
Convention.
18. Where this paragraph applies to a person
section 77 of the Nationality, Immigration and Asylum Act 2002 (no removal
while claim for asylum pending) shall not prevent his removal to the State
specified under paragraph 17.
SCHEDULE
7
Article 9
Immigration, Asylum and Nationality Act
2006
|
Column 1
Provision
|
Column 2
Modification
|
|
Section 27: cross-heading only
|
(No modification)
|
|
Section 32: heading
|
(No modification)
|
|
Section 32 as amended by the 2015 Act Schedule 5(1) paragraph 6
|
In subsection (1) for “the United Kingdom” in both places substitute
“Jersey”.
In subsection (2) –
(a) for “constable” substitute “police officer”;
(b) for “superintendent” substitute “Chief Inspector”.
In subsection (4) –
(a) for “constable” substitute “police officer”;
(b) for paragraphs (a) and (b) ” substitute “for police purposes”.
In subsection (5) –
(a) in paragraph (a) for “order of the Secretary of State” substitute
“Order of the Minister”;
(b) for paragraphs (b) and (c) substitute paragraphs (b) and (c) set
out in Schedule 7A.
In subsection (7) –
(a) for “Secretary of State may make an order” substitute “Minister
may make an Order”;
(b) for “Human Rights Act 1998 (c. 42)” substitute “Human Rights (Jersey) Law
2000”.
For subsection (8) substitute subsection (8) set out in Schedule
7A.
|
|
Section 32A: heading (see the 2015 Act Schedule 5(1) paragraph 7)
|
For “Regulations” substitute “Orders”.
|
|
Section 32A as inserted by the 2015 Act Schedule 5(1) paragraph 7
|
In subsection (1) –
(a) for “Secretary of State may make regulations” substitute “Minister
may make provision by Order”;
(b) for “the United Kingdom” in both places substitute “Jersey”.
For subsection (3) substitute subsection (3) set out in Schedule
7A.
In subsection (4) –
(a) for “The regulations” substitute “An Order under this section”;
(b) in paragraph (a) for “they apply” substitute “the Order applies”.
In subsection (5) –
(a) for “The regulations” substitute “An Order under this section”;
(b) for “Secretary of State” substitute “Minister”.
For subsection (6) substitute subsection (6) set out in Schedule
7A.
|
|
Section 32B: heading (see the 2015 Act Schedule 5(1) paragraph 7)
|
(No modification)
|
|
Section 32B as inserted by the 2015 Act Schedule 5(1) paragraph 7.
|
In subsection (1) –
(a) for “Secretary of State may make regulations” substitute “Minister
may make provision by Order”;
(b) in paragraph (b) for “regulations made under section 32A (regulations”
substitute “an Order made under section 32A (Orders”.
In subsection (2) –
(a) for “Regulations” substitute “An Order”;
(b) for “regulations” substitute “Order”.
In subsection (3) for “regulations” in both places substitute “Order”.
In subsection (4) –
(a) for “The regulations” substitute “The Order”;
(b) for “by regulations” substitute “by an Order”;
(c) in paragraph (c) for “under section 22 of the Counter-Terrorism
and Security Act 2015 and a penalty has been imposed on the person in respect
of a failure to provide that information by virtue of regulations made” substitute
“by the Minister by Order under section 22 of the Counter-Terrorism and Security
Act 2015 and a penalty has been imposed on the person in respect of a failure
to provide that information by virtue of an Order made by the Minister”.
For subsections (5) and (6) substitute subsection (5) set out in Schedule
7A.
|
|
Section 33: heading
|
(No modification)
|
|
Section 33
|
For “the United Kingdom” in each place substitute “Jersey”.
In subsection (2) for “constable of the rank of superintendent” substitute
“police officer of the rank of Chief Inspector”.
For subsections (4) and (5) substitute subsections (4) and (5) set
out in Schedule 7A.
For subsections (7) and (8) substitute subsections (7) and (8) set
out in Schedule 7A.
|
|
Section 34: heading
|
(No modification)
|
|
Section 34 as amended by the 2015 Act Schedule 5(1) paragraph 8(2),
(3) and (4)
|
In subsection (1)(b) for “regulations” substitute “an Order”.
In subsection (1A) for “regulations” in both places substitute “an
Order”.
Omit subsection (2).
In subsection (3) –
(a) omit “summary”;
(b) in paragraph (a) for “51 weeks in England and Wales or 6 months
in Scotland or Northern Ireland” substitute “6 months”;
(c) in paragraph (b) for “level 4” substitute “level 3”.
Omit subsection (4).
|
|
Section 39: heading
|
(No modification)
|
|
Section 39
|
In subsection (1) –
(a) for “A chief officer of police” substitute “The Chief Officer of
the States of Jersey Police Force”;
(b) for “the States of Jersey police force” substitute “a police force
of the United Kingdom”.
For subsection (2) –
(a) for “outside the United Kingdom” substitute “outside Jersey”;
(b) after “in the United Kingdom” insert “and Islands”;
(c) for “Serious Organised Crime Agency” substitute “National Crime
Agency”.
Omit subsection (3).
|
|
Section 40: heading
|
(No modification)
|
|
Section 40
|
For “Secretary of State” in each place substitute “Minister”.
For “constable” and “constables” in each place substitute “police officer”
and “police officers” respectively.
In subsection (4) for “Commissioners for Her Majesty’s Revenue and
Customs, authorise a specified class of officers of Revenue and Customs” substitute
“Agent of the Impôts, authorise a specified class of officer of the Impôts”.
In subsection (5) for “Revenue and Customs” substitute “the Impôts”.
In subsection (6) –
(a) in paragraph (b) for “Commissioners for Her Majesty’s Revenue and
Customs for the exercise by authorised officers of Revenue and Customs” substitute
“Agent of the Impôts for the exercise by authorised officers of the Impôts”;
(b) in paragraph (c ) for “Revenue and Customs” substitute “the Impôts”.
In subsection (8) for paragraph (b) substitute paragraph (b) set out
in Schedule 7A.
|
|
Section 41: heading
|
(No modification)
|
|
Section 41
|
For subsection (1) substitute subsection (1) set out in Schedule
7A.
In subsection (2) for “constable or officer of Revenue and Customs
or of a class of constable or officer of Revenue and Customs” substitute “police
officer or officer of the Impôts or of a class of police officer or officer of
the Impôts”.
In subsection (3) –
(a) for “constable or officer of Revenue and Customs” substitute “police
officer or officer of the Impôts”;
(b) for “Secretary of State” substitute “Minister”.
In subsection (7) for “constable or officer of Revenue and Customs”
substitute “police officer or officer of the Impôts”.
In subsection (8) –
(a) omit “summary”;
(b) in paragraph (a) for “51 weeks in England and Wales or six months
in Scotland or Northern Ireland” substitute “twelve months”;
(c) in paragraph (b) for “level 5” substitute “level 3”.
Omit subsection (9).
|
|
Section 43: cross heading
|
(No modification)
|
|
Section 50: heading
|
(No modification)
|
|
Section 50
|
In subsection (2) for “Secretary of State” substitute “Minister”.
Omit subsections (3), (4), (5) and (6).
|
|
Section 53: cross heading
|
(No modification)
|
|
Section 54: heading
|
(No modification)
|
|
Section 54
|
In subsection (2) for the definition of “terrorism” substitute the
definition of “terrorism” set out in Schedule 7A.
|
|
Section 60: cross heading
|
(No modification)
|
|
Section 60: heading
|
For the heading substitute the heading set out in Schedule 7A.
|
|
Section 60
|
For section 60 substitute section 60 set out in Schedule 7A.
|
|
Section 64: heading
|
(No modification)
|
|
Section 64
|
In subsection (1) omit “ –(1)”.
Omit subsections (2), (3) and (4).
|
SCHEDULE
7A
Article 9
Provisions of the Immigration, Asylum and
Nationality Act 2006 as extended to Jersey
|
Provision as extended to Jersey
|
Information
Passenger and crew information: police powers.
32.–(1) This
section applies to ships and aircraft which are –
(a) arriving, or expected
to arrive, in Jersey, or
(b) leaving, or expected to
leave, Jersey.
(2) The owner or agent of a
ship or aircraft shall comply with any requirement imposed by a police officer
of the rank of Chief Inspector or above to provide passenger or service
information.
(3) A passenger or member
of crew shall provide to the owner or agent of a ship or aircraft any
information that he requires for the purpose of complying with a requirement
imposed by virtue of subsection (2).
(4) A police officer may
impose a requirement under subsection (2) only if he thinks it necessary for
police purposes.
(5) In this section –
(a) “passenger or service
information” means information which is of a kind specified by Order of the
Minister and which relates to –
(i) passengers,
(ii) members of crew, or
(iii) a voyage or flight,
(b) “police purposes” means
any of the following –
(i) the prevention,
detection, investigation or prosecution of criminal offences,
(ii) safeguarding national
security,
(iii) such other purposes
as may be specified by Order of the Minister, and
(c) “ship” includes –
(i) every description of
vessel used in navigation, and
(ii) hovercraft.
(6) A requirement imposed
under subsection (2) –
(a) must be in writing,
(b) may apply generally or
only to one or more specified ships or aircraft,
(c) must specify a period,
not exceeding six months and beginning with the date on which it is imposed,
during which it has effect,
(d) must state –
(i) the information
required, and
(ii) the date or time by
which it is to be provided,
(e) may include a
requirement for the owner or agent of a ship or aircraft to be able to receive,
in a specified form and manner, communications relating to the information.
(7) The Minister may make
an Order specifying a kind of information under subsection (5)(a) only if
satisfied that the nature of the information is such that there are likely to
be circumstances in which it can be required under subsection (2) without
breaching Convention rights (within the meaning of the Human Rights (Jersey) Law
2000).
(8) An Order under
subsection (5)(a) –
(a) may apply generally or
only to specified cases or circumstances,
(b) may make different
provision for different cases or circumstances, and
(c) may specify the form
and manner in which information is to be provided.
Orders requiring information to be provided to police.
32A.–(1) The
Minister may make provision by Order requiring responsible persons in relation
to ships or aircraft –
(a) which have arrived, or
are expected to arrive, in Jersey, or
(b) which have left, or are
expected to leave, Jersey,
to provide information to the police.
(2) The following information
may be required under subsection (1) –
(a) information about the
persons on board;
(b) information about the
voyage or flight.
(3) An Order under this
section may impose a requirement to provide the information only if the
Minister thinks it necessary for police purposes.
In this subsection “police purposes” has the same meaning as in
section 32.
(4) An Order under this
section must –
(a) specify or describe the
classes of ships or aircraft to which the Order applies;
(b) specify the information
required to be provided;
(c) specify the time by
which the information must be provided;
(d) specify the form and
manner in which the information must be provided.
(5) An Order under this
section may require responsible persons to be able to receive, in a specified
form and manner, communications sent by the police, the Minister or an
immigration officer relating to the information.
(6) An Order under this
section –
(a) may apply generally or
only to specified cases or circumstances,
(b) may make different
provision for different cases or circumstances.
(7) For the purposes of
this section, the following are responsible persons in respect of a ship or
aircraft –
(a) the owner or agent, and
(b) the captain.
Penalty for breach of section 32 or 32A.
32B.–(1) The
Minister may make provision by Order imposing penalties for failure to comply
with a requirement imposed –
(a) under section 32(2)
(provision of passenger, crew or service information), or
(b) by an Order made under
section 32A (Orders requiring information to be provided to police).
(2) An Order under
subsection (1) may in particular make provision –
(a) about how a penalty is
to be calculated;
(b) about the procedure for
imposing a penalty;
(c) about the enforcement
of penalties;
(d) allowing for an appeal
against a decision to impose a penalty;
and the Order may make different provision for different purposes.
(3) Provision in the Order
about the procedure for imposing a penalty must provide for a person to be
given an opportunity to object to a proposed penalty in the circumstances set
out in the Order.
(4) The Order must provide
that no penalty may be imposed on a person for failure to comply with a
requirement imposed under section 32(2) or by an Order made under section 32A
where –
(a) proceedings have been
instituted against the person under section 34 in respect of the same failure,
or
(b) the failure consists of
a failure to provide information that the person has also been required to
provide under paragraph 27, 27B or 27BA of Schedule 2 to the Immigration Act
1971 and –
(i) a penalty has been
imposed on the person in respect of a failure to provide that information by
virtue of regulations made under paragraph 27BB of that Schedule, or
(ii) proceedings have been
instituted against the person under section 27 of that Act in respect of a
failure to provide that information, or
(c) the failure consists of
a failure to provide information that the person has also been required to
provide under an authority-to-carry scheme made by the Minister by Order under
section 22 of the Counter-Terrorism and Security Act 2015 and a penalty has
been imposed on the person in respect of a failure to provide that information
by virtue of an Order made by the Minister under section 24 of that Act.
(5) Any penalty paid by
virtue of this section must be paid to the Treasurer of the States and credited
to the Annual Income of the States.
Freight information: police powers.
33.–(1) This
section applies to ships, aircraft and vehicles which are –
(a) arriving, or expected to
arrive, in Jersey, or
(b) leaving, or expected to
leave, Jersey.
(2) If a police officer of
the rank of Chief Inspector or above requires a person specified in subsection
(3) to provide freight information he shall comply with the requirement.
(3) The persons referred to
in subsection (2) are –
(a) in the case of a ship
or aircraft, the owner or agent,
(b) in the case of a
vehicle, the owner or hirer, and
(c) in any case, persons
responsible for the import or export of the freight into or from Jersey.
(4) A police officer may
impose a requirement under subsection (2) only if he thinks it necessary for
police purposes.
(5) In this section –
(a) “freight information”
means information which is of a kind specified by Order of the Minister and
which relates to freight carried, and
(b) “police purposes” means
any of the following –
(i) the prevention,
detection, investigation or prosecution of criminal offences;
(ii) safeguarding national
security;
(iii) such other purposes
as may be specified by Order of the Minister.
(6) A requirement imposed
under subsection (2) –
(a) must be in writing,
(b) may apply generally or
only to one or more specified ships, aircraft or vehicles,
(c) must specify a period,
not exceeding six months and beginning with the date on which it is imposed,
during which it has effect, and
(d) must state –
(i) the information
required, and
(ii) the date or time by
which it is to be provided.
(7) The Minister may make
an Order specifying a kind of information under subsection (5) only if satisfied
that the nature of the information is such that there are likely to be
circumstances in which it can be required under subsection (2) without
breaching Convention rights (within the meaning of the Human Rights (Jersey) Law
2000).
(8) An Order under
subsection (5) –
(a) may apply generally or
only to specified cases or circumstances,
(b) may make different
provision for different cases or circumstances,
(c) may specify the form
and manner in which the information is to be provided.
Offence.
34.–(1) A
person commits an offence if without reasonable excuse he fails to comply with
a requirement imposed –
(a) under section 32(2) or
(3) , or 33(2)
(b) by an Order made under
section 32A.
(1A) Proceedings may not be
instituted against a person under subsection (1) for a failure to comply with a
requirement imposed under section 32(2) or by an Order made under section 32A
where –
(a) the person has paid a
penalty in respect of the same failure, or a failure to provide the same
information, by virtue of an Order made under –
(i) section 32B,
(ii) paragraph 27BB of
Schedule 2 to the Immigration Act 1971, or
(iii) section 24 of the
Counter-Terrorism and Security Act 2015 (penalty for breach of authority-to-carry
scheme); or
(b) proceedings have been
instituted against the person under section 27 of the Immigration Act 1971 in
respect of a failure to provide the same information.
(3) A person who is guilty
of an offence under subsection (1) shall be liable on conviction to –
(a) imprisonment for a term
not exceeding 6 months,
(b) a fine not exceeding
level 3 on the standard scale, or
(c) both.
Disclosure to law enforcement agencies.
39.–(1) The
Chief Officer of the States of Jersey Police Force may disclose information
obtained in accordance with section 32 or 33 to –
(a) a police force of the
United Kingdom;
(b) the salaried police
force of the Island of Guernsey;
(c) the Isle of Man
constabulary;
(d) any other foreign law
enforcement agency.
(2) In subsection (1)
“foreign law enforcement agency” means a person outside Jersey with functions
similar to functions of –
(a) a police force in the
United Kingdom and Islands, or
(b) the National Crime
Agency.
Searches: contracting out.
40.–(1) An
authorised person may, in accordance with arrangements made under this section,
search a searchable ship, aircraft, vehicle or other thing for the purpose of
satisfying himself whether there are individuals whom an immigration officer
might wish to examine under paragraph 2 of Schedule 2 to the Immigration Act
1971 (control of entry: administrative provisions).
(2) For the purposes of
subsection (1) –
(a) “authorised” means
authorised for the purpose of this section by the Minister, and
(b) a ship, aircraft,
vehicle or other thing is “searchable” if an immigration officer could search
it under paragraph 1(5) of that Schedule.
(3) The Minister may
authorise a specified class of police officer for the purpose of this section.
(4) The Minister may, with
the consent of the Agent of the Impôts, authorise a specified class of officer
of the Impôts for the purpose of this section.
(5) The Minister may
authorise a person other than a police officer or officer of the Impôts for the
purpose of this section only if –
(a) the person applies to
be authorised, and
(b) the Minister thinks
that the person is –
(i) fit and proper for the
purpose, and
(ii) suitably trained.
(6) The Minister –
(a) may make arrangements
for the exercise by authorised police officers of the powers under subsection
(1),
(b) may make arrangements
with the Agent of the Impôts for the exercise by authorised officers of the
Impôts of the powers under subsection (1), and
(c) may make arrangements
with one or more persons for the exercise by authorised persons other than
police officers and officers of the Impôts of the power under subsection (1).
(7) Where in the course of
a search under this section an authorised person discovers an individual whom
he thinks an immigration officer might wish to examine under paragraph 2 of
that Schedule, the authorised person may –
(a) search the individual
for the purpose of discovering whether he has with him anything of a kind that
might be used –
(i) by him to cause
physical harm to himself or another,
(ii) by him to assist his
escape from detention, or
(iii) to establish
information about his identity, nationality or citizenship or about his
journey;
(b) retain, and as soon as
is reasonably practicable deliver to an immigration officer, anything of a kind
described in paragraph (a) found on a search under that paragraph;
(c) detain the individual,
for a period which is as short as is reasonably necessary and which does not
exceed three hours, pending the arrival of an immigration officer to whom the
individual is to be delivered;
(d) take the individual, as
speedily as is reasonably practicable, to a place for the purpose of delivering
him to an immigration officer there;
(e) use reasonable force
for the purpose of doing anything under paragraphs (a) to (d).
(8) Despite the generality
of subsection (7) –
(a) an individual searched
under that subsection may not be required to remove clothing other than an
outer coat, a jacket or a glove (but he may be required to open his mouth), and
(b) an item may not be
retained under subsection (7)(b) if it is subject to legal privilege within the
meaning the Police Procedures and
Criminal Evidence (Jersey) Law 2003.
Section 40: supplemental.
41.–(1) Arrangements
under section 40(6)(c) must include provision for the appointment of a States’
employee (within the meaning of the Employment of States of
Jersey Employees (Jersey) Law 2005) to –
(a) monitor the exercise of
powers under that section by authorised persons (other than police officers or
officers of the Impôts),
(b) inspect from time to
time the way in which the powers are being exercised by authorised persons
(other than police officers or officers of the Impôts), and
(c) investigate and report
to the Minister about any allegation made against an authorised person (other
than a police officer or officer of the Impôts) in respect of anything done or
not done in the purported exercise of a power under that section.
(2) The authorisation for
the purpose of section 40 of a police officer or officer of the Impôts or of a
class of police officer or officer of the Impôts –
(a) may be revoked, and
(b) shall have effect,
unless revoked, for such period as shall be specified (whether by reference to
dates or otherwise) in the authorisation.
(3) The authorisation of a
person other than a police officer or officer of the Impôts for the purpose of
section 40 –
(a) may be subject to
conditions,
(b) may be suspended or
revoked by the Minister by notice in writing to the authorised person, and
(c) shall have effect,
unless suspended or revoked, for such period as shall be specified (whether by
reference to dates or otherwise) in the authorisation.
(4) A class may be
specified for the purposes of section 40(3) or (4) by reference to –
(a) named individuals,
(b) the functions being
exercised by a person,
(c) the location or
circumstances in which a person is exercising functions, or
(d) any other matter.
(5) An individual or
article delivered to an immigration officer under section 40 shall be treated
as if discovered by the immigration officer on a search under Schedule 2 to the
Immigration Act 1971.
(6) A person commits an
offence if he –
(a) absconds from detention
under section 40(7)(c),
(b) absconds while being
taken to a place under section 40(7)(d) or having been taken to a place in
accordance with that paragraph but before being delivered to an immigration
officer,
(c) obstructs an authorised
person in the exercise of a power under section 40, or
(d) assaults an authorised
person who is exercising a power under section 40.
(7) But a person does not
commit an offence under subsection (6) by doing or failing to do anything in
respect of an authorised person who is not readily identifiable –
(a) as a police officer or
officer of the Impôts, or
(b) as an authorised person
(whether by means of a uniform or badge or otherwise).
(8) A person guilty of an
offence under subsection (6) shall be liable on conviction to –
(a) imprisonment for a term
not exceeding twelve months,
(b) a fine not exceeding
level 3 on the standard scale, or
(c) both.
Claimants and applicants
Procedure.
50.–(1) Rules
under section 3 of the Immigration Act 1971 –
(a) may require a specified
procedure to be followed in making or pursuing an application or claim (whether
or not under those rules or any other enactment),
(b) may, in particular,
require the use of a specified form and the submission of specified information
or documents,
(c) may make provision
about the manner in which a fee is to be paid, and
(d) may make provision for
the consequences of failure to comply with a requirement under paragraph (a),
(b) or (c).
(2) n respect of any
application or claim in connection with immigration (whether or not under the
rules referred to in subsection (1) or any other enactment) the Minister –
(a) may require the use of
a specified form,
(b) may require the
submission of specified information or documents, and
(c) may direct the manner
in which a fee is to be paid;
and the rules referred to in subsection (1) may provide for the
consequences of failure to comply with a requirement under paragraph (a), (b)
or (c).
Miscellaneous
Refugee Convention: construction.
54.–(1) In
the construction and application of Article 1(F)(c) of the Refugee Convention
the reference to acts contrary to the purposes and principles of the United
Nations shall be taken as including, in particular –
(a) acts of committing,
preparing or instigating terrorism (whether or not the acts amount to an actual
or inchoate offence), and
(b) acts of encouraging or
inducing others to commit, prepare or instigate terrorism (whether or not the
acts amount to an actual or inchoate offence).
(2) In this section –
“the Refugee Convention” means the Convention relating to the Status
of Refugees done at Geneva on 28th July 1951, and
“terrorism” has the meaning given by Article 2 of the Terrorism (Jersey) Law 2002.
General
Interpretation.
60. In this Act “the Minister” means the
Minister for Home Affairs.
Citation.
64. This Act may be cited as the Immigration,
Asylum and Nationality Act 2006.
SCHEDULE
8
Article 10
UK Borders Act 2007
|
Column 1
Provision
|
Column 2
Modification
|
|
Section 1: cross heading
|
(No modification)
|
|
Section 1: heading
|
(No modification)
|
|
Section 1
|
For “Secretary of State” in
each place substitute “Minister”.
|
|
Section 2: heading
|
(No modification)
|
|
Section 2
|
In subsection (1) –
(a) omit “in England, Wales
or Northern Ireland”;
(b) for paragraph (a) substitute
paragraph (a) set out in Schedule 8A.
In subsection (2) for “constable”
in each place substitute “police officer”.
Omit subsection (6).
|
|
Section 3: heading
|
(No modification)
|
|
Section 3
|
For subsection (2) substitute
subsection (2) set out in Schedule 8A.
Omit subsections (3), (4) and
(5).
|
|
Section 4: heading
|
(No modification)
|
|
Section 2
|
In subsection (1) omit “and
a hoverport”.
|
|
Section 5: cross-heading
|
(No modification)
|
|
Section 5: heading
|
For “regulations” substitute
“Regulations”.
|
|
Section 5
|
In subsection (1) for “Secretary
of State may make regulations” substitute “States may make Regulations”.
In subsections (2) to (10)
–
(a) for “regulations” in each
place substitute “Regulations”;
(b) for “Secretary of State”
in each place substitute “Minister”;
(c) for “the United Kingdom”
in each place substitute “Jersey”.
In subsection (5)(d) for “Secretary
of State’s” substitute “Minister’s”.
In subsection (6) omit “; and
section 16 of the Identity Cards Act 2006 (c. 15) (prohibition of requirement
to produce ID card) is subject to this subsection”.
|
|
Section 6: heading
|
(No modification)
|
|
Section 6
|
For “regulations” in each place
substitute “Regulations”.
In subsection (5) for “Secretary
of State’s” substitute “Minister’s”.
In subsection (6) –
(a) at the end of paragraph
(b) add “and”;
(b) omit paragraphs (d) and
(e).
|
|
Section 7: heading
|
(No modification)
|
|
Section 7 as amended by the
2014 Act s.11
|
For “regulations” in each place
substitute “Regulations”.
In subsection (2)(c) for “the
United Kingdom” substitute “Jersey”.
For “Secretary of State” in
each place substitute “Minister”.
|
|
Section 8: heading (see the
2014 Act s.14(1))
|
(No modification)
|
|
Section 8 as substituted by
the 2014 Act s.14(1)
|
For “regulations” in each place
substitute “Regulations”.
In subsection (1) –
(a) for “Secretary of State
must” substitute “States must”;
(b) for “Secretary of State
of” substitute “Minister of”.
In subsection (2) for “Secretary
of State” substitute “Minister”.
In subsections (3)(b), (5)
and (6) for “Secretary of State” in each place substitute “Minister”.
In subsection (5)(b) for “the
United Kingdom” substitute “Jersey”.
|
|
Section 9: heading
|
(No modification)
|
|
Section 9
|
In subsections (1) and (2)
for “Secretary of State” in each place substitute “Minister”;
In subsections (1), (2)(d)
and (5) for “regulations” substitute “Regulations”.
For subsection (6) substitute
subsection (6) set out in Schedule 8A.
|
|
Section 10: heading
|
(No modification)
|
|
Section 10
|
For “Secretary of State” in
each place substitute “Minister”.
In subsection (1)(a) for “regulations”
substitute “Regulations”.
|
|
Section 11: heading
|
(No modification)
|
|
Section 11
|
In subsection (1) for paragraphs
(a) and (b) substitute “the Petty Debts Court”.
In subsection (2)(a) for “regulations”
substitute “Regulations”.
In subsection (3) –
(a) for “The court of sheriff
may” substitute “the Petty Debts Court may”;
(b) for “court or sheriff”
in both places substitute “Court”.
In subsection (4)(b) for “Secretary
of State’s” substitute “Minister’s”.
In subsection (5) for “court
or sheriff may consider matters of which the Secretary of State” substitute “Petty
Debts Court may consider matters of which the Minister”.
|
|
Section 12: heading
|
(No modification)
|
|
Section 12
|
For “Secretary of State” in
each place substitute “Minister”.
In subsection (5) for “be paid
into the Consolidated Fund” substitute “form part of the annual income of the
States”.
|
|
Section 13: heading
|
(No modification)
|
|
Section 13
|
For “Secretary of State” in
each place substitute “Minister”.
In subsection (3) for “A court
or the sheriff” substitute “The Petty Debts Court”.
In subsection (5) –
(a) at the end of paragraph
(a) add “and”;
(b) at the end of paragraph
(b) omit “and”;
(c) omit paragraph (c).
|
|
Section 14: heading
|
(No modification)
|
|
Section 14
|
In subsection (1) for “Secretary
of State by order” substitute “Minister by Order”.
In subsection (2) –
(a) at the end of paragraph
(a) add “and”;
Omit paragraphs (c) and (d).
Omit subsection (3).
|
|
Section 15: heading
|
(No modification)
|
|
Section 15 as amended by the
2014 Act s.12(2) and (3) and Schedule 9(11) paragraph 75
|
In subsection (1) –
(a) in paragraph (a) for “the
United Kingdom” substitute “Jersey”;
(b) after paragraph (a)
insert paragraph (b) set out in Schedule 8A;
(c) in paragraph (g) –
(i) for
“regulations” substitute “Regulations or an Order”;
(ii) for “Secretary
of State” in both places substitute “Minister”.
In subsection (1A)(b) for “an
order made by the Secretary of State” substitute “Regulations made by the States”.
In subsection (1B) for “An
order” substitute “Regulations”.
In subsection (1C) –
for “an order” substitute “Regulations”;
for “regulations” substitute
“Regulations”.
In subsection (2)(b) for “section
68” substitute “sections 67A and 68”.
|
|
Section 22: cross-heading
|
(No modification)
|
|
Section 22: heading
|
(No modification)
|
|
Section 22
|
In subsection (2) –
(a) in paragraph (a) for “51
Weeks” substitute “12 months”;
(b) in paragraph (b) for “level
5” substitute “level 3”.
Omit subsections (3), (4) and
(5).
|
|
Section 23: heading
|
(No modification)
|
|
Section 23
|
(No modification)
|
|
Section 26: heading
|
(No modification)
|
|
Section 26
|
In subsection (1)(b) for “Secretary
of State” substitute “Minister”.
In subsection (2) –
(a) for “A magistrates’ court
may, on the application of the Secretary of State” substitute “The Magistrate’s
Court may, on the application of the Minister”;
(b) in paragraph (a) for “court”
substitute “Court”.
In subsection (4)(b) for “Secretary
of State) satisfies the court” substitute “Minister) satisfies the Court”.
In subsection (5) –
(a) for “Secretary of State
may make regulations” substitute “Minister may make provision by Order”;
(b) in paragraph (c) for “a
court has declined to make an order under subsection (2) on the grounds that the
court” substitute “the Court has declined to make an order under subsection (2)
on the grounds that the Court”.
For subsection (6) substitute
subsection (6) set out in Schedule 8A.
Omit subsection (8).
|
|
Section 43A (see the 2017 Act
section 159)
|
(No modification)
|
|
Section 43A as inserted by
the 2017 Act s.159
|
For “constable” in each place
substitute “police officer”.
|
|
Section 43B (see the 2017 Act
s.159)
|
(No modification)
|
|
Section 43B as inserted by
the 2017 Act s.159
|
In subsection (3) for paragraphs
(a) and (b) substitute “to either or both of the following –
(a) imprisonment for a term
not exceeding 12 months;
(b) a fine”.
|
|
Section 44: heading
|
(No modification)
|
|
Section 44
|
For “constable” in each place
substitute “police officer”.
In subsection (5) for “the
United Kingdom” in both places substitute “Jersey”.
|
|
Section 45: heading
|
(No modification)
|
|
Section 45 as amended by the
2016 Act Schedule 8 paragraph 7(2)(a) and (b), (3), (4) and (5)
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In subsection (2) –
(a) for “constable, a justice
of the peace” substitute “police officer, the Bailiff”;
(b) for “justice of the peace
may issue a warrant authorising an immigration officer or constable” substitute
“Bailiff may issue a warrant authorising an immigration officer or police officer”.
In subsection (2B) for “justice
of the peace” substitute “Bailiff”.
In subsection (2C) for “justice”
substitute “Bailiff”.
In subsection (3)(d) for “constable”
substitute “police officer”.
Omit subsections (3A) and (5).
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|
Section 46: heading
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(No modification)
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|
Section 46
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For “constable” in each place
substitute “police officer”.
In subsection (2) for paragraphs
(a) and (b) substitute “is subject to legal professional privilege”.
In subsection (3) –
(a) for “the officer” substitute
“the immigration officer”;
(b) in paragraph (a) for “the
United Kingdom” substitute “Jersey”.
For subsection (5) substitute
subsection (5) set out in Schedule 8A.
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Section 46A: heading (see the
2017 Act s.160)
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(No modification)
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Section 46A as inserted by
the 2017 Act s.160
|
In subsections (2) and (3)
for “constable” in place substitute “police officer”.
In subsection (7((b) after
“the United Kingdom” insert “and Islands”.
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|
Section 46B: heading (see the
2017 Act s.160)
|
(No modification)
|
|
Section 46B as inserted by
the 2017 Act s.160
|
In subsection (1) –
(a) for “constable” in place
substitute “police officer”;
(b) in paragraph (a) for “the
United Kingdom” substitute “Jersey”.
For subsection (3) substitute
subsection (3) set out in Schedule 8A.
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|
Section 46C: heading (see the
2017 Act s.160)
|
(No modification)
|
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Section 46C as inserted by
the 2017 Act s.160
|
In subsection (3)(c) for “the
United Kingdom” substitute “Jersey”.
In subsection (4) for paragraphs
(a), (b) and (c) substitute on conviction, to either or both of the following –
(a) imprisonment for a term
not exceeding 12 months;
(b) “a fine”.
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Section 61: heading
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(No modification)
|
|
Section 61
|
Omit subsection (2).
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SCHEDULE
8A
Article 10
Provisions of the UK Borders Act 2007 as
extended to Jersey
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Provision as extended to Jersey
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Detention at ports
Designated immigration officers.
1. –(1)
The Minister may designate immigration officers for the purposes of section 2.
(2) The Minister may
designate only officers who the Minister thinks are –
(a) fit and proper for the
purpose, and
(b) suitably trained.
(3) A designation –
(a) may be permanent or for
a specified period, and
(b) may (in either case) be
revoked.
Detention.
2.–(1) A
designated immigration officer at a port in Jersey may detain an individual if
the immigration officer thinks that the individual –
(a) may be liable to arrest
by a police officer under Article 3(1) of the Honorary Police (Jersey) Law
1974
or Article 16(2) of the States of Jersey Police Force
Law 2012, or
(b) is subject to a warrant
for arrest.
(2) A designated
immigration officer who detains an individual –
(a) must arrange for a
police officer to attend as soon as is reasonably practicable,
(b) may search the
individual for, and retain, anything that might be used to assist escape or to
cause physical injury to the individual or another person,
(c) must retain anything
found on a search which the immigration officer thinks may be evidence of the
commission of an offence, and
(d) must, when the police
officer arrives, deliver to the police officer the individual and anything
retained on a search.
(3) An individual may not
be detained under this section for longer than three hours.
(4) A designated
immigration officer may use reasonable force for the purpose of exercising a
power under this section.
(5) Where an individual
whom a designated immigration officer has detained or attempted to detain under
this section leaves the port, a designated immigration officer may –
(a) pursue the individual,
and
(b) return the individual
to the port.
Enforcement.
3.–(1) An offence is committed by a person who –
(a) absconds from detention
under section 2,
(b) assaults an immigration
officer exercising a power under section 2, or
(c) obstructs an
immigration officer in the exercise of a power under section 2.
(2) A person guilty of an
offence under subsection (1) shall be liable to –
(a) imprisonment for a term
not exceeding 12 months,
(b) a fine not exceeding
level 3 on the standard scale, or
(c) both.
Interpretation: “port”.
4.–(1) In
section 2 “port” includes an airport.
(2) A place shall be
treated for the purposes of that section as a port in relation to an individual
if a designated immigration officer believes that the individual –
(a) has gone there for the
purpose of embarking on a ship or aircraft, or
(b) has arrived there on
disembarking from a ship or aircraft.
Biometric registration
Registration Regulations.
5.–(1) The
States may make Regulations –
(a) requiring a person
subject to immigration control to apply for the issue of a document recording
biometric information (a “biometric immigration document”);
(b) requiring a biometric
immigration document to be used –
(i) for specified
immigration purposes,
(ii) in connection with
specified immigration procedures, or
(iii) in specified
circumstances, where a question arises about a person’s status in relation to
nationality or immigration;
(c) requiring a person who
produces a biometric immigration document by virtue of paragraph (b) to provide
information for comparison with information provided in connection with the
application for the document.
(2) Regulations under
subsection (1)(a) may, in particular –
(a) apply generally or only
to a specified class of persons subject to immigration control (for example,
persons making or seeking to make a specified kind of application for
immigration purposes);
(b) specify the period
within which an application for a biometric immigration document must be made;
(c) make provision about
the issue of biometric immigration documents;
(d) make provision about
the content of biometric immigration documents (which may include non-biometric
information);
(e) make provision permitting
a biometric immigration document to be combined with another document;
(f) make provision for
biometric immigration documents to begin to have effect, and cease to have
effect, in accordance with the Regulations;
(g) require a person who
acquires a biometric immigration document, without the consent of the person to
whom it relates or of the Minister, to surrender it to the Minister as soon as
is reasonably practicable;
(h) permit the Minister to
require the surrender of a biometric immigration document in other specified
circumstances;
(i) permit the Minister on
issuing a biometric immigration document to require the surrender of other
documents connected with immigration or nationality.
(3) Regulations under
subsection (1)(a) may permit the Minister to cancel a biometric immigration
document –
(a) if the Minister thinks
that information provided in connection with the document was or has become
false, misleading or incomplete,
(b) if the Minister thinks
that the document has been lost or stolen,
(c) if the Minister thinks
that the document (including any information recorded in it) has been altered,
damaged or destroyed (whether deliberately or not),
(d) if the Minister thinks
that an attempt has been made (whether successfully or not) to copy the document
or to do anything to enable it to be copied,
(e) if the Minister thinks
that a person has failed to surrender the document in accordance with
subsection (2)(g) or (h),
(f) if the Minister thinks
that the document should be re-issued (whether because the information recorded
in it requires alteration or for any other reason),
(g) if the Minister thinks
that the holder is to be given leave to enter or remain in Jersey,
(h) if the Minister thinks
that the holder’s leave to enter or remain in Jersey is to be varied, cancelled
or invalidated or to lapse,
(i) if the Minister thinks
that the holder has died,
(j) if the Minister thinks
that the holder has been removed from Jersey (whether by deportation or
otherwise),
(k) if the Minister thinks
that the holder has left Jersey without retaining leave to enter or remain, and
(l) in such other
circumstances as the Regulations may specify.
(4) Regulations under
subsection (1)(a) may require notification to be given to the Minister by the
holder of a biometric immigration document –
(a) who knows or suspects
that the document has been lost or stolen,
(b) who knows or suspects
that the document has been altered or damaged (whether deliberately or not),
(c) who knows or suspects
that information provided in connection with the document was or has become
false, misleading or incomplete,
(d) who was given leave to
enter or remain in Jersey in accordance with a provision of rules under section
3 of the Immigration Act 1971 (immigration rules) and knows or suspects that
owing to a change of the holder’s circumstances the holder would no longer
qualify for leave under that provision, or
(e) in such other
circumstances as the Regulations may specify.
(5) Regulations under
subsection (1)(a) may require a person applying for the issue of a biometric
immigration document to provide information (which may include biographical or
other non-biometric information) to be recorded in it or retained by the
Minister; and, in particular, the Regulations may –
(a) require, or permit an
authorised person to require, the provision of information in a specified form;
(b) require an individual
to submit, or permit an authorised person to require an individual to submit,
to a specified process by means of which biometric information is obtained or
recorded;
(c) confer a function
(which may include the exercise of a discretion) on an authorised person;
(d) permit the Minister,
instead of requiring the provision of information, to use or retain information
which is (for whatever reason) already in the Minister’s possession.
(6) Regulations under
subsection (1)(b) may, in particular, require the production or other use of a
biometric immigration document that is combined with another document.
(7) Regulations under
subsection (1)(b) may not make provision the effect of which would be to
require a person to carry a biometric immigration document at all times.
(8) Regulations under
subsection (1)(c) may, in particular, make provision of a kind specified in
subsection (5)(a) or (b).
(9) Rules under section 3
of the Immigration Act 1971 may require a person applying for the issue of a
biometric immigration document to provide non-biometric information to be
recorded in it or retained by the Minister.
(10) Subsections (5) to (9)
are without prejudice to the generality of section 50 of the Immigration,
Asylum and Nationality Act 2006 (procedure).
Regulations: supplemental.
6.–(1) This
section applies to Regulations under section 5(1).
(2) Regulations amending or
replacing earlier Regulations may require a person who holds a biometric
immigration document issued under the earlier Regulations to apply under the
new Regulations.
(3) In so far as
Regulations require an individual under the age of 16 to submit to a process
for the recording of biometric information, or permit an authorised person to
require an individual under the age of 16 to submit to a process of that kind,
the Regulations must make provision similar to section 141(3) to (5) and (13)
of the Immigration and Asylum Act 1999 (fingerprints: children).
(4) Rules under section 3
of the Immigration Act 1971 (immigration rules) may make provision by reference
to compliance or non-compliance with Regulations.
(5) Information in the
Minister’s possession which is used or retained in accordance with Regulations
under section 5(5)(d) shall be treated, for the purpose of requirements about
treatment and destruction, as having been provided in accordance with the
Regulations at the time at which it is used or retained in accordance with
them.
(6) Regulations –
(a) may make provision
having effect generally or only in specified cases or circumstances,
(b) may make different
provision for different cases or circumstances, and
(c) may include incidental,
consequential or transitional provision.
Effect of non-compliance.
7.–(1) Regulations
under section 5(1) must include provision about the effect of failure to comply
with a requirement of the Regulations.
(2) In particular, the
Regulations may –
(a) require or permit an
application for a biometric immigration document to be refused;
(b) require or permit an
application or claim in connection with immigration to be disregarded or
refused;
(c) require or permit the
cancellation or variation of leave to enter or remain in Jersey;
(d) require the Minister to
consider giving a notice under section 9;
(e) provide for the
consequence of a failure to be at the discretion of the Minister.
(2A) If the Regulations
require a biometric immigration document to be used in connection with an
application or claim, they may require or permit the application or claim to be
disregarded or refused if that requirement is not complied with.
(3) The Regulations may
also permit the Minister to designate an adult as the person responsible for
ensuring that a child complies with requirements of the Regulations; and for
that purpose –
(a) “adult” means an
individual who has attained the age of 18,
(b) “child” means an
individual who has not attained the age of 18, and
(c) sections 9 to 13 shall
apply (with any necessary modifications) to a designated adult’s failure to
ensure compliance by a child with a requirement of Regulations as they apply to
a person’s own failure to comply with a requirement.
Use and retention of biometric information.
8.–(1) The
States must by Regulations make provision about the use and retention by the
Minister of biometric information provided in accordance with Regulations under
section 5(1).
(2) The Regulations must
provide that biometric information may be retained only if the Minister thinks
that it is necessary to retain it for use in connection with –
(a) the exercise of a
function by virtue of the Immigration Acts, or
(b) the exercise of a
function in relation to nationality.
(3) The Regulations may
include provision permitting biometric information retained by virtue of
subsection (2) also to be used –
(a) in connection with the
prevention, investigation or prosecution of an offence,
(b) for a purpose which
appears to the Minister to be required in order to protect national security,
(c) in connection with
identifying persons who have died, or are suffering from illness or injury,
(d) for the purpose of
ascertaining whether a person has acted unlawfully, or has obtained or sought
anything to which the person is not legally entitled, and
(e) for such other purposes
(whether in accordance with functions under an enactment or otherwise) as the
Regulations may specify.
(4) The Regulations must
include provision about the destruction of biometric information.
(5) In particular the
Regulations must require the Minister to take all reasonable steps to ensure
that biometric information is destroyed if the Minister –
(a) no longer thinks that
it is necessary to retain the information for use as mentioned in subsection
(2), or
(b) is satisfied that the
person to whom the information relates is a British citizen, or a Commonwealth
citizen who has a right of abode in Jersey as a result of section 2(1)(b) of
the Immigration Act 1971.
(6) The Regulations must
also –
(a) require that any
requirement to destroy biometric information by virtue of the Regulations also
applies to copies of the information, and
(b) require the Minister to
take all reasonable steps to ensure –
(i) that data held in
electronic form which relates to biometric information which has to be
destroyed by virtue of the regulations is destroyed or erased, or
(ii) that access to such
data is blocked.
(7) But a requirement to
destroy biometric information or data is not to apply if and in so far as the
information or data is retained in accordance with and for the purposes of
another power.
(8) The Regulations must
include provision –
(a) entitling a person
whose biometric information has to be destroyed by virtue of the Regulations,
on request, to a certificate issued by the Minister to the effect that the
Minister has taken the steps required by virtue of subsection (6)(b), and
(b) requiring such a
certificate to be issued within the period of 3 months beginning with the date
on which the request for it is received by the Minister.
(9) Section 6(6) applies to
Regulations under this section as it applies to Regulations under section 5(1).
Penalty.
9.–(1) The
Minister may by notice require a person to pay a penalty for failing to comply
with a requirement of Regulations under section 5(1).
(2) The notice must –
(a) specify the amount of
the penalty,
(b) specify a date before
which the penalty must be paid to the Minister,
(c) specify methods by
which the penalty may be paid,
(d) explain the grounds on
which the Minister thinks the person has failed to comply with a requirement of
the Regulations, and
(e) explain the effect of
sections 10 to 12.
(3) The amount specified
under subsection (2)(a) may not exceed £1,000.
(4) The date specified
under subsection (2)(b) must be not less than 14 days after the date on which
the notice is given.
(5) A person who has been
given a notice under subsection (1) for failing to comply with Regulations may
be given further notices in the case of continued failure; but a person may not
be given a new notice –
(a) during the time available
for objection or appeal against an earlier notice, or
(b) while an objection or
appeal against an earlier notice has been instituted and is neither withdrawn
nor determined.
(6) The Minister may by
Order amend subsection (3) to reflect a change in the value of money since 25
November 2008.
Penalty: objection.
10.–(1) A
person (P) who is given a penalty notice under section 9(1) may by notice to
the Minister object on the grounds –
(a) that P has not failed
to comply with a requirement of Regulations under section 5(1),
(b) that it is unreasonable
to require P to pay a penalty, or
(c) that the amount of the
penalty is excessive.
(2) A notice of objection
must –
(a) specify the grounds of
objection and P’s reasons,
(b) comply with any
prescribed requirements as to form and content, and
(c) be given within the
prescribed period.
(3) The Minister shall
consider a notice of objection and –
(a) cancel the penalty
notice,
(b) reduce the penalty by
varying the penalty notice,
(c) increase the penalty by
issuing a new penalty notice, or
(d) confirm the penalty
notice.
(4) The Minister shall act
under subsection (3) and notify P –
(a) in accordance with any
prescribed requirements, and
(b) within the prescribed
period or such longer period as the Minister and P may agree.
Penalty: appeal.
11.–(1) A
person (P) who is given a penalty notice under section 9(1) may appeal to the
Petty Debts Court.
(2) An appeal may be
brought on the grounds –
(a) that P has not failed
to comply with a requirement of Regulations under section 5(1),
(b) that it is unreasonable
to require P to pay a penalty, or
(c) that the amount of the
penalty is excessive.
(3) The Petty Debts Court
may –
(a) cancel the penalty
notice,
(b) reduce the penalty by
varying the penalty notice,
(c) increase the penalty by
varying the penalty notice (whether because the Court thinks the original
amount insufficient or because the Court thinks that the appeal should not have
been brought), or
(d) confirm the penalty
notice.
(4) An appeal may be
brought –
(a) whether or not P has
given a notice of objection, and
(b) irrespective of the
Minister’s decision on any notice of objection.
(5) The Petty Debts Court
may consider matters of which the Minister was not and could not have been
aware before giving the penalty notice.
(6) Rules of court may make
provision about the timing of an appeal under this section.
Penalty: enforcement.
12.–(1) Where
a penalty has not been paid before the date specified in the penalty notice in
accordance with section 9(2)(b), it may be recovered as a debt due to the
Minister.
(2) Where a notice of
objection is given in respect of a penalty notice, the Minister may not take
steps to enforce the penalty notice before –
(a) deciding what to do in
response to the notice of objection, and
(b) informing the objector.
(3) The Minister may not
take steps to enforce a penalty notice while an appeal under section 11 –
(a) could be brought
(disregarding any possibility of an appeal out of time with permission), or
(b) has been brought and
has not been determined or abandoned.
(4) In proceedings for the
recovery of a penalty no question may be raised as to the matters specified in
sections 10 and 11 as grounds for objection or appeal.
(5) Money received by the
Minister in respect of a penalty shall form part of the annual income of the
States.
Penalty: code of practice.
13.–(1) The
Minister shall issue a code of practice setting out the matters to be
considered in determining –
(a) whether to give a
penalty notice under section 9(1), and
(b) the amount of a
penalty.
(2) The code may, in
particular, require the Minister to consider any decision taken by virtue of
section 7.
(3) The Petty Debts Court
shall, when considering an appeal under section 11, have regard to the code.
(4) The Minister may revise
and re-issue the code.
(5) Before issuing or
re-issuing the code the Minister must –
(a) publish proposals, and
(b) consult members of the
public.
(6) The code (or re-issued
code) shall come into force at the prescribed time.
Penalty: prescribed matters.
14.–(1) In
sections 10 to 13 “prescribed” means prescribed by the Minister by Order.
(2) An Order under
subsection (1) or under section 9(6) –
(a) may make provision
generally or only for specified purposes, and
(b) may make different
provision for different purposes.
Interpretation.
15.–(1) For
the purposes of section 5 –
(a) “person subject to
immigration control” means a person who under the Immigration Act 1971 requires
leave to enter or remain in Jersey (whether or not such leave has been given),
(b) “the Minister” means
the Minister for Home Affairs,
(d) “document” includes a
card or sticker and any other method of recording information (whether in
writing or by the use of electronic or other technology or by a combination of
methods),
(e) “authorised person” has
the meaning given by section 141(5) of the Immigration and Asylum Act 1999
(authority to take fingerprints),
(f) “immigration” includes
asylum, and
(g) Regulations or an Order
permitting something to be done by the Minister may (but need not) permit it to
be done only where the Minister is of a specified opinion.
(1A) For the purposes of
section 5 “biometric information” means –
(a) information about a
person’s external physical characteristics (including in particular
fingerprints and features of the iris), and
(b) any other information
about a person’s physical characteristics specified in an Regulations made by
the States.
(1B) Regulations under
subsection (1A)(b) –
(a) may specify only
information that can be obtained or recorded by an external examination of a
person;
(b) must not specify
information about a person’s DNA.
(1C) Section 6(6) applies to
Regulations under subsection (1A)(b) as it applies to Regulations under section
5(1).
(2) An application for a
biometric immigration document is an application in connection with immigration
for the purposes of –
(a) section 50(1) and (2)
of the Immigration, Asylum and Nationality Act 2006 (procedure), and
(b) sections 67A and 68 of
the Immigration Act 2014 (fees);
and in the application of either of those sections to an application
for a biometric immigration document, the prescribed consequences of
noncompliance may include any of the consequences specified in section 7(2)
above.
Enforcement
Assaulting an immigration officer: offence.
22.–(1) A
person who assaults an immigration officer commits an offence.
(2) A person guilty of an
offence under this section shall be liable to –
(a) imprisonment for a
period not exceeding 12 months,
(b) a fine not exceeding
level 3 on the standard scale, or
(c) both.
Assaulting an immigration officer: powers of arrest, &c.
23.–(1) An
immigration officer may arrest a person without warrant if the officer
reasonably suspects that the person has committed or is about to commit an
offence under section 22.
(2) An offence under
section 22 shall be treated as –
(a) a relevant offence for
the purposes of sections 28B and 28D of the Immigration Act 1971 (search, entry
and arrest), and
(b) an offence under Part 3
of that Act (criminal proceedings) for the purposes of sections 28(4), 28E, 28G
and 28H (search after arrest, &c.) of that Act.
(3) The following
provisions of the Immigration Act 1971 shall have effect in connection with an
offence under section 22 of this Act as they have effect in connection with an
offence under that Act –
(a) section 28I (seized
material: access and copying),
(b) section 28J (search
warrants: safeguards),
(c) section 28K (execution
of warrants), and
(d) section 28L(1)
(interpretation).
Disposal of property.
26.–(1) In
this section “property” means property which –
(a) has come into the
possession of an immigration officer, or
(b) has come into the
possession of the Minister in the course of, or in connection with, a function
under the Immigration Acts.
(2) The Magistrate’s Court
may, on the application of the Minister or a claimant of property –
(a) order the delivery of
property to the person appearing to the Court to be its owner, or
(b) if its owner cannot be
ascertained, make any other order about property.
(3) An order shall not
affect the right of any person to take legal proceedings for the recovery of
the property, provided that the proceedings are instituted within the period of
six months beginning with the date of the order.
(4) An order may be made in
respect of property forfeited under section 25, or under section 25C of the
Immigration Act 1971 (vehicles, &c.), only if –
(a) the application under
subsection (2) above is made within the period of six months beginning with the
date of the forfeiture order, and
(b) the applicant (if not
the Minister) satisfies the Court –
(i) that the applicant did
not consent to the offender’s possession of the property, or
(ii) that the applicant
did not know and had no reason to suspect that the property was likely to be
used, or was intended to be used, in connection with an offence.
(5) The Minister may make
provision by Order for the disposal of property –
(a) where the owner has not
been ascertained,
(b) where an order under
subsection (2) cannot be made because of subsection (4)(a), or
(c) where the Court has
declined to make an order under subsection (2) on the grounds that the Court is
not satisfied of the matters specified in subsection (4)(b).
(6) An Order under
subsection (5) may make provision that is the same as or similar to provision
that may be made by Order under Article 28 of the States of Jersey Police Force
Law 2012; and the Order –
(a) may apply, with or
without modifications, an Order under that Law,
(b) may, in particular,
provide for property to vest in the Minister,
(c) may make provision
about the timing of disposal (which, in particular, may differ from provision
made by or under the States of Jersey Police Force
Law 2012), and
(d) shall have effect only
in so far as not inconsistent with an order of a court (whether or not under
subsection (2) above).
(7) For the purposes of
subsection (1) it is immaterial whether property is acquired as a result of
forfeiture or seizure or in any other way.
Requirement to state nationality.
43A.–(1) An individual
who is arrested for an offence must state his or her nationality if required to
do so by an immigration officer or a police officer in accordance with this
section.
(2) A requirement may be
imposed on an individual under subsection (1) only if the immigration officer
or a police officer suspects that the individual may not be a British citizen.
(3) When imposing a
requirement under subsection (1) the immigration officer or police officer must
inform the individual that an offence may be committed if the individual fails
to comply with a requirement imposed under this section.
(4) The immigration officer
or police officer must make a written record of the imposition of a requirement
under subsection (1) as soon as practicable.
(5) The written record is
to be made in the presence of the individual where this is practicable.
Offence of not giving nationality.
43B.–(1) A
person commits an offence if, without reasonable excuse, the person fails to
comply with a requirement imposed in accordance with section 43A, whether by
providing false or incomplete information or by providing no information.
(2) Information provided by
a person in response to a requirement imposed in accordance with section 43A is
not admissible in evidence in criminal proceedings against that person other
than proceedings for an offence under this section.
(3) A person who is guilty
of an offence under subsection (1) is liable to either or both of the following –
(a) imprisonment for a term
not exceeding 12 months;
(b) a fine.
Search for evidence of nationality.
44.–(1) This
section applies where an individual has been arrested on suspicion of the
commission of an offence and an immigration officer or a police officer
suspects –
(a) that the individual may
not be a British citizen, and
(b) that nationality
documents relating to the individual may be found on –
(i) premises occupied or
controlled by the individual,
(ii) premises on which the
individual was arrested, or
(iii) premises on which the
individual was, immediately before being arrested.
(2) The immigration officer
or police officer may enter and search the premises for the purpose of finding
those documents.
(3) The power of search may
be exercised only with the written authority of a senior officer; and for that
purpose –
(a) “senior officer” means –
(i) in relation to an
immigration officer, an immigration officer of at least the rank of chief
immigration officer, and
(ii) in relation to a
police officer, a police officer of at least the rank of inspector, and
(b) a senior officer who
gives authority must arrange for a written record to be made of –
(i) the grounds for the
suspicions in reliance on which the power of search is to be exercised, and
(ii) the nature of the
documents sought.
(4) The power of search may
not be exercised where the individual has been released without being charged
with an offence.
(5) In relation to an
individual “nationality document” means a document showing –
(a) the individual’s
identity, nationality or citizenship,
(b) the place from which
the individual travelled to Jersey, or
(c) a place to which the
individual is proposing to go from Jersey.
Search for evidence of nationality: other premises.
45.–(1) This
section applies where an individual –
(a) has been arrested on
suspicion of the commission of an offence, and
(b) has not been released
without being charged with an offence.
(2) If, on an application
made by an immigration officer or a police officer, the Bailiff is satisfied
that there are reasonable grounds for believing that –
(a) the individual may not
be a British citizen,
(b) nationality documents
relating to the individual may be found on premises mentioned in subsection
(2A) ,
(c) the documents would not
be exempt from seizure under section 46(2), and
(d) any of the conditions
in subsection (3) below applies, in relation to each set of premises specified
in the application,
the Bailiff may issue a warrant authorising an immigration officer
or police officer to enter and search the premises.
(2A) The premises referred to
in subsection (2)(b) above are –
(a) one or more sets of
premises specified in the application, or
(b) subject to subsection
(3A), any premises occupied or controlled by a person specified in the
application, including such sets of premises as are so specified (in which case
the application is for an “all premises warrant”).
(2B) If the application is
for an all premises warrant, the Bailiff must also be satisfied –
(a) that there are
reasonable grounds for believing that it is necessary to search premises
occupied or controlled by the person in question which are not specified in the
application in order to find the nationality documents, and
(b) that it is not
reasonably practicable to specify in the application all the premises which the
person occupies or controls and which might need to be searched.
(2C) Subject to subsection
(3A), the warrant may authorise entry to and search of premises on more than
one occasion if, on the application, the justice of the peace is satisfied that
it is necessary to authorise multiple entries in order to achieve the purpose
for which the Bailiff issues the warrant.
(2D) If it authorises
multiple entries, the number of entries authorised may be unlimited, or limited
to a maximum.
(3) The conditions
mentioned in subsection (2)(d) are that –
(a) it is not practicable
to communicate with any person entitled to grant entry to the premises;
(b) it is practicable to
communicate with a person entitled to grant entry to the premises but it is not
practicable to communicate with any person entitled to grant access to the
nationality documents;
(c) entry to the premises
will not be granted unless a warrant is produced;
(d) the purpose of a search
may be frustrated or seriously prejudiced unless an immigration officer or
police officer arriving at the premises can secure immediate entry.
(4) Sections 28J and 28K of
the Immigration Act 1971 (warrants: application and execution) apply, with any
necessary modifications, to warrants under this section.
Seizure of nationality documents.
46.–(1) An immigration
officer or police officer searching premises under section 44 or 45 may seize a
document which the officer or police officer thinks is a nationality document
in relation to the arrested individual.
(2) Subsection (1) does not
apply to a document which is subject to legal professional privilege.
(3) An immigration officer
or police officer may retain a document seized under subsection (1) while the
officer or police officer suspects that –
(a) the individual to whom
the document relates may be liable to removal from Jersey in accordance with a
provision of the Immigration Acts, and
(b) retention of the
document may facilitate the individual’s removal.
(4) Section 28I of the
Immigration Act 1971 (seized material: access and copying) shall have effect in
relation to a document seized and retained by an immigration officer.
(5) Article 23 of the Police Procedures and
Criminal Evidence (Jersey) Law 2003 (seized material: access and copying) shall have
effect in relation to a document seized and retained by a police officer.
Requirement to produce nationality document.
46A.–(1) This
section applies where –
(a) an individual has been
arrested on suspicion of the commission of an offence, and
(b) the individual is to be
released after arrest (whether or not on bail) –
(i) before a decision is
taken on whether the individual should be charged with an offence, or
(ii) after being charged
with an offence.
(2) Before the individual
is released an immigration officer or a police officer may give the individual
a notice requiring the production of a nationality document not later than 72
hours after the individual is released.
(3) A notice may be given
under subsection (2) only if the immigration officer or police officer giving
it suspects that the individual may not be a British citizen.
(4) A notice under
subsection (2) must be given in writing.
(5) The notice must include
statements that –
(a) the individual to whom
it is given must produce the nationality document not later than 72 hours after
the individual is released, and
(b) an offence may be
committed if an individual fails to comply with a notice given under this
section.
(6) The notice must also
set out –
(a) the person to whom the
document must be produced, and
(b) the means by which the
document must be produced.
(7) In this section, and in
sections 46B and 46C –
“nationality document” means a passport relating to the individual
or, if there is no passport relating to the individual, one or more documents
that enable the individual’s nationality or citizenship to be established;
“passport” means –
(a) a United Kingdom
passport (within the meaning of the Immigration Act 1971),
(b) a passport issued by or
on behalf of the authorities of a country or territory outside the United
Kingdom and Islands, or by or on behalf of an international organisation, or
(c) a document that can be
used (in some or all circumstances) instead of a passport.
Retention of nationality document etc.
46B.–(1) An immigration
officer or police officer may retain a nationality document produced in
response to a notice under section 46A(2) while the immigration officer or
police officer suspects that –
(a) the individual to whom
the document relates may be liable to removal from Jersey in accordance with a
provision of the Immigration Acts, and
(b) retention of the
document may facilitate the individual’s removal.
(2) Section 28I of the
Immigration Act 1971 (seized material: access and copying) has effect in
relation to a nationality document produced by an individual in response to a
notice under section 46A(2) and retained by an immigration officer as if the
nationality document had been seized when the individual had custody or control
of it.
(3) Article 23 of the Police Procedures and Criminal
Evidence (Jersey) Law 2003 (seized material: access and copying) has effect in relation to a
nationality document produced by an individual in response to a notice under
section 46A(2) and retained by a police officer as if the nationality document
had been seized when the individual had custody or control of it.
Offence of failing to produce nationality document.
46C.–(1) A
person commits an offence if, without reasonable excuse, the person fails to
comply with a notice given in accordance with section 46A.
(2) The fact that a person
deliberately destroyed or disposed of a nationality document is not a
reasonable excuse for the purposes of subsection (1) unless the destruction or
disposal was –
(a) for a reasonable cause,
or
(b) beyond the control of the
person charged with the offence.
(3) In subsection (2)(a)
“reasonable cause” does not include the purpose of –
(a) delaying the handling
or resolution of a claim or application or the taking of a decision,
(b) increasing the chances
of success of a claim or application, or
(c) complying with
instructions given by a person who offers advice about, or facilitates,
immigration into Jersey, unless in the circumstances of the case it is
unreasonable to expect non-compliance with the instructions or advice.
(4) A person who is guilty
of an offence under subsection (1) is liable on conviction, to either or both
of the following –
(a) imprisonment for a term
not exceeding 12 months;
(b) a fine.
Citation.
61.–(1) This
Act may be cited as the UK Borders Act 2007.
SCHEDULE
9
Article 11
Borders, Citizenship and Immigration Act
2009
|
Column 1
Provision
|
Column 2
Modification
|
|
Section 54A: cross-heading
|
(No modification)
|
|
Section 54A: heading (see the
2014 Act s.3)
|
(No modification)
|
|
Section 54A as inserted by
the 2014 Act s.3
|
For subsections (1) and (2)
substitute subsections (1) and (2) set out in Schedule 9A.
In subsection (3) for “the
United Kingdom” in each place substitute “Jersey”.
In subsection (4) for “The
Secretary of State may by regulations” substitute “Where Regulations have
been made under subsection (1), the Minister may by Order”.
For subsections (5), (6) and
(7) substitute subsection (5) set out in Schedule 9A.
|
|
Section 55: heading
|
(No modification)
|
|
Section 55
|
For “Secretary of State” in
each place substitute “Minister”.
In subsection (1)(a) for “the
United Kingdom” substitute “Jersey”.
In subsection (2) omit paragraphs
(c) and (d).
Omit subsections (4) and (5).
In subsection (6) –
(a) omit the definition of
“customs function”;
(b) after that insert
“ “the Minister” means
the Minister for Home Affairs.”.
Omit subsections (7) and (8).
|
|
Section 56: cross-heading only
|
(No modification)
|
|
Section 59: heading
|
(No modification)
|
|
Section 59
|
(No modification)
|
SCHEDULE
9A
Article 11
Provisions of the Borders, Citizenship
and Immigration Act 2009 as extended to Jersey
Children
Independent Family Returns Panel.
54A.–(1) The
States may by Regulations establish a panel to be known as the Independent
Family Returns Panel.
(2) Where Regulations have
been made under subsection (1), the Minister must consult the Independent
Family Returns Panel in each family returns case, on how best to safeguard and
promote the welfare of the children of the family.
(3) A family returns case is
a case where –
(a) a child who is living
in Jersey is to be removed from or required to leave Jersey, and
(b) an individual
who –
(i) is a parent of the
child or has care of the child, and
(ii) is living in a
household in Jersey with the child,
is also to be removed from or required to leave Jersey.
(4) Where Regulations have
been made under subsection (1), the Minister may by Order make provision about –
(a) additional functions of
the Independent Family Returns Panel,
(b) its status and
constitution,
(c) the appointment of its
members,
(d) the payment of
remuneration and allowances to its members, and
(e) any other matters in
connection with its establishment and operation.
(5) In this section –
“child” means a person who is under the age of 18;
“the Minister” means the Minister for Home Affairs;
references to a person being removed from or required to leave
Jersey are to the person being removed or required to leave in accordance with
a provision of the Immigration Acts.
Duty regarding the welfare of children.
55.–(1) The Minister
must make arrangements for ensuring that –
(a) the functions mentioned
in subsection (2) are discharged having regard to the need to safeguard and
promote the welfare of children who are in Jersey, and
(b) any services provided
by another person pursuant to arrangements which are made by the Minister and
relate to the discharge of a function mentioned in subsection (2) are provided
having regard to that need.
(2) The functions referred
to in subsection (1) are –
(a) any function of the
Minister in relation to immigration, asylum or nationality;
(b) any function conferred
by or by virtue of the Immigration Acts on an immigration officer.
(3) A person exercising any
of those functions must, in exercising the function, have regard to any
guidance given to the person by the Minister for the purpose of subsection (1).
(6) In this section –
“children” means persons who are under the age of 18;
“the Minister” means the Minister for Home Affairs.
General
Short title.
59. This Act may be cited as the Borders,
Citizenship and Immigration Act 2009.
SCHEDULE
10
Article 12
Immigration Act 2014
|
Column 1
Provision
|
Column 2
Modification
|
|
Cross-heading (after section 67)
|
(No modification)
|
|
Section 67A (new section): heading
|
Insert heading set out in Schedule 10A.
|
|
Section 67A (new section)
|
Insert (above section 68) section 67A set out in Schedule 10A.
|
|
Section 67B (new section): heading
|
Insert heading set out in Schedule 10A.
|
|
Section 67B (new section)
|
Insert section 67B set out in Schedule 10A.
|
|
Section 67C (new section)
|
Insert heading set out in Schedule 10A.
|
|
Section 67C (new section)
|
Insert section 67C set out in Schedule 10A.
|
|
Section 68: heading
|
After “Fees” add “(Secretary of State)”
|
|
Section 68
|
In subsection (1) after “nationality” add “, other than functions
for which a fee may be charged by virtue of an Order made by the Minister under
section 67A or by virtue of section 67C”.
In subsection (12) –
(a) in the definition of “function in connection with immigration or
nationality” for “the United Kingdom” substitute “Jersey”;
(b) after that definition insert the definition of “the Minister” set
out in Schedule 10A.
|
|
Section 69: heading
|
(No modification)
|
|
Section 69
|
In subsection (2) for “the United Kingdom” substitute “Jersey”.
After subsection (4) insert subsection (4A) set out in Schedule
10A.
|
|
Section 70: heading
|
(No modification)
|
|
|
In subsection (1)(a) for “the United Kingdom” substitute “Jersey”.
After subsection (6) insert subsection (6A) set out in Schedule
10A.
|
|
Section 71: cross-heading
|
(No modification)
|
|
Section 71: heading
|
(No modification)
|
|
Section 71
|
For “Secretary of State” substitute “Minister”.
|
|
Section 77: heading
|
(No modification)
|
|
Section 77
|
(No modification)
|
SCHEDULE
10A
Article 12
Provisions of the Immigration Act 2014 as
extended to Jersey
|
Provision as extended to Jersey
|
Fees
Fees (the Minister).
67A.–(1) The
Minister may by Order provide for fees to be charged in respect of the exercise
of any function in connection with immigration or nationality exercised
by –
(a) the
Lieutenant-Governor;
(b) a
Minister (within the meaning of Article 1(1) of the States
of Jersey Law 2005),
(c) an
immigration officer or any other States’ employee within the meaning of the Employment
of States of Jersey Employees (Jersey) Law 2005,
other than a function exercised by the
Lieutenant-Governor under arrangements made with the Secretary of State under
section 43 of the British Nationality Act 1981.
(2) An
Order under subsection (1) may not provide for a fee to be charged in respect
of the exercise of a function otherwise than in connection with an application
or claim, or on request.
(3) An
Order under subsection (1) may set fees –
(a) of
a fixed amount; or
(b) of
an amount calculated by reference to an hourly rate or other factor.
(4) In
respect of any fee set by an Order under subsection (1), the Order may –
(a) provide
for exceptions;
(b) provide
for the reduction, waiver or refund of part or all of a fee (whether by
conferring a discretion or otherwise);
(c) make
provision about –
(i) the
consequences of failure to pay a fee;
(ii) enforcement;
(iii) when
a fee may or must be paid.
(5) This
section is without prejudice to any other power to charge a fee.
(6) In
this section and sections 67B and 67C –
“function” includes a power or a duty;
“function in connection with immigration or
nationality” includes a function in connection with an enactment that relates
wholly or partly to immigration or nationality;
“the Minister” means the Minister for Home
Affairs.
(7) Any
reference in this section and in section 67C to the exercise of a function
includes a reference to its exercise in particular circumstances, including its
exercise –
(a) at
particular times or in a particular place;
(b) under
particular arrangements;
(c) otherwise
in particular ways,
and, for this purpose, “arrangements”
includes arrangements for the convenience of applicants, claimants or persons
making requests for the exercise of a function.
Fees orders (the Minister): supplemental.
67B.–(1) A
fee under section 67A may relate to something done outside Jersey.
(2) Fees
payable by virtue of section 67A may be recovered as a debt due to the
Minister.
(3) Fees
charged under an Order made under section 67A shall form part of the annual
income of the States.
Power to charge fees for attendance services in particular cases.
67C.–(1) This section applies where a person exercises a
function in connection with immigration or nationality in respect of which a
fee is chargeable by virtue of an Order made under section 67A (a “chargeable
function”) in a particular case and –
(a) in
doing so attends at a place outside Jersey, and time, agreed with a person
(“the client”); and
(b) does
so at the request of the client.
It is immaterial whether or not the client
is a person in respect of whom the chargeable function is exercised.
(2) In
this section “attendance service” means the service described in subsection (1)
except so far as it consists of the exercise of a chargeable function.
(3) The
following are to be disregarded in determining whether a fee is chargeable in
respect of a function by virtue of an Order made under section 67A –
(a) any
exception provided for by the Order;
(b) any
power so provided to waive or refund a fee.
(4) The
person exercising the chargeable function may charge the client such fee for
the purposes of recovering the costs of providing the attendance service as the
person may determine.
(5) Fees
payable by virtue of subsection (4) may be recovered as a debt due to the
States.
(6) Fees
charged under subsection (4) shall form part of the annual income of the
States.
(7) This
section is without prejudice to section 67A or any other power to charge a fee.
Fees (the Secretary of State).
68.–(1) The
Secretary of State may provide, in accordance with this section, for fees to be
charged in respect of the exercise of functions in connection with immigration
or nationality, other than functions for which a fee may be charged by virtue
of an Order made by the Minister under section 67A or by virtue of section 67C.
(2) The
functions in respect of which fees are to be charged are to be specified by the
Secretary of State by order (“a fees order”).
(3) A
fees order –
(a) must
specify how the fee in respect of the exercise of each specified function is to
be calculated, and
(b) may
not provide for a fee to be charged in respect of the exercise of a function otherwise
than in connection with an application or claim, or on request.
(4) For
any specified fee, a fees order must provide for it to comprise one or more
amounts each of which is –
(a) a
fixed amount, or
(b) an
amount calculated by reference to an hourly rate or other factor.
(5) Where
a fees order provides for a fee (or part of a fee) to be a fixed amount, it –
(a) must
specify a maximum amount for the fee (or part), and
(b) may
specify a minimum amount.
(6) Where
a fees order provides for a fee (or part of a fee) to be calculated as
mentioned in subsection (4)(b), it –
(a) must
specify –
(i) how
the fee (or part) is to be calculated, and
(ii) a
maximum rate or other factor, and
(b) may
specify a minimum rate or other factor.
(7) For
any specified fee, the following are to be set by the Secretary of State by
regulations (“fees regulations”) –
(a) if
the fee (or any part of it) is to be a fixed amount, that amount;
(b) if
the fee (or any part of it) is to be calculated as mentioned in subsection
(4)(b), the hourly rate or other factor by reference to which it (or that part)
is to be calculated.
(8) An
amount, or rate or other factor, set by fees regulations for a fee in respect
of the exercise of a specified function –
(a) must
not –
(i) exceed
the maximum specified for that amount, or rate or other factor;
(ii) be
less than the minimum, if any, so specified;
(b) subject
to that, may be intended to exceed, or result in a fee which exceeds, the costs
of exercising the function.
(9) In
setting the amount of any fee, or rate or other factor, in fees regulations,
the Secretary of State may have regard only to –
(a) the
costs of exercising the function;
(b) benefits
that the Secretary of State thinks are likely to accrue to any person in
connection with the exercise of the function;
(c) the
costs of exercising any other function in connection with immigration or
nationality;
(d) the
promotion of economic growth;
(e) fees
charged by or on behalf of governments of other countries in respect of
comparable functions;
(f) any
international agreement.
This is subject to section 69(5).
(10) In
respect of any fee provided for under this section, fees regulations may –
(a) provide
for exceptions;
(b) provide
for the reduction, waiver or refund of part or all of a fee (whether by
conferring a discretion or otherwise);
(c) make
provision about –
(i) the
consequences of failure to pay a fee;
(ii) enforcement;
(iii) when
a fee may or must be paid.
(11) Any
provision that may be made by fees regulations by virtue of subsection (10) may
be included instead in a fees order (and any provision so included may be
amended or revoked by fees regulations).
(12) In
this section and sections 69 and 70 –
“costs” includes –
(a) the
costs of the Secretary of State, and
(b) the
costs of any other person (whether or not funded from public money);
“fees order” has the meaning given by
subsection (2);
“fees regulations” has the meaning given by
subsection (7);
“function” includes a power or a duty;
“function in connection with immigration or nationality” includes a
function in connection with an enactment (including an enactment of a
jurisdiction outside Jersey) that relates wholly or partly to immigration or
nationality;
“the Minister” means the Minister for Home
Affairs;
“specified” means specified in a fees
order.
(13) Any
reference in this section or section 70 to the exercise of a function includes
a reference to its exercise in particular circumstances, including its exercise –
(a) at
particular times or in a particular place;
(b) under
particular arrangements;
(c) otherwise
in particular ways, and, for this purpose, “arrangements” includes arrangements
for the convenience of applicants, claimants or persons making requests for the
exercise of a function.
Fees orders and fees regulations: supplemental.
69.–(1) A
fees order or fees regulations may be made only with the consent of the
Treasury.
(2) A
fee under section 68 may relate to something done outside Jersey.
(3) Fees
payable by virtue of section 68 may be recovered as a debt due to the Secretary
of State.
(4) Fees
paid to the Secretary of State by virtue of section 68 must –
(a) be
paid into the Consolidated Fund, or
(b) be
applied in such other way as the relevant order may specify.
(4A) Notwithstanding
subsections (3) and (4), in relation to a function exercised by or on behalf of
the Lieutenant-Governor under arrangements made with the Secretary of State
under section 43 of the British Nationality Act 1981 –
(a) fees
payable by virtue of section 68 may be recovered as a debt due to the Minister;
and
(b) fees
paid by virtue of section 68 shall form part of the annual income of the
States.
(5) Section
68 is without prejudice to –
(a) section
1 of the Consular Fees Act 1980 (fees for consular acts etc);
(b) section
102 of the Finance (No. 2) Act 1987 (government fees and charges), or
(c) any
other power to charge a fee.
Power to charge fees for attendance services in particular cases.
70.–(1) This
section applies where a person exercises a function in connection with
immigration or nationality in respect of which a fee is chargeable by virtue of
a fees order (a “chargeable function”) in a particular case and –
(a) in
doing so attends at a place outside Jersey, and time, agreed with a person
(“the client”), and
(b) does
so at the request of the client.
It is immaterial whether or not the client
is a person in respect of whom the chargeable function is exercised.
(2) In
this section “attendance service” means the service described in subsection (1)
except so far as it consists of the exercise of a chargeable function.
(3) The
following are to be disregarded in determining whether a fee is chargeable in
respect of a function by virtue of a fees order –
(a) any
exception provided for by a fees order or fees regulations;
(b) any
power so provided to waive or refund a fee.
(4) The
person exercising the chargeable function may charge the client such fee for
the purposes of recovering the costs of providing the attendance service as the
person may determine.
(5) Fees
paid to the Secretary of State by virtue of this section must be paid into the
Consolidated Fund.
(6) A
fee payable by virtue of this section may be recovered as a debt due to the
Secretary of State.
(6A) Notwithstanding
subsections (5) and (6), in relation to a function exercised by or on behalf of
the Lieutenant-Governor under arrangements made with the Secretary of State
under section 43 of the British Nationality Act 1981 –
(a) fees
paid by virtue of this section shall form part of the annual income of the
States; and
(b) a
fee payable by virtue of this section may be recovered as a debt due to the
Minister.
(7) This
section is without prejudice to –
(a) section
68;
(b) section
1 of the Consular Fees Act 1980 (fees for consular acts etc);
(c) section
102 of the Finance (No. 2) Act 1987 (government fees and charges), or
(d) any
other power to charge a fee.
Welfare of children
Duty regarding the welfare of children.
71. For the avoidance of doubt, this Act does
not limit any duty imposed on the Minister or any other person by section 55 of
the Borders, Citizenship and Immigration Act 2009 (duty regarding the welfare
of children).
Short title.
77. This Act may be cited as the Immigration
Act 2014.
SCHEDULE
11
Article 13
Counter-Terrorism and Security Act 2015
|
Column 1
Provision
|
Column 2
Modification
|
|
Part 1: heading
|
(No modification)
|
|
Chapter 1: heading
|
(No modification)
|
|
Section 1: heading
|
(No modification)
|
|
Section 1
|
For section 1 substitute section 1 set out in Schedule 11A.
|
|
Chapter 2: heading
|
For “THE UNITED KINGDOM” substitute “JERSEY”.
|
|
Section 2: cross-heading
|
(No modification)
|
|
Section 2: heading
|
(No modification)
|
|
Section 2
|
For “the United Kingdom” in each place (except subsections (3) and
(5)) substitute
“Jersey”.
For “United Kingdom” in subsections (3) and (5) substitute “British
Islands”.
For “Secretary of State” in each place substitute “Minister”.
In subsection (7)(a) for “court” substitute “Royal Court”.
|
|
Section 3: heading
|
For “court” substitute “Royal Court”.
|
|
Section 3
|
For “Secretary of State” in each place substitute “Minister”.
For “court” in each place (except in subsection (4)) substitute
“Royal Court”.
|
|
Section 4: heading
|
(No modification)
|
|
Section 4
|
For “Secretary of State” in each place substitute “Minister”
In subsection (7) for “the United Kingdom” in both places substitute
“Jersey”.
In subsection (10) for “United Kingdom” substitute “British Islands”.
|
|
Section 5: cross-heading
|
(No modification)
|
|
Section 5: heading
|
(No modification)
|
|
Section 5
|
For “the United Kingdom” in each place substitute “Jersey”.
For “Secretary of State” in each place substitute “Minister”.
|
|
Section 6: heading
|
(No modification)
|
|
Section 6
|
For “Secretary of State” in each place substitute “Minister”.
In subsection (2)(a) for “constable” substitute “police officer”.
In subsection (5) for “the United Kingdom” in both places substitute
“Jersey”.
|
|
Section 7: heading
|
(No modification)
|
|
Section 7
|
For “Secretary of State” in each place substitute “Minister”.
In subsection (1) for “the United Kingdom” substitute “Jersey”.
|
|
Section 8: heading
|
(No modification)
|
|
Section 8
|
For “Secretary of State” in each place substitute “Minister”.
In subsections (2)(b) and (4) for “the United Kingdom” substitute
“Jersey”.
|
|
Section 9: cross-heading
|
For “the United Kingdom” substitute “Jersey”.
|
|
Section 9: heading
|
For “the United Kingdom” substitute “Jersey”.
|
|
Section 9
|
In subsections (1) and (4) for “Secretary of State” substitute “Minister”.
In subsections (1) and (6) for “the United Kingdom” in each place substitute
“Jersey”.
In subsection (2) for paragraph (a) substitute paragraph (a) set
out in Schedule 11A.
After subsection (2) insert subsection (2A) set out in Schedule
11A.
|
|
Section 10: cross-heading
|
(No modification)
|
|
Section 10: heading
|
(No modification)
|
|
Section 10
|
In subsection (1) for “the United Kingdom” substitute “Jersey”.
In subsection (4) for “regulations” substitute “an Order”.
For subsection (5) substitute subsection (5) set out
in Schedule 11A.
Omit subsection (6).
Omit subsection (8).
|
|
Section 11: heading
|
(No modification)
|
|
Section 11
|
In subsection (1) for “the United Kingdom” substitute “Jersey”.
For “court” in each place substitute “Royal Court”.
For “Secretary of State” in each place substitute “Minister”.
For subsection (9) substitute subsection (9) set out
in Schedule 11A.
|
|
Section 12: heading
|
(No modification)
|
|
Section 12
|
(No modification)
|
|
Section 13: cross-heading
|
(No modification)
|
|
Section 13: heading
|
For “Regulations” substitute “Orders”.
|
|
Section 13
|
In subsection (1) for “Secretary of State may by regulations”
substitute “Minister may by Order”.
In subsection (2) for “regulations” substitute “Order”.
In subsection (3) for “Secretary of State may make regulations”
substitute “Minister may make Orders”.
Omit subsections (4) and (5).
|
|
|
|
|
Section 14: heading
|
(No modification)
|
|
Section 14
|
In subsection (2) –
(a) in the definition of “act of terrorism” for “Terrorism Act 2000
(see section 1(5) of that Act)” substitute “Terrorism (Jersey) Law 2002 (see Article 1 of that
Law)”;
(b) omit the definition of “court”;
(c) after that definition insert the definition of “Minister”
set out in Schedule 11A;
(d) in the definition of “terrorism” for “Terrorism Act 2000 (see section 1(1)
to (4) of that Act)” substitute “Terrorism (Jersey)
Law 2002 (see Article 1 of that Law)”.
In subsection (6) for “the United Kingdom” in each place substitute
“Jersey”.
|
|
|
|
|
Part 4: heading
|
For “AVIATION, SHIPPING AND RAIL” substitute “AVIATION AND SHIPPING”.
|
|
Section 22: heading
|
(No modification)
|
|
Section 22
|
For subsection (1) substitute subsection (1) set out
in Schedule 11A.
In subsection (4) for “The Secretary of State” substitute “An
Order under subsection (1)”.
In subsection (5) for “Secretary of State” in both places substitute
“Minister”.
In subsection (7) for “the United Kingdom” substitute “Jersey”.
Omit subsection (8).
Omit subsections (9) and (10).
|
|
Section 24: heading
|
(No modification)
|
|
Section 24
|
In subsection (1) for “Secretary of State may make regulations”
substitute “Minister may make provision by Order”.
In subsection (2) for “Regulations” substitute “An Order”.
In subsection (3) –
(a) for “Regulations” substitute “An Order”;
(b) for “regulations” substitute “Order”.
In subsection (4) for “regulations” in both places substitute
“Order”.
In subsection (5) –
(a) for “regulations must” substitute “Order must”;
(b) for “regulations made” substitute “an Order made”.
For subsections (6) and (7) substitute subsection (6) set out
in Schedule 11A.
|
|
Section 25: heading
|
For “Aviation, shipping and rail” substitute “Aviation and maritime”.
|
|
Section 25
|
In subsection (1) for “aviation, maritime and rail” substitute
“aviation and maritime”.
In subsection (3) for paragraphs (a), (b) and (c) substitute paragraphs
(a) and (b) set out in Schedule 11A.
|
|
Section 53: heading
|
(No modification)
|
|
Section 53
|
(No modification)
|
|
Schedule 1: heading
|
(No modification)
|
|
Schedule 1, paragraph 1: heading
|
(No modification)
|
|
Schedule 1, paragraph 1
|
After sub-paragraph (1) insert sub-paragraph (1A) set out in Schedule
11A.
In sub-paragraph (3) for all the words after “designated as” substitute
“an officer of the Impôts within the meaning of Article 4 of the Customs and Excise (Jersey)
Law 1999”.
In sub-paragraph (4) for “Secretary of State” substitute “Minister”.
In sub-paragraph (5) for “superintendent” substitute “chief inspector”.
For sub-paragraph (6)(b) substitute paragraph (6)(b)
set out in Schedule 11A.
In sub-paragraph (7) –
(a) in sub-sub-paragraph (b) for “United Kingdom” substitute
“British Islands”.
In sub-paragraph (8) –
(b) omit sub-sub-paragraphs (c), (d) and (e);
(c) in sub-sub-paragraph (f) for “Great Britain or Northern
Ireland” substitute “Jersey”.
Omit sub-paragraph (9).
For sub-paragraphs (11) and (12) substitute sub-paragraphs (11)
and (12) set out in Schedule 11A.
Omit sub-paragraphs (13) and (14).
|
|
Schedule 1, paragraph 2: heading
|
(No modification)
|
|
Schedule 1, paragraph 2
|
In sub-paragraph (1) –
(a) for “Great Britain” wherever it occurs substitute “Jersey”;
(b) for “constable” substitute “police officer”;
(c) in sub-sub-paragraph (a) for “United Kingdom” substitute
“British Islands”.
Omit sub-paragraph (2).
In sub-paragraphs (3) and (4) for “constable” substitute “police officer”.
In sub-paragraph (5) –
(a) for “constable” wherever it occurs substitute “police officer”;
(b) in sub-sub-paragraphs (b) and (d) for “or officer” substitute “or
the qualified officer”.
In sub-paragraph (7) –
(a) for “constable” substitute “police officer”;
(b) in sub-sub-paragraph (c) for “constable’s or officer’s”
substitute “police officer’s or qualified officer’s”.
For sub-paragraph (8) substitute sub-paragraph (8) set
out in Schedule 11A.
In sub-paragraph 9 –
(a) for “constable” in both places substitute “police officer”;
(b) for “The officer or official” substitute “The immigration
officer or customs official”.
|
|
Schedule 1, paragraph 3: heading
|
(No modification)
|
|
Schedule 1, paragraph 3
|
In sub-paragraph (1) for “constable” wherever it occurs substitute
“police officer”.
|
|
Schedule 1, paragraph 4: heading
|
(No modification)
|
|
Schedule 1, paragraph 4
|
For “constable” wherever it occurs substitute “police officer”.
In sub-paragraph (3) –
(a) for sub-sub-paragraph (a) substitute sub-sub-paragraph (a)
set out in Schedule 11A;
(b) in sub-sub-paragraph (b) for “or officer” substitute
“or qualified officer”.
In sub-paragraph (4) for sub-sub-paragraph (a) substitute sub-sub-paragraph (a)
set out in Schedule 11A.
|
|
Schedule 1, paragraph 5: heading
|
(No modification)
|
|
Schedule 1, paragraph 5
|
In sub-paragraph (1) –
(a) in sub-sub-paragraph (a) for “the Secretary of State
considers” substitute “consideration is given to”;
(b) in sub-sub-paragraph (c) for “Secretary of State” substitute
“Minister”.
In sub-paragraphs (4) and (5) for “constable” substitute “police officer”.
In sub-paragraph (5) –
(a) for “Great Britain or (as the case may be) the United Kingdom”
substitute “Jersey”;
(b) for “outside the United Kingdom” substitute “outside the British
Islands”.
|
|
Schedule 1, paragraph 6: heading
|
(No modification)
|
|
Schedule 1, paragraph 6
|
In sub-paragraph (1)(b) for “constable” substitute “police officer”.
In sub-paragraph (2)(a) omit “chief”.
In sub-paragraphs (3)(c) and (4) for “relevant chief constable”
substitute “Chief Officer”.
In sub-paragraph (5) for “Secretary of State” substitute “Minister”.
In sub-paragraph (6) for the definition of “relevant chief constable”
substitute –
“ “Chief Officer” means the Chief Officer of the States of Jersey
Police Force”.
|
|
Schedule 1, paragraph 7: heading
|
(No modification)
|
|
Schedule 1, paragraph 7
|
For paragraph 7 substitute paragraph 7 set out in Schedule
11A.
|
|
Schedule 1, paragraph 8: heading
|
(No modification)
|
|
Schedule 1, paragraph 8
|
(No modification)
|
|
Schedule 1, paragraph 9
|
(No modification)
|
|
Schedule 1, paragraph 10
|
In sub-paragraph (2) –
(a) in sub-sub-paragraph (a) for “section 40(1)(a) of the Terrorism
Act 2000” substitute “Article 36(a) of the Terrorism (Jersey) Law 2002”;
(b) in sub-sub-paragraph (c) for “section 23 or 23A of that Act”
substitute “Article 27 of (and Schedule 3 to) that Law”.
|
|
Schedule 1, paragraph 11
|
(No modification)
|
|
Schedule 1, paragraph 12
|
(No modification)
|
|
Schedule 1, paragraph 13: heading
|
(No modification)
|
|
Schedule 1, paragraph 13
|
(No modification)
|
|
Schedule 1, paragraph 14: heading
|
For “the United Kingdom” substitute “Jersey”.
|
|
Schedule 1, paragraph 14
|
For “the United Kingdom” wherever it occurs substitute “Jersey”.
In sub-paragraph (2) for “Secretary of State” substitute “Minister”.
|
|
Schedule 1, paragraph 15: heading
|
(No modification)
|
|
Schedule 1, paragraph 15
|
For sub-paragraph (3) substitute sub-paragraph (3) set
out in Schedule 11A.
|
|
Schedule 1, paragraph 16
|
For “constable” substitute “police officer”.
|
|
Schedule 1, paragraph 17: heading
|
(No modification)
|
|
Schedule 1, paragraph 17
|
In sub-paragraph (1) for “Secretary of State” substitute “Minister”.
In sub-paragraphs (2) and (5) for “constable” substitute “police officer”.
|
|
Schedule 1, paragraph 18: heading
|
(No modification)
|
|
Schedule 1, paragraph 18
|
In sub-paragraph (1) for “Secretary of State” substitute “Minister”.
In sub-paragraph (2)(c) for “constables” substitute “police officers”.
In sub-paragraphs (3) and (4) for “constable” substitute “police
officer”.
|
|
Schedule 1, paragraph 20
|
In sub-paragraph (1)–
(a) omit “– (1)”;
(b) for “Secretary of State” substitute “Minister”.
Omit sub-paragraph (2).
|
|
|
|
|
Schedule 2: heading
|
(No modification)
|
|
Schedule 2, paragraph 1: heading
|
(No modification)
|
|
Schedule 2, paragraph 1
|
For “Secretary of State” substitute “Minister”.
|
|
Schedule 2, paragraph 2: heading
|
(No modification)
|
|
Schedule 2, paragraph 2
|
For “Secretary of State” substitute “Minister”.
For “court” substitute “Royal Court”.
|
|
Schedule 2, paragraph 3: heading
|
For “court” substitute “Royal Court”.
|
|
Schedule 2, paragraph 3
|
For “court” wherever it occurs in sub-paragraphs (1), (2) and
(4) substitute “Royal Court”.
In sub-paragraph (1) for “Secretary of State” substitute “Minister”.
In sub-paragraph (3) for “court’s” substitute “Royal Court’s”.
|
|
Schedule 2, paragraph 4: heading
|
For “court” substitute “Royal Court”.
|
|
Schedule 2, paragraph 4
|
For “court” wherever it occurs substitute “Royal Court”.
For “Secretary of State” wherever it occurs substitute “Minister”.
|
|
Schedule 2, paragraph 5: heading
|
(No modification)
|
|
Schedule 2, paragraph 5
|
For “court” wherever it occurs substitute “Royal Court”.
In sub-paragraph (2) for “the court’s” substitute “its”.
|
|
Schedule 2, paragraph 6: heading
|
(No modification)
|
|
Schedule 2, paragraph 6
|
In sub-paragraph (1) for “court” substitute “Royal Court”.
|
|
|
|
|
Schedule 3: heading
|
(No modification)
|
|
Schedule 3, paragraph 1: heading
|
(No modification)
|
|
Schedule 3, paragraph 1
|
For the definitions of “appeal proceedings”, “the relevant court” and
“rules of court” substitute the definitions of those expressions set out in Schedule
11A.
|
|
Schedule 3, paragraph 2: heading
|
(No modification)
|
|
Schedule 3, paragraph 2
|
In sub-paragraph (1) for “A person making rules of court relating
to TEO proceedings or appeal proceedings must have regard” substitute “Regard
must be had, in making rules of court relating to TEO proceedings or appeal proceedings,”.
In sub-paragraph (2)(f) for “as a special advocate” substitute
“as special counsel”.
In sub-paragraph (3) –
(a) in sub-sub-paragraph (a) for “Secretary of State” substitute
“Minister”;
(b) in sub-sub-paragraph (b) for “as a special advocate”
substitute “as special counsel”.
|
|
Schedule 3, paragraph 3: heading
|
(No modification)
|
|
Schedule 3, paragraph 3
|
In sub-paragraph (1) for “Secretary of State” and “Secretary of State’s”
wherever they occur substitute “Minister” and “Minister’s” respectively.
|
|
Schedule 3, paragraph 4
|
For “Secretary of State” and “Secretary of State’s” wherever they occur
substitute “Minister” and “Minister’s” respectively.
In sub-paragraphs (1)(a) and (4)(b) for “as a special advocate”
substitute “as special counsel”.
|
|
Schedule 3, paragraph 5: heading
|
(No modification)
|
|
Schedule 3, paragraph 5
|
For sub-paragraph (2) substitute sub-paragraph (2) set out
in Schedule 11A.
|
|
Schedule 3, paragraph 6: heading
|
(No modification)
|
|
Schedule 3, paragraph 6
|
In sub-paragraphs (1) and (4) for “Secretary of State” substitute “Minister”.
In sub-paragraph (1) for “the court” wherever it occurs substitute
“the Royal Court”.
In sub-paragraph (2) omit “or the Inner House of the Court of
Session”.
|
|
Schedule 3, paragraph 8: heading
|
(No modification)
|
|
Schedule 3, paragraph 8
|
In sub-paragraph (1) for sub-sub-paragraph (a) substitute sub-sub-paragraph (a)
set out in Schedule 11A.
Omit sub-paragraph (2).
In sub-paragraph (3) after “the use of” insert “, and payment
of remuneration, expenses and allowances to,”.
Omit sub-paragraph (4).
|
|
Schedule 3, paragraph 10: heading
|
For “special advocate” substitute “special counsel”;
|
|
Schedule 3, paragraph 10
|
In sub-paragraph (1) for “appropriate law officer” substitute
“Attorney General”.
In sub-paragraph (2) for “as a “special advocate” ” substitute
“as “special counsel” ”.
Omit sub-paragraph (3).
In sub-paragraph (4) for “as a special advocate” substitute “as
special counsel”.
For sub-paragraph (5) substitute sub-paragraphs (5),
(6) and (7) set out in Schedule 11A.
|
|
Schedule 3, paragraph 11: heading
|
(No modification)
|
|
Schedule 3, paragraph 11
|
Omit sub-paragraph (b).
|
|
|
|
|
Schedule 4: heading
|
(No modification)
|
|
Schedule 4, paragraph 1: heading
|
(No modification)
|
|
Schedule 4, paragraph 1
|
(No modification)
|
|
Schedule 4, paragraph 2: heading
|
(No modification)
|
|
Schedule 4, paragraph 2
|
For paragraph 2 substitute paragraph 2 set out in Schedule
11A.
|
|
Schedule 4, paragraph 3: heading
|
(No modification)
|
|
Schedule 4, paragraph 3
|
(No modification)
|
|
Schedule 4, paragraph 4: heading
|
(No modification)
|
|
Schedule 4, paragraph 4
|
In sub-paragraph (2) –
(a) for “on indictment” substitute “before the Royal Court”;
(b) for sub-sub-paragraph (c) substitute sub-sub-paragraph (c)
set out in Schedule 11A.
Omit sub-paragraphs (3) and (4).
In sub-paragraph (5) –
(a) for “to the Crown Court or to the county court in Northern Ireland
against a summary conviction” substitute “to the Royal Court against a conviction
before the Magistrate’s Court”;
(b) in sub-sub-paragraph (b) for “section 111 of the
Magistrates’ Courts Act 1980 or Article 146 of the Magistrates’ Courts (Northern
Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26))” substitute “under
37 of the Criminal Procedure (Jersey) Law 2018”;
(c) in sub-sub-paragraph (d) for “under section 108(1)(b) of that
Act or, in Northern Ireland, under Article 140(1)(b) of that Order” substitute
“under Article 33(2)(b) or (c) of that Law”.
|
SCHEDULE
11A
Article 13
Provisions of the Counter-Terrorism and
Security Act 2015 as extended to Jersey
PART 1
TEMPORARY RESTRICTIONS ON TRAVEL
CHAPTER 1
POWERS TO SEIZE TRAVEL DOCUMENTS
Seizure of passports etc from persons suspected of involvement in
terrorism.
1. Schedule 1 makes provision for the
seizure and temporary retention of travel documents where a person is suspected
of intending to leave Jersey in connection with terrorism-related activity.
CHAPTER 2
TEMPORARY EXCLUSION FROM JERSEY
Imposition of temporary exclusion orders
Temporary exclusion orders.
2.–(1) A “temporary
exclusion order” is an order which requires an individual not to return to
Jersey unless –
(a) the return is in
accordance with a permit to return issued by the Minister before the individual
began the return, or
(b) the return is the
result of the individual’s deportation to Jersey.
(2) The Minister may impose
a temporary exclusion order on an individual if conditions A to E are met.
(3) Condition A is that the
Minister reasonably suspects that the individual is, or has been involved in
terrorism-related activity outside the British Islands.
(4) Condition B is that the
Minister reasonably considers that it is necessary, for purposes connected with
protecting members of the public in Jersey from a risk of terrorism, for a
temporary exclusion order to be imposed on the individual.
(5) Condition C is that the
Minister reasonably considers that the individual is outside the British
Islands.
(6) Condition D is that the
individual has the right of abode in Jersey.
(7) Condition E is that –
(a) the Royal Court gives
the Minister permission under section 3, or
(b) the Minister reasonably
considers that the urgency of the case requires a temporary exclusion order to
be imposed without obtaining such permission.
(8) During the period that
a temporary exclusion order is in force, the Minister must keep under review
whether condition B is met.
Temporary exclusion orders: prior permission of the Royal Court.
3.–(1) This
section applies if the Minister –
(a) makes the relevant
decisions in relation to an individual, and
(b) makes an application to
the Royal Court for permission to impose a temporary exclusion order on the
individual.
(2) The function of the
Royal Court on the application is to determine whether the relevant decisions
of the Minister are obviously flawed.
(3) The Royal Court may
consider the application –
(a) in the absence of the
individual,
(b) without the individual
having been notified of the application, and
(c) without the individual
having been given an opportunity (if the individual was aware of the
application) of making any representations to the Royal Court.
(4) But that does not limit
the matters about which rules of court may be made.
(5) In determining the
application, the Royal Court must apply the principles applicable on an
application for judicial review.
(6) In a case where the
Royal Court determines that any of the relevant decisions of the Minister is
obviously flawed, the Royal Court may not give permission under this section.
(7) In any other case, the
Royal Court must give permission under this section.
(8) Schedule 2 makes
provision for references to the Royal Court etc where temporary exclusion
orders are imposed in cases of urgency.
(9) Only the Minister may
appeal against a determination of the Royal Court under –
(a) this section, or
(b) Schedule 2;
and such an appeal may only be made on a question of law.
(10) In this section “the
relevant decisions” means the decisions that the following conditions are met –
(a) condition A;
(b) condition B;
(c) condition C;
(d) condition D.
Temporary exclusion orders: supplementary provision.
4.–(1) The
Minister must give notice of the imposition of a temporary exclusion order to
the individual on whom it is imposed (the “excluded individual”).
(2) Notice of the
imposition of a temporary exclusion order must include an explanation of the
procedure for making an application under section 6 for a permit to return.
(3) A temporary exclusion
order –
(a) comes into force when
notice of its imposition is given; and
(b) is in force for the
period of two years (unless revoked or otherwise brought to an end earlier).
(4) The Minister may revoke
a temporary exclusion order at any time.
(5) The Minister must give
notice of the revocation of a temporary exclusion order to the excluded
individual.
(6) If a temporary
exclusion order is revoked, it ceases to be in force when notice of its
revocation is given.
(7) The validity of a temporary
exclusion order is not affected by the excluded individual –
(a) returning to Jersey, or
(b) departing from Jersey.
(8) The imposition of a
temporary exclusion order does not prevent a further temporary exclusion order
from being imposed on the excluded individual (including in a case where an
order ceases to be in force at the expiry of its two year duration).
(9) At the time when a
temporary exclusion order comes into force, any British passport held by the
excluded individual is invalidated.
(10) During the period when
a temporary exclusion order is in force, the issue of a British passport to the
excluded individual while he or she is outside the British Islands is not
valid.
(11) In this section
“British passport” means a passport, or other document which enables or
facilitates travel from one state to another (except a permit to return), that
has been –
(a) issued by or for Her
Majesty’s Government in the United Kingdom, and
(b) issued in respect of a
person’s status as a British citizen.
Permit to return
Permit to return.
5.–(1) A “permit
to return” is a document giving an individual (who is subject to a temporary
exclusion order) permission to return to Jersey.
(2) The permission may be
made subject to a requirement that the individual comply with conditions
specified in the permit to return.
(3) The individual’s
failure to comply with a specified condition has the effect of invalidating the
permit to return.
(4) A permit to return must
state –
(a) the time at which, or
period of time during which, the individual is permitted to arrive on return to
Jersey;
(b) the manner in which the
individual is permitted to return to Jersey; and
(c) the place where the
individual is permitted to arrive on return to Jersey.
(5) Provision made under
subsection (4)(a) or (c) may, in particular, be framed by reference to the
arrival in Jersey of a specific flight, sailing or other transport service.
(6) Provision made under
subsection (4)(b) may, in particular, state –
(a) a route,
(b) a method of transport,
(c) an airline, shipping
line or other passenger carrier, or
(d) a flight, sailing or
other transport service,
which the individual is permitted to use to return to Jersey.
(7) The Minister may not
issue a permit to return except in accordance with section 6 or 7.
(8) It is for the Minister
to decide the terms of a permit to return (but this is subject to section
6(3)).
Issue of permit to return: application by individual.
6.–(1) If an
individual applies to the Minister for a permit to return, the Minister must
issue a permit within a reasonable period after the application is made.
(2) But the Minister may
refuse to issue the permit if –
(a) the Minister requires
the individual to attend an interview with a police officer or immigration
officer at a time and a place specified by the Minister, and
(b) the individual fails to
attend the interview.
(3) Where a permit to
return is issued under this section, the relevant return time must fall within
a reasonable period after the application is made.
(4) An application is not
valid unless it is made in accordance with the procedure for applications
specified by the Minister.
(5) In this section –
“application” means an application made by an individual to the
Minister for a permit to return to be issued;
“relevant return time” means –
(a) the time at which the
individual is permitted to arrive on return to Jersey (in a case where the
permit to return states such a time), or
(b) the start of the period
of time during which the individual is permitted to arrive on return to Jersey
(in a case where the permit to return states such a period).
Issue of permit to return: deportation or urgent situation.
7.–(1) The
Minister must issue a permit to return to an individual if the Minister
considers that the individual is to be deported to Jersey.
(2) The Minister may issue
a permit to return to an individual if –
(a) the Minister considers
that, because of the urgency of the situation, it is expedient to issue a
permit to return even though no application has been made under section 6, and
(b) there is no duty to
issue a permit to return under subsection (1).
(3) Subsection (1) or (2)
applies whether or not any request has been made to issue the permit to return under
that provision.
Permit to return: supplementary provision.
8.–(1) The Minister
may vary a permit to return.
(2) The Minister may revoke
a permit to return issued to an individual only if –
(a) the permit to return
has been issued under section 6 and the individual asks the Minister to revoke
it;
(b) the permit to return
has been issued under section 7(1) and the Minister no longer considers that
the individual is to be deported to Jersey;
(c) the permit to return
has been issued under section 7(2) and the Minister no longer considers that,
because of the urgency of the situation, the issue of the permit to return is
expedient;
(d) the Minister issues a
subsequent permit to return to the individual; or
(e) the Minister considers
that the permit to return has been obtained by misrepresentation.
(3) The making of an
application for a permit to return to be issued under section 6 (whether or not
resulting in a permit to return being issued) does not prevent a subsequent
application from being made.
(4) The issuing of a permit
to return (whether or not resulting in the individual’s return to Jersey) does
not prevent a subsequent permit to return from being issued (whether or not the
earlier permit is still in force).
Obligations after return to Jersey
Obligations after return to Jersey.
9.–(1) The
Minister may, by notice, impose any or all of the permitted obligations on an
individual who –
(a) is subject to a
temporary exclusion order, and
(b) has returned to Jersey.
(2) The “permitted
obligations” are –
(a) an obligation –
(i) to report to a police
station at such times and in such manner as the Minister may by notice require,
and to comply with any directions given by a police officer in relation to such
reporting;
(ii) to attend
appointments with specified persons or persons of specified descriptions at
specified times and places, and to comply with any reasonable directions given
by the Minister that relate to matters about which the individual is required
to attend an appointment;
(b) an obligation to notify
the police, in such manner as a notice under this section may require, of –
(i) the individual’s place
(or places) of residence, and
(ii) any change in the
individual’s place (or places) of residence.
(2A) A notice under this
section may provide that a requirement to report to a police station is not to
apply if conditions specified in the notice are met.
(3) A notice under this
section –
(a) comes into force when
given to the individual; and
(b) is in force until the
temporary exclusion order ends (unless the notice is revoked or otherwise
brought to an end earlier).
(4) The Minister may, by
notice, vary or revoke any notice given under this section.
(5) The variation or
revocation of a notice under this section takes effect when the notice of
variation or revocation is given to the individual.
(6) The validity of a
notice under this section is not affected by the individual –
(a) departing from Jersey,
or
(b) returning to Jersey.
(7) The giving of any
notice to an individual under this section does not prevent any further notice
under this section from being given to that individual.
Offences and proceedings etc
Offences.
10.–(1) An individual
subject to a temporary exclusion order is guilty of an offence if, without
reasonable excuse, the individual returns to Jersey in contravention of the
restriction on return specified in the order.
(2) It is irrelevant for
the purposes of subsection (1) whether or not the individual has a passport or
other similar identity document.
(3) An individual subject
to an obligation imposed under section 9 is guilty of an offence if, without
reasonable excuse, the individual does not comply with the obligation.
(4) In a case where a
relevant notice has not actually been given to an individual, the fact that the
relevant notice is deemed to have been given to the individual under an Order
under section 13 does not (of itself) prevent the individual from showing that lack
of knowledge of the temporary exclusion order, or of the obligation imposed
under section 9, was a reasonable excuse for the purposes of this section.
(5) An individual guilty of
an offence under this section is liable on conviction to imprisonment for a
term not exceeding 5 years or to a fine, or to both.
(7) In this section –
“relevant notice” means –
(a) notice of the
imposition of a temporary exclusion order, or
(b) notice under section 9
imposing an obligation;
“restriction on return” means the requirement specified in a
temporary exclusion order in accordance with section 2(1).
Review of decisions relating to temporary exclusion orders.
11.–(1) This
section applies where an individual who is subject to a temporary exclusion
order is in Jersey.
(2) The individual may
apply to the Royal Court to review any of the following decisions of the
Minister –
(a) a decision that any of
the following conditions was met in relation to the imposition of the temporary
exclusion order –
(i) condition A;
(ii) condition B;
(iii) condition C;
(iv) condition D;
(b) a decision to impose
the temporary exclusion order;
(c) a decision that
condition B continues to be met;
(d) a decision to impose
any of the permitted obligations on the individual by a notice under section 9.
(3) On a review under this
section, the Royal Court must apply the principles applicable on an application
for judicial review.
(4) On a review of a
decision within subsection (2)(a) to (c), the Royal Court has the following
powers (and only those powers) –
(a) power to quash the
temporary exclusion order;
(b) power to give
directions to the Minister for, or in relation to, the revocation of the
temporary exclusion order.
(5) If the Royal Court does
not exercise either of its powers under subsection (4), the Royal Court must
decide that the temporary exclusion order is to continue in force.
(6) On a review of a
decision within subsection (2)(d), the Royal Court has the following powers
(and only those powers) –
(a) power to quash the
permitted obligation in question;
(b) if that is the only
permitted obligation imposed by the notice under section 9, power to quash the
notice;
(c) power to give
directions to the Minister for, or in relation to –
(i) the variation of the
notice so far as it relates to that permitted obligation, or
(ii) if that is the only
permitted obligation imposed by the notice, the revocation of the notice.
(7) If the Royal Court does
not exercise any of its powers under subsection (6), the Royal Court must
decide that the notice under section 9 is to continue in force.
(8) If the Royal Court
exercises a power under subsection (6)(a) or (c)(i), the Royal Court must
decide that the notice under section 9 is to continue in force subject to that
exercise of that power.
(9) The power under this
section to quash a temporary exclusion order, permitted obligation or notice
under section 9 includes power to stay the quashing for a specified time, or
pending an appeal or further appeal against the decision to quash.
(10) An appeal against a
determination of the Royal Court on a review under this section may only be
made on a question of law.
(11) For the purposes of
this section, a failure by the Minister to make a decision whether condition B
continues to be met is to be treated as a decision that it continues to be met.
Temporary exclusion orders: proceedings and appeals against
convictions.
12.–(1) Schedule
3 makes provision about proceedings relating to temporary exclusion orders.
(2) Schedule 4 makes
provision about appeals against convictions in cases where a temporary
exclusion order, a notice under section 9 or a permitted obligation is quashed.
Supplementary
Orders: giving of notices, legislation relating to passports.
13.–(1) The Minister
may by Order make provision about the giving of –
(a) notice under section 4,
and
(b) notice under section 9.
(2) The Order may, in
particular, make provision about cases in which notice is to be deemed to have
been given.
(3) The Minister may make
Orders providing for legislation relating to passports or other identity
documents (whenever passed or made) to apply (with or without modifications) to
permits to return.
Chapter 2: interpretation.
14.–(1) This
section applies for the purposes of this Chapter.
(2) These expressions have
the meanings given –
“act” and “conduct” include omissions and statements;
“act of terrorism” includes anything constituting an action taken
for the purposes of terrorism, within the meaning of the Terrorism (Jersey) Law 2002 (see Article 1 of that Law);
“condition A”, “condition B”, “condition C”, “condition D” or
“condition E” means that condition as set out in section 2;
“the Minister” means the Minister for Home Affairs;
“permit to return” has the meaning given in section 5;
“temporary exclusion order” has the meaning given in section 2;
“terrorism” has the same meaning as in the Terrorism (Jersey) Law 2002 (see Article 1 of that Law).
(3) An individual is –
(a) subject to a temporary
exclusion order if a temporary exclusion order is in force in relation to the
individual; and
(b) subject to an
obligation imposed under section 9 if an obligation is imposed on the
individual by a notice in force under that section.
(4) Involvement in
terrorism-related activity is any one or more of the following –
(a) the commission,
preparation or instigation of acts of terrorism;
(b) conduct that
facilitates the commission, preparation or instigation of such acts, or is
intended to do so;
(c) conduct that gives
encouragement to the commission, preparation or instigation of such acts, or is
intended to do so;
(d) conduct that gives
support or assistance to individuals who are known or believed by the individual
concerned to be involved in conduct falling within paragraph (a).
It is immaterial whether the acts of terrorism in question are
specific acts of terrorism or acts of terrorism in general.
(5) It is immaterial
whether an individual’s involvement in terrorism-related activity occurs before
or after the coming into force of section 2.
(6) References to an
individual’s return to Jersey include, in the case of an individual who has
never been in Jersey, a reference to the individual’s coming to Jersey for the
first time.
(7) References to
deportation include references to any other kind of expulsion.
PART 4
AVIATION AND SHIPPING
Authority-to-carry schemes.
22.–(1) The
Minister may by Order make one or more schemes requiring a person (a “carrier”)
to seek authority from the Minister to carry persons on aircraft or ships which
are –
(a) arriving, or expected
to arrive, in Jersey, or
(b) leaving, or expected to
leave, Jersey.
A scheme made under this section is called an “authority-to-carry
scheme”.
(2) An authority-to-carry
scheme must specify or describe –
(a) the classes of carrier
to which it applies (which may be all carriers or may be defined by reference
to the method of transport or otherwise),
(b) the classes of
passengers or crew in respect of whom authority to carry must be sought (which
may be all of them or may be defined by reference to nationality, the
possession of specified documents or otherwise), and
(c) the classes of
passengers or crew in respect of whom authority to carry may be refused.
(3) An authority-to-carry
scheme may specify or describe a class of person under subsection (2)(c) only
if it is necessary in the public interest.
(4) An Order under
subsection (1) may make different authority-to-carry schemes for different
purposes and in particular may make different schemes for different types of
carrier, journey or person.
(5) An authority-to-carry
scheme must set out the process for carriers to request, and for the Minister
to grant or refuse, authority to carry, which may include –
(a) a requirement for
carriers to provide specified information on passengers or crew by a specified
time before travel;
(b) a requirement for
carriers to provide the information in a specified manner and form;
(c) a requirement for
carriers to be able to receive, in a specified manner and form, communications
from the Minister relating to the information provided or granting or refusing
authority to carry.
(6) Information specified
under subsection (5)(a) may be information that can be required to be supplied
under paragraph 27, 27B or 27BA of Schedule 2 to the Immigration Act 1971,
section 32 or 32A of the Immigration, Asylum and Nationality Act 2006 or
otherwise.
(7) The grant or refusal of
authority under an authority-to-carry scheme does not determine whether a
person is entitled or permitted to enter Jersey.
Penalty for breach of authority-to-carry scheme.
24.–(1) The
Minister may make provision by Order imposing penalties for breaching the
requirements of an authority-to-carry scheme.
(2) An Order under
subsection (1) must identify the authority-to-carry scheme to which they refer.
(3) An Order under
subsection (1) may in particular make provision –
(a) about how a penalty is
to be calculated;
(b) about the procedure for
imposing a penalty;
(c) about the enforcement
of penalties;
(d) allowing for an appeal
against a decision to impose a penalty;
and the Order may make different provision for different purposes.
(4) Provision in the Order
about the procedure for imposing a penalty must provide for a carrier to be
given an opportunity to object to a proposed penalty in the circumstances set
out in the Order.
(5) The Order must provide
that no penalty may be imposed on a carrier for breaching the requirements of
an authority-to-carry scheme where –
(a) the breach consists of
a failure to provide information that the carrier has also been required to
provide under paragraph 27, 27B or 27BA of Schedule 2 to the Immigration Act
1971 and –
(i) a penalty has been
imposed on the person in respect of a failure to provide that information by
virtue of an Order made under paragraph 27BB of Schedule 2 to that Act, or
(ii) proceedings have been
instituted against the carrier under section 27 of that Act in respect of a
failure to provide that information, or
(b) the breach consists of
a failure to provide information that the carrier has also been required to
provide under section 32 or 32A of the Immigration, Asylum and Nationality Act
2006 and –
(i) a penalty has been
imposed on the person in respect of a failure to provide that information by
virtue of an Order made under section 32B of that Act, or
(ii) proceedings have been
instituted against the carrier under section 34 of that Act in respect of a
failure to provide that information.
(6) Any penalty paid by virtue
of this section must be paid to the Treasurer of the States and credited to the
Annual Income of the States.
Aviation and maritime security.
25.–(1) Schedule
5 makes amendments to do with aviation and maritime security.
(2) Part 1 of that Schedule
makes amendments about passenger, crew and service information in relation to
aircraft and ships.
(3) Part 2 of that Schedule
makes amendments of the provisions relating to directions etc in –
(a) the Aviation Security
Act 1982,
(b) the Aviation and
Maritime Security Act 1990.
Short title.
53. This Act may be cited as the
Counter-Terrorism and Security Act 2015.
SCHEDULE 1
SEIZURE OF PASSPORTS ETC FROM PERSONS SUSPECTED OF INVOLVEMENT IN
TERRORISM
Section 1
Interpretation
1.–(1) The
following definitions have effect for the purposes of this Schedule.
(1A) “Minister” means
Minister for Home Affairs.
(2) “Immigration officer”
means a person who is appointed as an immigration officer under paragraph 1 of
Schedule 2 to the Immigration Act 1971.
(3) “Customs official”
means a person who is designated as an officer of the Impôts within the meaning
of Article 4 of the Customs and Excise (Jersey)
Law 1999.
(4) “Qualified officer” means
an immigration officer or customs official who is designated by the Minister
for the purposes of this Schedule.
(5) “Senior police officer”
means a police officer of at least the rank of chief inspector.
(6) “Travel document” means
anything that is or appears to be –
(a) a passport, or
(b) a ticket or other
document that permits a person to make a journey by any means from Jersey to a
place outside Great Britain or Guernsey or the Isle of Man.
(7) “Passport” means –
(a) a United Kingdom
passport (within the meaning of the Immigration Act 1971,
(b) a passport issued by or
on behalf of the authorities of a country or territory outside the British
Islands, or by or on behalf of an international organisation, or
(c) a document that can be
used (in some or all circumstances) instead of a passport.
(8) “Port” means –
(a) an airport,
(b) a sea port,
(f) any other place at
which a person is able, or attempting, to get on or off any craft, vessel or
vehicle in connection with entering or leaving Jersey.
(10) “Involvement in
terrorism-related activity” is any one or more of the following –
(a) the commission,
preparation or instigation of acts of terrorism;
(b) conduct that
facilitates the commission, preparation or instigation of such acts, or is
intended to do so;
(c) conduct that gives
encouragement to the commission, preparation or instigation of such acts, or is
intended to do so;
(d) conduct that gives
support or assistance to individuals who are known or believed by the person
concerned to be involved in conduct falling within paragraph (a).
It is immaterial whether the acts of terrorism in question are
specific acts of terrorism or acts of terrorism in general.
(11) “Terrorism” and
“terrorist” have the same meaning as in the Terrorism (Jersey) Law 2002 (see Articles 2 and 36 of
that Law).
(12) “Judicial authority”
means the Magistrate and includes any person exercising the functions of the Magisrate.
(15) “The 14-day period” and “the 30-day period” have the meanings
given by paragraphs 5(2) and 8(7) respectively.
Powers of search and seizure etc
2.–(1) This paragraph
applies in the case of a person at a port in Jersey if a police officer has
reasonable grounds to suspect that the person –
(a) is there with the
intention of leaving Jersey for the purpose of involvement in terrorism-related
activity outside the British Islands, or
(b) has arrived in Jersey
with the intention of leaving it soon for that purpose.
(3) The police officer may –
(a) exercise any of the
powers in sub-paragraph (5) in the case of the person, or
(b) direct a qualified
officer to do so.
(4) A qualified officer
must (if able to do so) comply with any direction given by a police officer
under sub-paragraph (3)(b).
(5) The powers are –
(a) to require the person
to hand over all travel documents in his or her possession to the police
officer or (as the case may be) the qualified officer;
(b) to search for travel
documents relating to the person and to take possession of any that the police
officer or the qualified officer finds;
(c) to inspect any travel
document relating to the person;
(d) to retain any travel
document relating to the person that is lawfully in the possession of the
police officer or the qualified officer.
(6) The power in
sub-paragraph (5)(b) is a power to search –
(a) the person;
(b) anything that the
person has with him or her;
(c) any vehicle in which
the officer believes the person to have been travelling or to be about to
travel.
(7) A police officer or qualified
officer –
(a) may stop a person or
vehicle for the purpose of exercising a power in sub-paragraph (5)(a) or (b);
(b) may if necessary use
reasonable force for the purpose of exercising a power in sub-paragraph (5)(a)
or (b);
(c) may authorise a person
to carry out on the police officer’s or qualified officer’s behalf a search
under sub-paragraph (5)(b).
(8) A police officer or
qualified officer exercising a power in sub-paragraph (5)(a) or (b) must tell
the person that –
(a) the person is suspected
of intending to leave Jersey for the purpose of involvement in
terrorism-related activity outside the British Islands, and
(b) the police officer or
the qualified officer is therefore entitled under this Schedule to exercise the
power.
(9) Where a travel document
relating to the person is in the possession of an immigration officer or
customs official (whether a qualified officer or not), the police officer may
direct the officer or official –
(a) to pass the document to
a police officer as soon as practicable, and
(b) in the meantime to
retain it.
The immigration officer or customs official must comply with any
such direction.
Travel documents in possession of
immigration officers or customs
3.–(1) Where –
(a) a travel document
lawfully comes into the possession of an immigration officer or customs
official (whether a qualified officer or not) without a power under paragraph 2
being exercised, and
(b) as soon as possible
after taking possession of the document, the officer or official asks a police
officer whether the police officer wishes to give a direction under paragraph
2(9) in relation to the document,
the officer or official may retain the document until the police
officer tells him or her whether or not the police officer wishes to give such
a direction.
(2) A request under
sub-paragraph (1) must be considered as soon as possible.
Authorisation by senior police officer
for retention of travel
4.–(1) Where
a travel document is in the possession of a police officer or qualified officer
as a result of the exercise of a power under paragraph 2, the relevant police
officer must as soon as possible either –
(a) seek authorisation from
a senior police officer for the document to be retained, or
(b) ensure that the
document is returned to the person to whom it relates.
“The relevant police officer” means the police officer by whom, or
on whose direction, the power was exercised.
(2) The document may be
retained while an application for authorisation is considered.
Any such application must be considered as soon as possible.
(3) A police officer or
qualified officer retaining a travel document under sub-paragraph (2) must tell
the person to whom the document relates that –
(a) the person is suspected
of intending to leave Jersey for the purpose of involvement in
terrorism-related activity outside the British Islands, and
(b) the police officer or
qualified officer is therefore entitled under this Schedule to retain the
document while the matter is considered by a senior police officer.
This does not apply if the police officer or qualified officer
expects the application for authorisation to be dealt with immediately, or if
sub-paragraph (4) has been complied with.
(4) An immigration officer
or customs official to whom a direction is given under paragraph 2(9) must tell
the person to whom the travel document in question relates that –
(a) the person is suspected
of intending to leave Jersey for the purpose of involvement in
terrorism-related activity outside the British Islands, and
(b) a police officer is
therefore entitled under this Schedule to retain the document while the matter
is considered by a senior police officer.
This does not apply if the immigration officer or customs official
expects the application for authorisation to be dealt with immediately.
(5) If an application for
authorisation is granted –
(a) the travel document
must be passed to a police officer if it is not already in the possession of a
police officer, and
(b) paragraph 5 applies.
(6) If an application for
authorisation is refused, the travel document must be returned to the person as
soon as possible.
(7) A senior police officer
may grant an application for authorisation only if satisfied that there are
reasonable grounds for the suspicion referred to in paragraph 2(1) or (2).
(8) An authorisation need
not be in writing.
(9) Sub-paragraphs (1)(b)
and (6) are subject to paragraph 7 and to any power or provision not in this
Schedule under which the document may be lawfully retained or otherwise dealt
with.
Retention or return of documents seized
5.–(1) Where
authorisation is given under paragraph 4 for a travel document relating to a
person to be retained, it may continue to be retained –
(a) while consideration is
given to whether to cancel the person’s passport,
(b) while consideration is given
to charging the person with an offence,
(c) while consideration is
given to making the person subject to any order or measure to be made or
imposed by a court, or by the Minister, for purposes connected with protecting
members of the public from a risk of terrorism, or
(d) while steps are taken
to carry out any of the actions mentioned in paragraphs (a) to (c).
(2) But a travel document
may not be retained under this Schedule after the end of the period of 14 days
beginning with the day after the document was taken (“the 14-day period”),
unless that period is extended under paragraph 8 or 11(3).
(3) The travel document
must be returned to the person as soon as possible –
(a) once the 14-day period
(or the 14-day period as extended under paragraph 8 or 11(3)) expires;
(b) once the power in
sub-paragraph (1) ceases to apply, if that happens earlier.
This is subject to paragraph 7 and to any power or provision not in
this Schedule under which the document may be lawfully retained or otherwise
dealt with.
(4) The police officer to
whom a travel document is passed under paragraph 2(9) or 4(5)(a), or who is in
possession of it when authorisation is given under paragraph 4, must explain to
the person the effect of sub-paragraphs (1) to (3).
(5) The police officer must
also tell the person, if he or she has not been told already under paragraph
2(8) or 4(3) or (4), that the person is suspected of intending to leave Jersey
for the purpose of involvement in terrorism-related activity outside the
British Islands.
Review of retention of travel documents
6.–(1) This paragraph
applies where –
(a) authorisation is given
under paragraph 4 for a travel document relating to a person to be retained,
and
(b) the document is still
being retained by a police officer at the end of the period of 72 hours
beginning when the document was taken from the person (“the 72-hour period”).
(2) A police officer who is –
(a) of at least the rank of
superintendent, and
(b) of at least as high a
rank as the senior police officer who gave the authorisation,
must carry out a review of whether the decision to give
authorisation was flawed.
(3) The reviewing officer
must –
(a) begin carrying out the
review within the 72-hour period,
(b) complete the review as
soon as possible, and
(c) communicate the
findings of the review in writing to the Chief Officer.
(4) The Chief Officer must
consider those findings and take whatever action seems appropriate.
(5) If a power under
paragraph 2 was exercised in relation to the travel document by an immigration
officer or customs official designated under paragraph 17, the reviewing
officer must also communicate the findings of the review in writing to the
Minister.
(6) In this paragraph –
“reviewing officer” means the officer carrying out a review under
this paragraph;
“Chief Officer” means the Chief Officer of the States of Jersey
Police Force.
Detention of document for criminal
proceedings etc.
7.–(1) A
requirement under paragraph 4 or 5 to return a travel document in the
possession of a police officer or qualified officer does not apply while either
officer has power to detain it under sub-paragraph (2).
(2) Either officer may
detain the document –
(a) while he or she
believes that it may be needed for use as evidence in criminal proceedings, or
(b) while he or she
believes that it may be needed in connection with a decision by the Minister
whether to make a deportation order under the Immigration Act 1971.
Extension of 14-day period by judicial
authority
8.–(1) A
senior police officer may apply to a judicial authority for an extension of the
14-day period.
(2) An application must be
made before the end of the 14-day period.
(3) An application may be
heard only if reasonable efforts have been made to give to the person to whom
the application relates a notice stating –
(a) the time when the
application was made;
(b) the time and place at
which it is to be heard.
(4) On an application –
(a) the judicial authority
must grant an extension if satisfied that the relevant persons have been acting
diligently and expeditiously in relation to the matters and steps referred to
in sub-paragraph (5);
(b) otherwise, the judicial
authority must refuse to grant an extension.
(5) In sub-paragraph (4)
“the relevant persons” means –
(a) the persons responsible
for considering whichever of the matters referred to in paragraph 5(1)(a) to
(c) are under consideration, and
(b) the persons responsible
for taking whichever of the steps referred to in paragraph 5(1)(d) are being
taken or are intended to be taken.
(6) An extension must be for
a further period ending no later than the end of the 30-day period.
(7) “The 30-day period”
means the period of 30 days beginning with the day after the document in
question was taken.
9.–(1) The person
to whom an application under paragraph 8 relates –
(a) must be given an
opportunity to make oral or written representations to the judicial authority
about the application;
(b) subject to
sub-paragraph (3), is entitled to be legally represented at the hearing.
(2) A judicial authority
must adjourn the hearing of an application to enable the person to whom the
application relates to obtain legal representation where the person –
(a) is not legally
represented,
(b) is entitled to be
legally represented, and
(c) wishes to be legally
represented.
(3) A judicial authority
may exclude any of the following persons from any part of the hearing –
(a) the person to whom the
application relates;
(b) anyone representing
that person.
10.–(1) A
person who has made an application under paragraph 8 may apply to the judicial
authority for an order that specified information upon which he or she intends
to rely be withheld from –
(a) (the person to whom the
application relates, and
(b) anyone representing
that person.
(2) A judicial authority
may make an order under sub-paragraph (1) in relation to specified information
only if satisfied that there are reasonable grounds for believing that if the
information was disclosed –
(a) evidence of an offence
under any of the provisions mentioned in Article 36(a) of the Terrorism (Jersey) Law 2002 would be interfered with or
harmed,
(b) the recovery of
property obtained as a result of an offence under any of those provisions would
be hindered,
(c) the recovery of
property in respect of which a forfeiture order could be made under Article 27
of (and Schedule 3 to) that Law would be hindered,
(d) the apprehension,
prosecution or conviction of a person who is suspected of being a terrorist
would be made more difficult as a result of the person being alerted,
(e) the prevention of an
act of terrorism would be made more difficult as a result of a person being
alerted,
(f) the gathering of
information about the commission, preparation or instigation of an act of terrorism
would be interfered with,
(g) a person would be
interfered with or physically injured, or
(h) national security would
be put at risk.
(3) The judicial authority
must direct that the following be excluded from the hearing of an application
under this paragraph –
(a) the person to whom the
application under paragraph 8 relates;
(b) anyone representing
that person.
11.–(1) A
judicial authority may adjourn the hearing of an application under paragraph 8
only if the hearing is adjourned to a date before the expiry of the 14-day
period.
(2) Sub-paragraph (1) does
not apply to an adjournment under paragraph 9(2).
(3) If an application is
adjourned under paragraph 9(2) to a date after the expiry of the 14-day period,
the judicial authority must extend the period until that date.
12.–(1) If
an extension is granted under paragraph 8 for a period ending before the end of
the 30-day period, one further application may be made under that paragraph.
(2) Paragraphs 8 to 11
apply to a further application as if references to the 14-day period were
references to that period as previously extended.
Restriction on repeated use of powers
13.–(1) Where –
(a) a power under paragraph
4 or 5 to retain a document relating to a person is exercised, and
(b) powers under this Schedule
have been exercised in the same person’s case on two or more occasions in the
previous 6 months,
this Schedule has effect with the following modifications.
(2) References to 14 days
(in paragraph 5(2) and elsewhere) are to be read as references to 5 days.
(3) Paragraph 8 has effect
as if the following were substituted for sub-paragraph (4) –
“(4) On an application, the
judicial authority must grant an extension if satisfied that –
(a) the relevant persons
have been acting diligently and expeditiously in relation to the matters and
steps referred to in sub-paragraph (5), and
(b) there are exceptional
circumstances justifying the further use of powers under this Schedule in
relation to the same person.
Otherwise, the judicial authority must refuse to grant an
extension.”
Persons unable to leave Jersey
14.–(1) This
paragraph applies where a person’s travel documents are retained under this
Schedule with the result that, for the period during which they are so retained
(“the relevant period”), the person is unable to leave Jersey.
(2) The Minister may make
whatever arrangements he or she thinks appropriate in relation to the person –
(a) during the relevant
period;
(b) on the relevant period
coming to an end.
(3) If at any time during
the relevant period the person does not have leave to enter or remain in
Jersey, the person’s presence in Jersey at that time is nevertheless not
unlawful for the purposes of the Immigration Act 1971.
Offences
15.–(1) A
person who is required under paragraph 2(5)(a) to hand over all travel
documents in the person’s possession commits an offence if he or she fails
without reasonable excuse to do so.
(2) A person who
intentionally obstructs, or seeks to frustrate, a search under paragraph 2
commits an offence.
(3) A person guilty of an
offence under this paragraph is liable to imprisonment for a term not exceeding
6 months, or to a fine not exceeding level 3 on the standard scale, or to both.
16. A qualified officer exercising a power
under paragraph 2 has the same powers of arrest without warrant as a police
officer in relation to an offence under paragraph 15.
Accredited immigration officers and
customs officials
17.–(1) For
the purposes of this paragraph, a qualified officer is an “accredited”
immigration officer or customs official if designated as such by the Minister.
(2) Sub-paragraphs (1), (2)
and (3)(a) of paragraph 2 apply to an accredited immigration officer or customs
official as they apply to a police officer.
(3) In paragraph 2(3)(b)
and (4) “qualified officer” does not include an accredited immigration officer
or customs official.
(4) In paragraphs 2(9) and
3 “immigration officer or customs official” does not include an accredited
immigration officer or customs official.
(5) Paragraph 4(1) has
effect, in relation to a travel document that is in the possession of an
accredited immigration officer or customs official as a result of the exercise
of a power under paragraph 2 by that officer or official, as if the reference
to the relevant police officer were a reference to that officer or official.
Code of practice
18.–(1) The
Minister must issue a code of practice with regard to the exercise of functions
under this Schedule.
(2) The code of practice
must in particular deal with the following matters –
(a) the procedure for making
designations under paragraphs 1(4) and 17;
(b) training to be
undertaken by persons who are to exercise powers under this Schedule;
(c) the exercise by police
officers, immigration officers and customs officials of functions conferred on
them by virtue of this Schedule;
(d) information to be given
to a person in whose case a power under this Schedule is exercised;
(e) how and when that
information is to be given;
(f) reviews under
paragraph 6.
(3) A police officer,
immigration officer or customs official must perform functions conferred on him
or her by virtue of this Schedule in accordance with any relevant provision
included in the code by virtue of sub-paragraph (2)(c) to (e).
(4) The failure by a police
officer, immigration officer or customs official to observe any such provision
does not of itself make him or her liable to criminal or civil proceedings.
(5) The code of practice –
(a) is admissible in
evidence in criminal and civil proceedings;
(b) is to be taken into
account by a court or tribunal in any case in which it appears to the court or
tribunal to be relevant.
20. The Minister may revise the code of
practice and issue the revised code.
SCHEDULE 2
URGENT TEMPORARY EXCLUSION ORDERS: REFERENCE TO THE COURT ETC
Section 3
Application
1. This Schedule applies if the Minister –
(a) makes the urgent case
decisions in relation to an individual, and
(b) imposes a temporary
exclusion order on the individual.
Statement of urgency
2. The temporary exclusion order must
include a statement that the Minister reasonably considers that the urgency of
the case requires the order to be imposed without obtaining the permission of
the Royal Court under section 3.
Reference to Royal Court
3.–(1) Immediately
after giving notice of the imposition of the temporary exclusion order, the Minister
must refer to the Royal Court the imposition of the order on the individual.
(2) The function of the
Royal Court on the reference is to consider whether the urgent case decisions
were obviously flawed.
(3) The Royal Court’s
consideration of the reference must begin within the period of 7 days beginning
with the day on which notice of the imposition of the temporary exclusion order
is given to the individual.
(4) The Royal Court may
consider the reference –
(a) in the absence of the
individual,
(b) without the individual
having been notified of the reference, and
(c) without the individual
having been given an opportunity (if the individual was aware of the reference)
of making any representations to the Royal Court.
(5) But that does not limit
the matters about which rules of court may be made.
Decision by Royal Court
4.–(1) In a
case where the Royal Court determines that any of the relevant decisions of the
Minister is obviously flawed, the Royal Court must quash the temporary
exclusion order.
(2) If sub-paragraph (1)
does not apply, the Royal Court must confirm the temporary exclusion order.
(3) If the Royal Court
determines that the decision of the Minister that the urgency condition is met
is obviously flawed, the Royal Court must make a declaration of that
determination (whether it quashes or confirms the temporary exclusion order
under the preceding provisions of this paragraph).
Procedures on reference
5.–(1) In determining
a reference under paragraph 3, the Royal Court must apply the principles
applicable on an application for judicial review.
(2) The Royal Court must
ensure that the individual is notified of its decision on a reference under
paragraph 3.
Interpretation
6.–(1) References
in this Schedule to the urgency condition being met are references to condition
E being met by virtue of section 2(7)(b) (urgency of the case requires a
temporary exclusion order to be imposed without obtaining the permission of the
Royal Court).
(2) In this Schedule “the
urgent case decisions” means the relevant decisions and the decision that the
urgency condition is met.
(3) In this Schedule “the
relevant decisions” means the decisions that the following conditions are met –
(a) condition A;
(b) condition B;
(c) condition C;
(d) condition D.
SCHEDULE 3
TEMPORARY EXCLUSION ORDERS: PROCEEDINGS
Section 12
Introductory
1. In this Schedule –
“appeal proceedings” means proceedings in the Court of Appeal on an
appeal relating to TEO proceedings;
“the relevant court” means –
(a) in relation to TEO
proceedings, the Royal Court;
(b) in relation to appeal
proceedings, the Court of Appeal;
“rules of court” means rules for regulating the practice and
procedure to be followed in the Royal Court or the Court of Appeal;
“TEO proceedings” means proceedings on –
(a) an application under
section 3,
(b) a reference under
Schedule 2,
(c) a review under section
11, or
(d) an application made by
virtue of paragraph 6 of this Schedule (application for order requiring
anonymity).
Rules of court: general provision
2.–(1) Regard
must be had, in making rules of court relating to TEO proceedings or appeal
proceedings, to the need to secure the following –
(a) that the decisions that
are the subject of the proceedings are properly reviewed, and
(b) that disclosures of
information are not made where they would be contrary to the public interest.
(2) Rules of court relating
to TEO proceedings or appeal proceedings may make provision –
(a) about the mode of proof
and about evidence in the proceedings;
(b) enabling or requiring
the proceedings to be determined without a hearing;
(c) about legal
representation in the proceedings;
(d) enabling the
proceedings to take place without full particulars of the reasons for the
decisions to which the proceedings relate being given to a party to the
proceedings (or to any legal representative of that party);
(e) enabling the relevant
court to conduct proceedings in the absence of any person, including a party to
the proceedings (or any legal representative of that party);
(f) about the functions of
a person appointed as special counsel (see paragraph 10);
(g) enabling the relevant
court to give a party to the proceedings a summary of evidence taken in the
party’s absence.
(3) In this paragraph –
(a) references to a party
to the proceedings do not include the Minister;
(b) references to a party’s
legal representative do not include a person appointed as special counsel.
Rules of court: disclosure
3.–(1) Rules
of court relating to TEO proceedings or appeal proceedings must secure that the
Minister is required to disclose –
(a) material on which the
Minister relies,
(b) material which
adversely affects the Minister’s case, and
(c) material which supports
the case of another party to the proceedings.
(2) This paragraph is
subject to paragraph 4.
4.–(1) Rules
of court relating to TEO proceedings or appeal proceedings must secure –
(a) that the Minister has
the opportunity to make an application to the relevant court for permission not
to disclose material otherwise than to the relevant court and any person
appointed as special counsel;
(b) that such an
application is always considered in the absence of every party to the
proceedings (and every party’s legal representative);
(c) that the relevant court
is required to give permission for material not to be disclosed if it considers
that the disclosure of the material would be contrary to the public interest;
(d) that, if permission is
given by the relevant court not to disclose material, it must consider
requiring the Minister to provide a summary of the material to every party to
the proceedings (and every party’s legal representative);
(e) that the relevant court
is required to ensure that such a summary does not contain material the
disclosure of which would be contrary to the public interest.
(2) Rules of court relating
to TEO proceedings or appeal proceedings must secure that provision to the
effect mentioned in sub-paragraph (3) applies in cases where the Minister –
(a) does not receive the
permission of the relevant court to withhold material, but elects not to
disclose it, or
(b) is required to provide
a party to the proceedings with a summary of material that is withheld, but
elects not to provide the summary.
(3) The relevant court must
be authorised –
(a) if it considers that
the material or anything that is required to be summarised might adversely
affect the Minister’s case or support the case of a party to the proceedings,
to direct that the Minister –
(i) is not to rely on such
points in the Minister’s case, or
(ii) is to make such
concessions or take such other steps as the court may specify, or
(b) in any other case, to
ensure that the Minister does not rely on the material or (as the case may be)
on that which is required to be summarised.
(4) In this paragraph –
(a) references to a party
to the proceedings do not include the Minister;
(b) references to a party’s
legal representative do not include a person appointed as special counsel.
Article 6 rights
5.–(1) Nothing
in paragraphs 2 to 4, or in rules of court made under any of those paragraphs,
is to be read as requiring the relevant court to act in a manner inconsistent
with Article 6 of the Human Rights Convention.
(2) The “Human Rights
Convention” means the Convention within the meaning of the Human Rights (Jersey) Law
2000
(see Article 1(1) of that Law).
Rules of court: anonymity
6.–(1) Rules
of court relating to TEO proceedings may make provision for –
(a) the making by the
Minister or the relevant individual of an application to the court for an order
requiring anonymity for that individual, and
(b) the making by the Royal
Court, on such an application, of an order requiring such anonymity;
and the provision made by the rules may allow the application and
the order to be made irrespective of whether any other TEO proceedings have
been begun in the Royal Court.
(2) Rules of court may
provide for the Court of Appeal to make an order in connection with any appeal
proceedings requiring anonymity for the relevant individual.
(3) In sub-paragraphs (1)
and (2) the references, in relation to a court, to an order requiring anonymity
for the relevant individual are references to an order by that court which
imposes such prohibition or restriction as it thinks fit on the disclosure –
(a) by such persons as the
court specifies or describes, or
(b) by persons generally,
of the identity of the relevant individual or of any information
that would tend to identify the relevant individual.
(4) In this paragraph
“relevant individual” means an individual on whom the Minister is proposing to
impose, or has imposed, a temporary exclusion order.
Use of advisers
8.–(1) In
any TEO proceedings or appeal proceedings the relevant court may if it thinks
fit –
(a) call in aid one or more
advisers able to be called in aid by the equivalent court in England and Wales,
and
(b) hear and dispose of the
proceedings with the assistance of the adviser or advisers.
(3) Rules of court may
regulate the use of, and payment of remuneration, expenses and allowances to,
advisers in proceedings who are called in aid under sub-paragraph (1).
Appointment of special counsel
10.–(1) The Attorney
General may appoint a person to represent the interests of a party in any TEO
proceedings or appeal proceedings from which the party (and any legal
representative of the party) is excluded.
(2) A person appointed
under sub-paragraph (1) is referred to in this Schedule as appointed as
“special counsel”.
(4) A person appointed as
special counsel is not responsible to the party to the proceedings whose
interests the person is appointed to represent.
(5) A person may be
appointed as special counsel only if –
(a) the person is a member
of the panel referred to in sub-paragraph (6); or
(b) the person is eligible
to be appointed as a special advocate in equivalent TEO proceedings or appeal
proceedings in any part of the United Kingdom.
(6) The Attorney General
shall appoint a panel of persons, such panel consisting of not less than 10
advocates of the Royal Court, for the purposes of this paragraph.
(7) A person appointed
under sub-paragraph (6) may be removed from the panel at any time by the
Attorney General whether or not at the person’s request.
Relationship with other powers to make
rules of court and other proceedings
11. Nothing in this Schedule is to be read as
restricting the power to make rules of court or the matters to be taken into
account when doing so.
SCHEDULE 4
TEMPORARY EXCLUSION ORDERS: APPEALS
AGAINST CONVICTIONS
Section 12
Right
of appeal
1.–(1) An individual who has been convicted of an offence under
section 10(1) or (3) may appeal against the conviction if –
(a) a temporary exclusion
order is quashed, and
(b) the individual could
not have been convicted had the quashing occurred before the proceedings for
the offence were brought.
(2) An individual who has
been convicted of an offence under section 10(3) may appeal against the
conviction if –
(a) a notice under section
9, or a permitted obligation imposed by such a notice, is quashed, and
(b) the individual could
not have been convicted had the quashing occurred before the proceedings for
the offence were brought.
Court in which appeal to be made
2. An appeal under this Schedule is to be
made –
(a) in the case of a
conviction before the Royal Court, to the Court of Appeal;
(b) in the case of a
conviction before the Magistrate’s Court, to the Royal Court.
When the right of appeal arises
3.–(1) The
right of appeal under this Schedule does not arise until there is no further
possibility of an appeal against –
(a) the decision to quash
the temporary exclusion order, notice or permitted obligation (as the case may
be), or
(b) any decision on an
appeal made against that decision.
(2) In determining whether
there is no further possibility of an appeal against a decision of the kind
mentioned in sub-paragraph (1), any power to extend the time for giving notice
of application for leave to appeal, or for applying for leave to appeal, must
be ignored.
The appeal
4.–(1) On an
appeal under this Schedule to any court, that court must allow the appeal and
quash the conviction.
(2) An appeal under this
Schedule to the Court of Appeal against a conviction before the Royal Court –
(a) may be brought irrespective
of whether the appellant has previously appealed against the conviction;
(b) may not be brought
after the end of the period of 28 days beginning with the day on which the
right of appeal arises by virtue of paragraph 3; and
(c) is to be treated as an appeal
under Article 24 of the Court of Appeal (Jersey) Law
1961,
but does not require leave.
(5) An appeal under this
Schedule to the Royal Court against a conviction before the Magistrate’s Court –
(a) may be brought
irrespective of whether the appellant pleaded guilty;
(b) may be brought
irrespective of whether the appellant has previously appealed against the
conviction or made an application in respect of the conviction under 37 of the Criminal Procedure (Jersey)
Law 2018 (case stated);
(c) may not be brought
after the end of the period of 21 days beginning with the day on which the
right of appeal arises by virtue of paragraph 3; and
(d) is to be treated as an
appeal under Article 33(2)(b) or (c) of that Law.
SCHEDULE
12
Article 14
Immigration Act 2016
|
Column 1
Provision
|
Column 2
Modification
|
|
Part 3: heading and cross-heading
|
(No modification)
|
|
Section 48: heading
|
(No modification)
|
|
Section 48
|
Omit subsection (10).
|
|
Section 49: heading
|
(No modification)
|
|
Section 49
|
Omit subsection (13).
|
|
Section 51: heading
|
For “detainee custody officers etc” substitute “certain officers”.
|
|
Section 51
|
For subsections (1) and (2) substitute subsections (1) and (2) set
out in Schedule 11A.
In subsection (3) omit “detainee custody officer,”.
In subsection (4) for “Secretary of State” in both places substitute
“Minister”.
In subsection (7)(c) and (d) omit “removal centre, short-term holding
facility,”.
In subsections (11) and (12) for “Secretary of State” in each place
substitute “Minister”.
In subsection (12) –
(a) for “Secretary of State’s” substitute “Minister’s”;
(b) for “the United Kingdom” substitute “Jersey”.
In subsection (13) –
(a) for “Secretary of State’s” substitute “Minister’s”;
(b) for “Secretary of State” in each place substitute “Minister”.
In subsection (15) (in the definition of “nationality document”) and
in subsection (16) for “the United Kingdom” substitute “Jersey”.
For subsection (17) substitute subsection (17) set out in Schedule
11A.
|
|
Section 52: heading
|
(No modification)
|
|
Section 52
|
For “Secretary of State” in each place substitute “Minister”.
In subsections (3)(b) and (6)(a) for “the United Kingdom” substitute
“Jersey”.
In subsection (7) for “Secretary of State’s” substitute “Minister’s”.
|
|
Section 58: heading
|
(No modification)
|
|
Section 58
|
In subsection (1) for “by the Secretary of State as an immigration
officer under” substitute “in accordance with”.
For subsection (2) substitute subsection (2) set out in Schedule
11A.
|
|
Section 59: cross-heading
|
(No modification)
|
|
Section 59: heading
|
Omit “and bail”.
|
|
Section 59
|
In subsections (1) and (6) for “Secretary of State” substitute “Minister”.
In subsection (2) –
(a) at the end of paragraph (a) add “or” (and delete “, or” at the
end of paragraph (b));
(b) omit paragraph (c).
In subsection (4) for “Secretary of State must lay a draft of the guidance
before Parliament” substitute “Minister must present a draft of the guidance to
the States”.
In subsection (5) for “in accordance with regulations made by the Secretary
of State” substitute “on the date specified by the Minister when the guidance
is issued”.
|
|
Section 60: heading
|
(No modification)
|
|
Section 60
|
For “Secretary of State” in each place substitute “Minister”.
In subsection (2)(a) “the United Kingdom” substitute “Jersey”.
In subsection (4)(a) for “of the Crown (within the meaning of the Ministers
of the Crown Act 1975)” substitute “(within the meaning of the States of Jersey Law 2005)”.
In subsection (8) –
(a) at the end of paragraph (b) add “or” (and delete “, or” at the
end of paragraph (c));
(b) omit paragraph (d).
Omit subsections (9), (10), (11), (12) and (13).
|
|
Section 86: cross-heading
|
Omit “and civil registration”.
|
|
|
|
|
Section 86: heading
|
For “regulations” substitute “Orders”.
|
|
Section 86
|
For section 86 substitute section 86 set out in Schedule 11A.
|
|
Section 87: heading
|
For “regulations” substitute “Orders”.
|
|
Section 87
|
For section 87 substitute section 87 set out in Schedule 11A.
|
|
Section 88: heading
|
(No modification)
|
|
Section 88
|
For section 88 substitute section 88 set out in Schedule 11A.
|
|
|
|
|
Part 9: heading and cross-heading
|
(No modification)
|
|
Section 90: heading
|
(No modification)
|
|
Section 90
|
For “Secretary of State” substitute “Minister”.
|
|
Section 91: cross-heading only
|
(No modification)
|
|
Section 96: heading
|
(No modification)
|
|
Section 96
|
(No modification)
|
SCHEDULE
12A
Article 14
Provisions of the Immigration Act 2016 as
extended to Jersey
|
Provision as extended to Jersey
|
PART 3
ENFORCEMENT
Powers of immigration officers etc.
Seizure and retention in relation to offences.
48.–(1) This
section applies if an immigration officer is lawfully on any premises.
(2) The immigration officer
may seize anything which the officer finds in the course of exercising a
function under the Immigration Acts if the officer has reasonable grounds for
believing –
(a) that it has been
obtained in consequence of the commission of an offence, and
(b) that it is necessary to
seize it in order to prevent it being concealed, lost, damaged, altered or
destroyed.
(3) The immigration officer
may seize anything which the officer finds in the course of exercising a
function under the Immigration Acts if the officer has reasonable grounds for
believing –
(a) that it is evidence in
relation to an offence, and
(b) that it is necessary to
seize it in order to prevent the evidence being concealed, lost, altered or
destroyed.
(4) The immigration officer
may require any information which is stored in any electronic form and is
accessible from the premises to be produced if the officer has reasonable
grounds for believing –
(a) that –
(i) it is evidence in
relation to an offence, or
(ii) it has been obtained
in consequence of the commission of an offence, and
(b) that it is necessary to
seize it in order to prevent it being concealed, lost, tampered with or
destroyed.
(5) The reference in
subsection (4) to information which is stored in any electronic form being
produced is to such information being produced in a form –
(a) in which it can be
taken away, and
(b) in which it is visible
and legible or from which it can readily be produced in a visible and legible
form.
(6) This section does not
authorise an immigration officer to seize an item which the officer has
reasonable grounds for believing is an item subject to legal privilege.
(7) Anything seized by an
immigration officer under this section which relates to an immigration offence
may be retained so long as is necessary in all the circumstances and in
particular –
(a) may be retained, except
as provided for by subsection (8) –
(i) for use as evidence at
a trial for an offence, or
(ii) for forensic
examination or for investigation in connection with an offence, and
(b) may be retained in
order to establish its lawful owner, where there are reasonable grounds for
believing that it has been obtained in consequence of the commission of an
offence.
(8) Nothing may be retained
for a purpose mentioned in subsection (7)(a) if a photograph or copy would be
sufficient for that purpose.
(9) Section 28I of the
Immigration Act 1971 (seized material: access and copying) applies to anything
seized and retained under this section which relates to an immigration offence
as it applies to anything seized and retained by an immigration officer under
Part 3 of that Act.
(11) In this section and section
49 “immigration offence” means an offence which relates to an immigration or
nationality matter.
Duty to pass on items seized under section 48.
49.–(1) This
section applies if an immigration officer exercises –
(a) the power under section
48 to seize or take away an item on the basis that the item or information
contained in it has been obtained in consequence of the commission of, or is
evidence in relation to, an offence other than an immigration offence (a
“relevant offence”), or
(b) a power to that effect
in Part 3 of the Immigration Act 1971 as applied by section 14(3) of the Asylum
and Immigration (Treatment of Claimants etc) Act 2004.
(2) Subject to subsection
(3), the immigration officer must, as soon as is reasonably practicable after
the power is exercised, notify a person who the immigration officer thinks has
functions in relation to the investigation of the relevant offence.
(3) If the immigration
officer has reasonable grounds for believing that the item referred to in
subsection (1) has also been obtained in consequence of the commission of, or
is evidence in relation to, an immigration offence, the immigration officer may
notify a person who the immigration officer thinks has functions in relation to
the investigation of the relevant offence.
(4) A person notified under
this section of the exercise of a power mentioned in subsection (1) in relation
to an item must, as soon as is reasonably practicable after being so notified,
inform the immigration officer whether the person will accept the item.
(5) The person may inform
the immigration officer that the person will not accept the item only if –
(a) the person does not
think the item or information contained in it has been obtained in consequence
of the commission of, or is evidence in relation to, an offence,
(b) the person does not
have functions in relation to the investigation of the relevant offence, or
(c) the person thinks that
it would be more appropriate for the relevant offence to be investigated by
another person with such functions.
(6) If the person informs
the immigration officer that the person will accept the item, the immigration
officer must give it to the person as soon as is reasonably practicable.
(7) Once the item has been
given as mentioned in subsection (6), any provision of an enactment which
applies to items seized or taken away by the person applies to the item as if
it had been seized or taken away by the person for the purposes of the
investigation of the relevant offence.
(8) If the person informs
the immigration officer that the person will not accept the item because
subsection (5)(a) applies, the immigration officer must, as soon as is
reasonably practicable, return the item in accordance with subsection (10).
(9) If the person informs
the immigration officer that the person will not accept the item because
subsection (5)(b) or (c) applies, the immigration officer must, as soon as is
reasonably practicable –
(a) notify the exercise of
a power mentioned in subsection (1) in relation to the item to another person
(if any) who the immigration officer thinks has functions in relation to the
investigation of the relevant offence, or
(b) if there is no such
person, return the item in accordance with subsection (10).
(10) An item which must be
returned in accordance with this subsection must be returned –
(a) to the person from whom
it was seized, or
(b) if there is no such
person, to the place from which it was seized or taken away.
(11) Where an item to which
this section applies or information contained in such an item has been obtained
in consequence of the commission of, or is evidence in relation to, more than
one offence, references in this section to the relevant offence are to any of
those offences.
(12) A function conferred or
imposed by this section on an immigration officer may be exercised by any other
immigration officer.
Search for nationality documents by certain officers.
51.–(1) The Minister
may direct a prison officer or prisoner custody officer to exercise any of the
powers in subsection (6) in relation to a detained person who is detained in a
prison or young offender institution.
(2) The Minister may direct
a prison officer or prisoner custody officer to exercise any of the powers in
subsection (6) in relation to a person detained in a prison or young offender
institution –
(a) who has been
recommended for deportation by a court under section 3(6) of the Immigration
Act 1971, or
(b) in respect of whom the
Minister has made a deportation order under section 5(1) of that Act.
(3) In this section and
section 52 “relevant officer” means a prison officer or prisoner custody
officer.
(4) The Minister may give a
direction in relation to a person detained as mentioned in subsection (1) or
(2) only if the Minister has reasonable grounds to believe a relevant nationality
document will be found if a power in subsection (6) is exercised in relation to
the person.
(5) A relevant officer to
whom a direction is given under subsection (1) or (2) must (if able to do so)
comply with it.
(6) The powers referred to
in subsections (1), (2) and (4) are –
(a) to require the person
to hand over to the relevant officer all relevant nationality documents in his
or her possession,
(b) to search for such
documents and to take possession of any that the relevant officer finds,
(c) to inspect any relevant
nationality documents obtained in the course of the exercise of a power in
paragraph (a) or (b), and
(d) to seize and retain any
such documents so obtained.
(7) The power in subsection
(6)(b) is a power to search any of the following –
(a) the person;
(b) anything the person has
with him or her;
(c) the person’s
accommodation in the prison or young offender institution;
(d) any item of the
person’s property in the prison or young offender institution.
(8) A full search may be
carried out under subsection (7)(a); but such a search may not be carried out
in the presence of –
(a) another person detained
as mentioned in subsection (1) or (2), or
(b) a person of the
opposite sex.
(9) An intimate search may
not be carried out under subsection (7)(a).
(10) A relevant officer may
if necessary use reasonable force for the purposes of exercising a power in
subsection (6)(a) or (b).
(11) A relevant officer must
pass a relevant nationality document seized and retained under subsection
(6)(d) to the Minister as soon as is reasonably practicable.
(12) The Minister may retain
a relevant nationality document which comes into the Minister’s possession
under subsection (11) while the Minister suspects that –
(a) a person to whom the
document relates may be liable to removal from Jersey in accordance with a
provision of the Immigration Acts, and
(b) retention of the
document may facilitate the removal.
(13) If subsection (12) does
not apply to a document which comes into the Minister’s possession under this
section, the Minister may –
(a) arrange for the
document to be returned in accordance with subsection (14), or
(b) if the Minister thinks
that it would not be appropriate to return the document, dispose of the
document in such manner as the Minister thinks appropriate.
(14) A document which is
required to be returned in accordance with this subsection must be returned to
–
(a) the person who was
previously in possession of it, or
(b) if it was not found in
the possession of a person, the location in which it was found.
(15) In this section and
section 52 –
“full search” means a search which involves the removal of an item
of clothing which –
(a) is being worn wholly or
partly on the trunk, and
(b) is being so worn either
next to the skin or next to an article of underwear;
“intimate search” means a search which consists of a physical
examination of a person’s body orifices other than the mouth;
“nationality document” means a document which might –
(a) establish a person’s
identity, nationality or citizenship, or
(b) indicate the place from
which a person has travelled to Jersey or to which a person is proposing to go.
(16) For the purposes of
this section and section 52 a nationality document is “relevant” if it relates
to a person who is liable to removal from Jersey in accordance with a provision
of the Immigration Acts.
(17) In this section
“detained person” means persons a person detained or required to be detained
under the 1971 Act or under section 62 of the Nationality, Immigration and
Asylum Act 2002 (detention by Minister).
Seizure of nationality documents by detainee custody officers etc.
52.–(1) A relevant
officer may seize a nationality document which the relevant officer finds in
the course of the exercise of a power to search other than one conferred by
section 51.
(2) Where a relevant
officer seizes a nationality document under subsection (1), the relevant
officer –
(a) (must seek the consent
of the Minister to retain the document, and
(b) if the relevant officer
obtains the Minister’s consent, must pass the document to the Minister as soon
as is practicable.
(3) The Minister may give
consent under subsection (2) only if the Minister has reasonable grounds to
believe that –
(a) the document is a
relevant nationality document, and
(b) the document may
facilitate the removal of the person to whom it relates from Jersey in
accordance with a provision of the Immigration Acts.
(4) If the Minister does
not give consent under subsection (2), the Minister must –
(a) direct the relevant
officer to return the document as mentioned in subsection (5), or
(b) if the Minister thinks
that it would not be appropriate to return the document, direct the relevant
officer to dispose of the document in such manner as the Minister may direct.
(5) A document which is required
to be returned in accordance with this subsection must be returned to –
(a) the person who was
previously in possession of it, or
(b) if it was not found in
the possession of a person, the location in which it was found.
(6) The Minister may retain
a relevant nationality document which comes into the Minister’s possession
under this section while the Minister suspects that –
(a) a person to whom the
document relates may be liable to removal from Jersey in accordance with a
provision of the Immigration Acts, and
(b) retention of the
document may facilitate the removal.
(7) If subsection (6) does
not apply to a document which comes into the Minister’s possession under this
section, the Minister may –
(a) arrange for the
document to be returned in accordance with subsection (5), or
(b) if the Minister thinks
that it would not be appropriate to return the document, dispose of the
document in such manner as the Minister thinks appropriate.
Interpretation of Part.
58.–(1) In
this Part “immigration officer” means a person appointed in accordance with
paragraph 1 of Schedule 2 to the Immigration Act 1971.
(2) In this Part “premises”
and “item subject to legal privilege” have the same meaning has in the Police Procedures and
Criminal Evidence (Jersey) Law 2003
Detention
Guidance on detention of vulnerable persons.
59.–(1) The
Minister must issue guidance specifying matters to be taken into account by a
person to whom the guidance is addressed in determining –
(a) whether a person (“P”)
would be particularly vulnerable to harm if P were to be detained or to remain
in detention, and
(b) if P is identified as
being particularly vulnerable to harm in those circumstances, whether P should
be detained or remain in detention.
(2) In subsection (1)
“detained” means detained under –
(a) the Immigration Act
1971, or
(b) section 62 of the
Nationality, Immigration and Asylum Act 2002,
and “detention” is to be construed accordingly.
(3) A person to whom
guidance under this section is addressed must take the guidance into account.
(4) Before issuing guidance
under this section the Minister must present a draft of the guidance to the
States.
(5) Guidance under this
section comes into force on the date specified by the Minister when the
guidance is issued.
(6) The Minister may from
time to time review guidance under this section and may revise and re-issue it.
(7) References in this
section to guidance under this section include revised guidance.
Limitation on detention of pregnant women.
60.–(1) This
section applies to a woman if the Minister is satisfied that the woman is
pregnant.
(2) A woman to whom this
section applies may not be detained under a relevant detention power unless the
Minister is satisfied that –
(a) the woman will shortly
be removed from Jersey, or
(b) there are exceptional
circumstances which justify the detention.
(3) In determining whether
to authorise the detention under a relevant detention power of a woman to whom
this section applies, a person who, apart from this section, has power to
authorise the detention must have regard to the woman’s welfare.
(4) A woman to whom this
section applies may not be detained under a relevant detention power for a
period of –
(a) more than 72 hours from
the relevant time, or
(b) more than seven days
from the relevant time, in a case where the longer period of detention is
authorised personally by a Minister (within the meaning of the States of Jersey Law 2005).
(5) In subsection (4) “the
relevant time” means the later of –
(a) the time at which the
Minister is first satisfied that the woman is pregnant, and
(b) the time at which the
detention begins.
(6) A woman to whom this
section applies who has been released following detention under a relevant
detention power may be detained again under such a power in accordance with
this section.
(7) This section does not
apply to the detention under paragraph 16(2) of Schedule 2 to the Immigration
Act 1971 of an unaccompanied child to whom paragraph 18B of that Schedule
applies.
(8) In this section –
“relevant detention power” means a power to detain under –
(a) paragraph 16(2) of
Schedule 2 to the Immigration Act 1971 (detention of persons liable to
examination or removal),
(b) paragraph 2(1), (2) or
(3) of Schedule 3 to that Act (detention pending deportation), or
(c) section 62 of the
Nationality, Immigration and Asylum Act 2002 (detention of persons liable to
examination or removal);
“woman” means a female of any age.
Passports
Power to make passport fees Orders.
86.–(1) The
Minister may by Order provide for fees to be charged in respect of the exercise
by the Minister of such functions in connection with applications for the issue
of a passport or other travel document as may be specified.
(2) An Order under
subsection (1) is referred to in this section and section 87 as a “passport
fees Order”.
(3) A passport fees Order
must provide for the fee in respect of the exercise of each specified function
to comprise one or more amounts each of which is –
(a) a specified fixed
amount, or
(b) an amount calculated by
reference to a specified hourly rate or other specified factor.
(4) Provision made under
subsection (3) may be intended to result in a fee in respect of a specified
function which exceeds the costs of exercising the function.
(5) In respect of any fee
provided for under this section, a passport fees Order may –
(a) provide for exceptions;
(b) provide for the
reduction, waiver or refund of part or all of a fee (whether by conferring a
discretion or otherwise);
(c) make provision about –
(i) the consequences of
failure to pay a fee;
(ii) enforcement;
(iii) when a fee may or
must be paid.
(6) In this section –
“costs” includes –
(a) the costs of the
Minister, and
(b) the costs of any other
person (whether or not funded from public money);
“function” includes a power or a duty;
“specified” means specified in a passport fees Order;
“travel document” means a document which enables or facilitates
travel from one state to another and a “UK travel document” means such a
document issued by the Secretary of State;
“United Kingdom passport” has the same meaning as in the Immigration
Act 1971 (see section 33 of that Act).
(7) Any reference in this
section to the exercise of a function includes a reference to its exercise in
particular circumstances, including its exercise –
(a) at particular times or
in a particular place;
(b) under particular
arrangements;
(c) otherwise in particular
ways,
and, for this purpose, “arrangements” includes arrangements for the
convenience of applicants or persons making requests for the exercise of a
function.
Passport fees Orders: supplemental.
87.–(1) A
fee under section 86 may relate to something done outside Jersey.
(2) Fees payable by virtue
of section 86 may be recovered as a debt due to the Minister.
(3) Fees paid to the
Minister by virtue of section 86 shall form part of the annual income of the
States.
(4) Section 86 is without
prejudice to any other power to charge a fee.
Power to charge for passport validation services.
88.–(1) The
Minister may charge a fee in respect of the provision of passport validation
services to persons on request.
(2) “Passport validation
services” are services in connection with confirming the validity of United
Kingdom passports or the accuracy of the information contained in them which
are provided for the purpose of preventing or detecting crime.
(3) In this section “United
Kingdom passport” has the same meaning as in the Immigration Act 1971 (see
section 33 of that Act).
(4) A fee payable under
this section may be recovered as a debt due to the Minister.
(5) Fees paid to the
Minister under this section shall form part of the annual income of the States.
(6) This section is without
prejudice to any other power to charge a fee.
PART 9
MISCELLANEOUS AND GENERAL
Welfare of children
Duty regarding the welfare of children.
90. For the avoidance of doubt, this Act does
not limit any duty imposed on the Minister or any person by section 55 of the
Borders, Citizenship and Immigration Act 2009 (duty regarding welfare of
children).
Final provisions
Short title.
96. This Act may be cited as the Immigration
Act 2016.