UK Offence Report

Illegal entry and similar offences

paragraph 24(1) of SCHEDULE 10 of The Immigration (Isle of Man) Order 2008

The provision has been revoked and no saving provision preserving liability for earlier conduct was found.

What the provision says

1 A person who is not a British citizen shall be guilty of an offence punishable on summary conviction with a fine of not more than level 5 on the standard scale or with custody for not more than six months, or with both, in any of the following cases— a if contrary to this Act he knowingly enters the Isle of Man in breach of a deportation order or without leave; b if, having only a limited leave to enter or remain in the Isle of Man, he knowingly either— i remains beyond the time limited by the leave; or ii fails to observe a condition of the leave; c if, having lawfully entered the Isle of Man 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, or to attend, or submit to a test or examination, as required by, a director of public health or deputy director of public health; 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 the Isle of Man 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 the Isle of Man; g if he embarks in contravention of a restriction imposed by or under an Order in Council under section 3(7) of this Act as it has effect in the United Kingdom.

Text as made, from legislation.gov.uk. © Crown copyright, reused under the Open Government Licence v3.0. This is the text as originally made; later amendments are not shown here.

Who it binds, and what has to be proved

Binds
a person
Conduct
failing to comply with a notice or direction
Fault element
Requires proof of a state of mind
Burden of proof
An element of the offence, for the prosecution to prove

The prosecution must prove both that the conduct happened and that it was done with the state of mind the provision names (knowingly).

“Without reasonable excuse” here is an element of the offence rather than a defence, so its absence is for the prosecution to prove (R v Charles [2009] EWCA Crim 1570).

Classifier’s reasoning: mens rea word in the offence-creating words: knowingly; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

ithout 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, or to attend, or submit to a test or examination, as required by, a director of public health or deputy director of public health; e if, without reasonable excu

What would breach paragraph 24(1) of SCHEDULE 10?

These are illustrations, not law. They are generated from the provision’s own words to show the shape of the offence. Whether any particular conduct is caught depends on the full text, on any amendment since, and on the facts.

  1. Being served with a notice under the Immigration (Isle of Man) Order 2008 and doing nothing by the date it specifies.
  2. Doing part of what the notice requires, where it required all of it.
  3. Disagreeing with the notice and ignoring it, rather than using whatever appeal the instrument provides.

Penalty

Mode of trial
Summary only — tried in a magistrates’ court
Maximum fine
Not determined
Standard scale
Level 5
Maximum prison (summary)
Not determined

the level is stated but no money value is given: this instrument extends outside the United Kingdom, where the standard scale set by s.122(1) of the Sentencing Act 2020 does not run.

No penalty was determined from this instrument. It may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence. Absence of a figure here is not evidence that the offence carries no penalty.

Sentencing

Offences of this kind are usually sentenced under the guidelines below. This is a mapping by subject, not a finding about this provision, and the links go to a search of the Sentencing Council’s own site.

Prosecution figures

No published per-offence figure was found for this provision, and it could not be matched to a Ministry of Justice offence code. Offences created by statutory instrument very largely do not have one. Absence of a figure is not evidence that the offence is unused.

Status and lifecycle

Current status
Revoked
Revoked by
The Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (Remedial) Order 2011
Revoked on
9 May 2011
Made
12 March 2008
In force from
Not determined
Extent
Not stated

How this was established: the instrument was revoked by a later instrument found in this corpus.

What the instrument is for

(This note is not part of the Order) — the explanatory note published with the instrument, © Crown copyright.

This Order extends certain provisions of United Kingdom immigration and related legislation to the Isle of Man, with modifications as necessary. In particular, this Order extends provision contained in the following statutes— a the Immigration Act 1971 (c.77); b the Immigration Act 1988 (c.14); c the Asylum and Immigration Act 1996 (c.49); d the Immigration and Asylum Act 1999 (c.33); e the Nationality, Immigration and Asylum Act 2002 (c.41); f the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c.19); g the Immigration, Asylum and Nationality Act 2006 (c.13). The Order revokes and replaces the Immigration (Isle of Man) Order 1991 (S.I. 1991/2630) and Immigration (Isle of Man) Order 1997 (S.I. 1997/275).

Read the full note and every offence in this instrument

Other offences in the same instrument

How this was identified as an offence

Everything above rests on the judgement that this provision creates a criminal offence, rather than mentioning one. That judgement is made by rule, from the words of the provision, and this is the rule that made it — with a confidence of 0.92.

Basis
the provision says a person is “guilty of an offence”; the provision says the conduct is “punishable”
Confidence
0.92 of 1.00

A provision that states a penalty for an offence created elsewhere can read very like one that creates an offence, and the rules can mistake the one for the other. If the text quoted above sets a penalty for something made an offence by another provision, treat the classification on this page with that in mind, and read the instrument.

Check the source