The Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004

UK Statutory Instrument 2004 No. 1910 — creates 6 criminal offences.

6offences created

0recorded in force

0revoked

Made: 20 July 2004
In force from: 12 August 2004
Extent: Not stated
Subject: Immigration and identity documents
Made under: Immigration and Asylum Act 2002, No. 1910 IMMIGRATION The Nationality, Immigration and Asylum Act 2002

Explanatory note

(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

This Order is made under section 72 of the Nationality, Immigration and Asylum Act 2002 (“the 2002 Act”), which applies for the purpose of the construction and application of Article 33(2) of the United Nations 1951 Convention on the Status of Refugees (“the 1951 Convention”). Article 33(2) allows a person to be removed from the United Kingdom, notwithstanding that he is a refugee within the meaning of the 1951 Convention, if he, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community. Section 72(4)(a) of the 2002 Act states that a person shall be presumed to have been convicted by a final judgement of a particularly serious crime and that he constitutes a danger to the community of the United Kingdom if he is convicted of an offence specified by order of the Secretary of State. This Order specifies that an offence described in any of the six Schedules to it, each reflecting the differing territorial extent of offences, is specified for the purposes of section 72(4)(a). Schedule 1 describes offences that apply throughout the United Kingdom. Schedule 2 describes offences that apply only in England and Wales. Schedule 3 describes offences that apply only in Scotland. Schedule 4 describes offences that apply only in Northern Ireland. Schedule 5 describes offences that apply only in England and Wales and Scotland. Schedule 6 describes offences that apply only in England and Wales and Northern Ireland.

Offences created by this instrument

SCHEDULE 1 SCHEDULE 1 · Status not determined · Mixed — some elements strict, some not
SCHEDULE 1 SCHEDULE 1 · Status not determined · Mixed — some elements strict, some not
SCHEDULE 1 SCHEDULE 1 · Status not determined · Mixed — some elements strict, some not
SCHEDULE 1 SCHEDULE 1 · Status not determined · Mixed — some elements strict, some not
SCHEDULE 1 SCHEDULE 1 · Status not determined · Mixed — some elements strict, some not
SCHEDULE 1 SCHEDULE 1 · Status not determined · Mixed — some elements strict, some not

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

Nationality, Immigration And Asylum Act 2002 (Specification Of Particularly Serious Crimes) Order 2004 Lords · Lords Chamber · 8 November 2004
Moved to resolve, That this House calls upon Her Majesty's Government to withdraw the Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004 (S.I. 2004/1910), laid before the House on 22 July, and to lay a new order which is compatible with the obligations imposed upon the United Kingdom as a Contracting Party to the Convention relating to the Status of Refugees (1951).—(Lord Lester of Herne Hill.)
Nationality, Immigration And Asylum Act 2002 (Specification Of Particularly Serious Crimes) Order 2004 Lords · Lords Chamber · 8 November 2004 · Lord Lester of Herne Hill
rose to move to resolve, That this House calls upon Her Majesty's Government to withdraw the Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004 (S.I. 2004/1910), laid before the House on 22 July, and to lay a new order which is compatible with the obligations imposed upon the United Kingdom as a Contracting Party to the Convention relating to the Status of Refugees (1951).
Nationality, Immigration And Asylum Act 2002 (Specification Of Particularly Serious Crimes) Order 2004 Lords · Lords Chamber · 8 November 2004
UK Borders Bill Lords · Grand Committee · 23 July 2007 · Lord Bassam of Brighton
I am grateful to the noble Lord, Lord Avebury, as this debate gives us a chance to focus a little attention on an important issue. The definition of a foreign criminal in Clause 31 of the Bill means that automatic deportation will apply to foreign nationals who have been sentenced to imprisonment for either a period of 12 months or more or any length of time for an offence listed on the Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004. Amendment No. 52 would alter the first of those conditions, allowing for the automatic deportation of…
Criminal Justice and Immigration Bill Lords · Lords Chamber · 10 March 2008 · Lord Avebury
The attempt by the Government to create a special immigration status for certain categories of people is a glaring example of the old adage that hard cases make bad law. These clauses are here because of an Afghan airliner that was hijacked to Britain eight years ago by people belonging to a political organisation whose members had been arrested and tortured in Afghanistan. The Court of Appeal set aside the convictions of nine men who were involved in the hijack, and the adjudicators who then considered their applications for asylum decided that they were excluded from the protection of the…

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

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