UK Offence Report

SCHEDULE 1A

SCHEDULE 1A of The Immigration (Jersey) Order 2021

This offence was read from the text as made, and no revised version was available, so a later revocation could not be ruled out. Check the current text at legislation.gov.uk.

What the provision says

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;

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 This is the text as originally made; later amendments are not shown here.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
contravening a requirement of the instrument
Fault element
Requires proof of a state of mind
Burden of proof
Legal burden on the defendant

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

The provision gives a defence the defendant must prove, on the balance of probabilities. A legal burden of that kind can be read down to a merely evidential one under section 3 of the Human Rights Act 1998 where placing it on the defendant would be disproportionate (R v Lambert [2001] UKHL 37; Sheldrake v DPP [2004] UKHL 43).

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

ing 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

What would breach SCHEDULE 1A?

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. Doing the thing the provision prohibits under the Immigration (Jersey) Order 2021, whatever the reason for doing it.
  2. Where the requirement is a positive duty, letting the time for performing it pass without performing it.

Penalty

Mode of trial
Not determined
Maximum fine
£1,000
Standard scale
Level 3
Maximum prison (summary)
6 months

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
Status not determined
Made
10 November 2021
In force from
Not determined
Extent
Not stated

How this was established: read from the text as made; no revised version available, so later revocation could not be ruled out.

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 Jersey, with modifications as necessary. In particular, this Order extends provision contained in the following statutes— a the Immigration Act 1971 (c.77); b the British Nationality Act 1981 (c.61); c the Criminal Justice Act 1982 (c.48); d the Immigration Act 1988 (c.14); e the Asylum and Immigration Act 1996 (c.49); f the Immigration and Asylum Act 1999 (c.33); g the Nationality, Immigration and Asylum Act 2002 (c.41); h the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c.19); i the Immigration, Asylum and Nationality Act 2006 (c.13); j the UK Borders Act 2007 (c.30); k the Borders, Citizenship and Immigration Act 2009 (c.11); l the Immigration Act 2014 (c.22); m the Counter-Terrorism and Security Act 2015 (c.6); n the Immigration Act 2016 (c.19); o the Policing and Crime Act 2017 (c.3); p the Sanctions and Anti-Money Laundering Act 2018 (c.13); q the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020 (c.20). The Order revokes and replaces the Immigration (Jersey) Order 1993 (S.I. 1993/1797), the Asylum and Immigration Act 1996 (Jersey) Order 1998 (S.I. 1998/1070), the Immigration and Asylum Act 1999 (Jersey) Order 2003 (S.I. 2003/1252), The Immigration (Jersey) Order 2012 (S.I. 2012/1763), The Immigration and Asylum (Jersey) Order 2012 (S.I. 2012/2593), The Immigration (Jersey) Order 2015 (S.I. 2015/1532), The Immigration (Jersey) Order 2016 (S.I. 2016/994), The Immigration (Jersey) (Amendment) Order 2017 (S.I. 2017/981), The Counter-Terrorism and Security (Jersey) Order2017 (S.I. 2017/982), The Immigration (Biometric Registration) (Jersey) Order 2018 (S.I. 2018/619), The Immigration (Biometric Information) (Jersey) Order 2018 (S.I. 2018/1358) and (subject to a saving provision) The Immigration (EU Withdrawal) (Jersey) Order 2020 (S.I. 2020/1566).

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