UK Offence Report

General offences in connection with administration of Act

paragraph 26(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The provision has been revoked and no saving provision preserving liability for earlier conduct was found.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 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, without reasonable excuse, he refuses or fails to submit to examination under Schedule

2 to this Act;

b if, without reasonable excuse, he refuses or 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 or regulations 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.

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 This is the text as originally made; later amendments are not shown here.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
obstructing an official exercising a power
Fault element
Objective fault
Burden of proof
An element of the offence, for the prosecution to prove

The prosecution must prove that the conduct happened and that it fell below the standard the provision sets. That is an objective test - what a reasonable person in the same position would have done, not what this defendant actually thought.

What a person personally believed or intended is not the question; the standard is what was reasonable.

“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: objective standard in the offence-creating words: reasonable cause to believe; qualified by reasonable excuse (an element; prosecution disproves once raised).

The defence, as drafted

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 or fails to furnish or produce any information in his possession, or any documents in his possession or control, which he is on an examinat

What would breach paragraph 26(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. Refusing to let an inspector onto premises they are entitled to enter under the Immigration (Isle of Man) Order 2008.
  2. Sending an official away, or telling staff to say nothing, where the power being exercised does not depend on anyone's consent.
  3. Physically blocking an examination, or removing something an officer has said they intend to inspect.

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