SCHEDULE 1A

SCHEDULE 1A of The Immigration (Jersey) Order 2021

Status not determined
Mixed — some elements strict, some not
Immigration and identity documents

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

Deception. 24A.—(1) A person who is not
a British citizen is guilty of an offence if, by means which include deception by him— (a) he obtains or seeks to obtain leave to enter or remain in Jersey; or (b) he secures or seeks to secure the avoidance, postponement or revocation of enforcement action against him.

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 This is the text as originally made; later amendments are not shown here.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: breaching the provision
Fault element: Mixed — some elements strict, some not
Burden of proof: Legal burden on the defendant

The prosecution must prove the conduct, and - for those elements the provision qualifies (believing that, knowingly, knows that, with intent to) - the state of mind it names. The remaining elements carry no fault requirement, so they are strict.

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: no fault word in the offence-creating words, but the surrounding provision uses knowingly, with intent to, knows that, believing that, reasonably practicable, reasonable cause to believe, ought to have known - which element it governs was not determined; 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.

Doing what the provision prohibits, or failing to do what it requires under the Immigration (Jersey) Order 2021.

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.

Reduction in sentence for a guilty plea: definitive guideline All courts in England and Wales · in force from 1 June 2017
The sliding scale of credit for pleading guilty, from one third at the first stage of proceedings downwards.
General guideline: overarching principles All courts in England and Wales · in force from 1 October 2019
The guideline a court uses when there is no offence-specific guideline, which is the position for the overwhelming majority of offences created by statutory instrument. It sets out how culpability and harm are assessed from first principles.
Totality: definitive guideline All courts in England and Wales
How to sentence more than one offence at once so that the total is just and proportionate - frequently in point here, because regulatory prosecutions commonly charge several breaches of the same instrument.

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 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

In subsection (1) – (a) for the words “punishable on summary conviction with a fine of not more than level 5…SCHEDULE 1
and 46; the 1996 Act s.6(b); the 1999 Act s.30(2) and (3); the 2002 Act s.151(b) and Schedule 9 paragraph 1…SCHEDULE 1
ed by the 2002 Act s.149 In subsection (4) for paragraphs (a) and (b) substitute “to imprisonment for a term…SCHEDULE 1
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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”
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

This provision on legislation.gov.uk The authoritative text. Check it before relying on anything here.
The Immigration (Jersey) Order 2021 Every offence this instrument creates, and its explanatory note
Immigration and identity documentsOther offences on the same subject
Offences created in 2021