UK Offence Report

Arrest without warrant

paragraph 28A(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The provision has been revoked and no saving provision preserving liability for earlier conduct was found.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 constable or 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.

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 This is the text as originally made; later amendments are not shown here.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
an immigration officer
Conduct
breaching the provision
Fault element
Strict liability
Burden of proof
No statutory defence — prosecution proves everything

The prosecution must prove that the conduct happened. This is a strict liability offence as drafted: the provision uses no word of intention, knowledge, recklessness or negligence, so there is no need to show that an immigration officer meant to do it, knew about it, or was careless.

Intention, knowledge and carelessness are irrelevant to guilt. They may still matter a great deal to sentence.

The provision states no defence, so the prosecution bears the burden on every element of the offence.

Classifier’s reasoning: no word of intention, knowledge, recklessness or negligence in the offence or its provision.

What would breach paragraph 28A(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. On these words an offence is committed where an immigration officer has committed or attempted.
  2. Doing what the provision prohibits, or failing to do what it requires under the Immigration (Isle of Man) Order 2008.

Penalty

Mode of trial
Not determined
Maximum fine
Not determined
Maximum prison (summary)
Not determined

no penalty is stated in this instrument; it may be in the enabling Act, or in a general penalties provision this pass did not connect to the offence.

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 “commits an offence”; c10_offence_under_parent_act
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