Office of Public Sector Information
SCHEDULE 10 continued PART 1 continued
(1A) A person commits an offence under subsection (1)(b)(i) above on the day when he first knows that the time limited by his leave has expired and continues to commit it throughout any period during which he is in the Isle of Man thereafter; but a person shall not be prosecuted under that provision more than once in respect of the same limited leave.
(3) The extended time limit for prosecutions which is provided for by section 28 below shall apply to offences under subsection (1)(a) and (c) above.
(4) In proceedings for an offence against subsection (1)(a) above of entering the Isle of Man without leave—
(a) any stamp purporting to have been imprinted on a passport or other travel document by an immigration officer on a particular date for the purpose of giving leave shall be presumed to have been duly so imprinted, unless the contrary is proved;
(b) proof that a person had leave to enter the Isle of Man 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.
(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 the Isle of Man; or
(b) he secures or seeks to secure the avoidance, postponement or revocation of enforcement action against him.
(2) “Enforcement action”, in relation to a person, means—
(a) the giving of directions for his removal from the Isle of Man (“directions”) under Schedule 2 to this Act or section 10 of the Immigration and Asylum Act 1999;
(b) the making of a deportation order against him under section 5 of this Act; or
(c) his removal from the Isle of Man in consequence of directions or a deportation order.
(3) A person guilty of an offence under this section is liable—
(a) on summary conviction, to custody for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or
(b) on conviction on information, to custody for a term not exceeding two years or to a fine, or to both.
(1) A person commits an offence if he—
(a) does an act which facilitates the commission of a breach of immigration law by an individual who is not a citizen of the European Union,
(b) knows or has reasonable cause for believing that the act facilitates the commission of a breach of immigration law by the individual, and
(c) knows or has reasonable cause for believing that the individual is not a citizen of the European Union.
(2) In subsection (1) “immigration law” means a law which has effect in a member State and which controls, in respect of some or all persons who are not nationals of the State, entitlement to—
(a) enter the State,
(b) transit across the State, or
(c) be in the State.
(3) A document issued by the government of a member State certifying a matter of law in that State—
(a) shall be admissible in proceedings for an offence under this section, and
(b) shall be conclusive as to the matter certified.
(4) Subsection (1) applies to anything done—
(a) in the Isle of Man,
(b) outside the Isle of Man by an individual to whom subsection (5) applies, or
(c) outside the Isle of Man by a body incorporated under the law of the Isle of Man.
(5) This subsection applies to—
(a) a British citizen,
(b) a British overseas territories citizen,
(c) a British National (Overseas),
(d) a British Overseas citizen,
(e) a person who is a British subject under the British Nationality Act 1981, and
(f) a British protected person within the meaning of that Act.
(6) A person guilty of an offence under this section shall be liable—
(a) on conviction on information, to custody for a term not exceeding 14 years, to a fine or to both, or
(b) on summary conviction, to custody for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
(7) In this section—
(a) a reference to a member State includes a reference to a State on a list prescribed for the purposes of this section as it has effect in the United Kingdom by order of the Secretary of State (to be known as the “Section 25 List of Schengen Acquis States”), and
(b) a reference to a citizen of the European Union includes a reference to a person who is a national of a State on that list.
(1) A person commits an offence if—
(a) he knowingly and for gain facilitates the arrival in the Isle of Man of an individual, and
(b) he knows or has reasonable cause to believe that the individual is an asylum-seeker.
(2) In this section “asylum-seeker” means a person who intends to claim that to remove him from or require him to leave the Isle of Man would be contrary to the United Kingdom’s obligations under—
(a) the Convention relating to the Status of Refugees done at Geneva on 28 July 1951 and the Protocol to the Convention, or
(b) the Human Rights Convention (as defined in section 167(1) of the Immigration and Asylum Act 1999).
(3) Subsection (1) does not apply to anything done by a person acting on behalf of an organisation which—
(a) aims to assist asylum-seekers, and
(b) does not charge for its services.
(4) Subsections (4) to (6) of section 25 apply for the purpose of the offence in subsection (1) of this section as they apply for the purpose of the offence in subsection (1) of that section.
(1) A person commits an offence if he—
(a) does an act which facilitates a breach of a deportation order in force against an individual who is a citizen of the European Union, and
(b) knows or has reasonable cause for believing that the act facilitates a breach of the deportation order.
(2) Subsection (3) applies where the Governor personally directs that the exclusion from the Isle of Man of an individual who is a citizen of the European Union is conducive to the public good.
(3) A person commits an offence if he—
(a) does an act which assists the individual to arrive in, enter or remain in the Isle of Man,
(b) knows or has reasonable cause for believing that the act assists the individual to arrive in, enter or remain in the Isle of Man, and
(c) knows or has reasonable cause for believing that the Governor has personally directed that the individual’s exclusion from the Isle of Man is conducive to the public good.
(4) Subsections (4) to (6) of section 25 apply for the purpose of an offence under this section as they apply for the purpose of an offence under that section.
(1) This section applies where a person is convicted on information of an offence under section 25, 25A or 25B.
(2) The court may order the forfeiture of a vehicle used or intended to be used in connection with the offence if the convicted person—
(a) owned the vehicle at the time the offence was committed,
(b) was at that time a director, secretary or manager of a company which owned the vehicle,
(c) was at that time in possession of the vehicle under a hire-purchase agreement,
(d) was at that time a director, secretary or manager of a company which was in possession of the vehicle under a hire-purchase agreement, or
(e) was driving the vehicle in the course of the commission of the offence.
(3) The court may order the forfeiture of a ship or aircraft used or intended to be used in connection with the offence if the convicted person—
(a) owned the ship or aircraft at the time the offence was committed,
(b) was at that time a director, secretary or manager of a company which owned the ship or aircraft,
(c) was at that time in possession of the ship or aircraft under a hire-purchase agreement,
(d) was at that time a director, secretary or manager of a company which was in possession of the ship or aircraft under a hire-purchase agreement,
(e) was at that time a charterer of the ship or aircraft, or
(f) committed the offence while acting as captain of the ship or aircraft.
(4) But in a case to which subsection (3)(a) or (b) does not apply, forfeiture may be ordered only—
(a) in the case of a ship, if subsection (5) or (6) applies;
(b) in the case of an aircraft, if subsection (5) or (7) applies.
(5) This subsection applies where—
(a) in the course of the commission of the offence, the ship or aircraft carried more than 20 illegal entrants, and
(b) a person who, at the time the offence was committed, owned the ship or aircraft or was a director, secretary or manager of a company which owned it, knew or ought to have known of the intention to use it in the course of the commission of an offence under section 25, 25A or 25B.
(6) This subsection applies where a ship’s gross tonnage is less than 500 tons.
(7) This subsection applies where the maximum weight at which an aircraft (which is not a hovercraft) may take off in accordance with its certificate of airworthiness is less than 5,700 kilogrammes.
(8) Where a person who claims to have an interest in a vehicle, ship or aircraft applies to a court to make representations on the question of forfeiture, the court may not make an order under this section in respect of the ship, aircraft or vehicle unless the person has been given an opportunity to make representations.
(9) In the case of an offence under section 25, the reference in subsection (5)(a) to an illegal entrant shall be taken to include a reference to—
(a) an individual who seeks to enter a member State in breach of immigration law (for which purpose “member State” and “immigration law” have the meanings given by section 25(2) and (7)), and
(b) an individual who is a passenger for the purpose of section 145 of the Nationality, Immigration and Asylum Act 2002 (traffic in prostitution) or section 4 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (trafficking people for exploitation).
(10) In the case of an offence under section 25A, the reference in subsection (5)(a) to an illegal entrant shall be taken to include a reference to—
(a) an asylum-seeker (within the meaning of that section), and
(b) an individual who is a passenger for the purpose of section 145 of the Nationality, Immigration and Asylum Act 2002 (traffic in prostitution) or section 4 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (trafficking people for exploitation).
(11) In the case of an offence under section 25B, the reference in subsection (5)(a) to an illegal entrant shall be taken to include a reference to an individual who is a passenger for the purpose of section 145 of the Nationality, Immigration and Asylum Act 2002 (traffic in prostitution) or section 4 of the Asylum and Immigration (Treatment of Claimants, etc) Act 2004 (trafficking people for exploitation).
(1) If a person has been arrested for an offence under section 25, 25A or 25B, a senior officer or a constable may detain a relevant ship, aircraft or vehicle—
(a) until a decision is taken as to whether or not to charge the arrested person with that offence; or
(b) if the arrested person has been charged—
(i) until he is acquitted, the charge against him is dismissed or the proceedings are discontinued; or
(ii) if he has been convicted, until the court decides whether or not to order forfeiture of the ship, aircraft or vehicle.
(2) A ship, aircraft or vehicle is a relevant ship, aircraft or vehicle, in relation to an arrested person, if it is one which the officer or constable concerned has reasonable grounds for believing could, on conviction of the arrested person for the offence for which he was arrested, be the subject of an order for forfeiture made under section 25C.
(3) A person (other than the arrested person) may apply to the court for the release of a ship, aircraft or vehicle on the grounds that—
(a) he owns the ship, aircraft or vehicle,
(b) he was, immediately before the detention of the ship, aircraft or vehicle, in possession of it under a hire-purchase agreement, or
(c) he is a charterer of the ship or aircraft.
(4) The court to which an application is made under subsection (3) may, on such security or surety being tendered as it considers satisfactory, release the ship, aircraft or vehicle on condition that it is made available to the court if—
(a) the arrested person is convicted; and
(b) an order for its forfeiture is made under section 25C.
(6) “Court” means—
(a) if the arrested person has not been charged, or if he has been charged but proceedings for the offence have not begun to be heard, a court of summary jurisdiction;
(b) if he has been charged and proceedings for the offence are being heard, the court hearing the proceedings.
(8) “Senior officer” means an immigration officer not below the rank of chief immigration officer.
(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.
(2) The extended time limit for prosecutions which is provided for by section 28 below shall apply to offences under subsection (1)(c) and (d) above.
(3) “Relevant enactment” means—
(a) this Act;
(b) the Immigration Act 1988;
(d) the Immigration and Asylum Act 1999 (apart from Part 6); or
(e) the Nationality, Immigration and Asylum Act 2002 (apart from Part 5).
(1) In this section “registration card” means a document which—
(a) carries information about a person (whether or not wholly or partly electronically), and
(b) is issued by the Secretary of State under this Act as it has effect in the United Kingdom to the person wholly or partly in connection with a claim for asylum (whether or not made by that person).
(2) In subsection (1) “claim for asylum” has the meaning given by section 18 of the Nationality, Immigration and Asylum Act 2002, as that Act has effect in the United Kingdom.
(3) A person commits an offence if he—
(a) makes a false registration card,
(b) alters a registration card with intent to deceive or to enable another to deceive,
(c) has a false or altered registration card in his possession without reasonable excuse,
(d) uses or attempts to use a false registration card for a purpose for which a registration card is issued,
(e) uses or attempts to use an altered registration card with intent to deceive,
(f) makes an article designed to be used in making a false registration card,
(g) makes an article designed to be used in altering a registration card with intent to deceive or to enable another to deceive, or
(h) has an article within paragraph (f) or (g) in his possession without reasonable excuse.
(4) In subsection (3) “false registration card” means a document which is designed to appear to be a registration card.
(5) A person who is guilty of an offence under subsection (3)(a), (b), (d), (e), (f) or (g) shall be liable—
(a) on conviction on information, to custody for a term not exceeding ten years, to a fine or to both, or
(b) on summary conviction, to custody for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
(6) A person who is guilty of an offence under subsection (3)(c) or (h) shall be liable—
(a) on conviction on information, to custody for a term not exceeding two years, to a fine or to both, or
(b) on summary conviction, to custody for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
(7) The Secretary of State may by order—
(a) amend the definition of “registration card” in subsection (1);
(b) make consequential amendment of this section.
(7A) An order made by the Secretary of State under subsection (7) shall have effect in the Isle of Man as it has effect in the United Kingdom.
(1) A person commits an offence if he has an immigration stamp in his possession without reasonable excuse.
(2) A person commits an offence if he has a replica immigration stamp in his possession without reasonable excuse.
(3) In this section—
(a) “immigration stamp” means a device which is designed for the purpose of stamping documents in the exercise of an immigration function,
(b) “replica immigration stamp” means a device which is designed for the purpose of stamping a document so that it appears to have been stamped in the exercise of an immigration function, and
(c) “immigration function” means a function of an immigration officer or the Governor under the Immigration Acts.
(4) A person who is guilty of an offence under this section shall be liable—
(a) on conviction on information, to custody for a term not exceeding two years, to a fine or to both, or
(b) on summary conviction, to custody for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
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, being the captain of a ship or aircraft—
(i) he knowingly permits a person to disembark in the Isle of Man when required under Schedule 2 or 3 to this Act to prevent it, or fails without reasonable excuse to take any steps he is required by or under Schedule 2 to take in connection with the disembarkation or examination of passengers or for furnishing a passenger list or particulars of members of the crew; or
(ii) he fails, without reasonable excuse, to comply with any directions given him under Schedule 2 or 3 or under the Immigration and Asylum Act 1999 with respect to the removal of a person from the Isle of Man;
(b) if, as owner or agent of a ship or aircraft—
(i) he arranges, or is knowingly concerned in any arrangements, for the ship or aircraft to call at a port other than a port of entry contrary to any provision of Schedule 2 to this Act; or
(ii) he fails, without reasonable excuse, to take any steps required by an order under Schedule 2 for the supply to passengers of landing or embarkation cards; or
(iii) he fails, without reasonable excuse, to make arrangements for or in connection with the removal of a person from the Isle of Man when required to do so by directions given under Schedule 2 or 3 to this Act or under the Immigration and Asylum Act 1999; or
(iv) he fails, without reasonable excuse, to comply with the requirements of paragraph 27B or 27C of Schedule 2;
(c) if, as owner or agent of a ship or aircraft or as a person concerned in the management of a port, he fails, without reasonable excuse, to take any steps required by Schedule 2 in relation to the embarkation or disembarkation of passengers where a control area is designated.
(1) Where the offence is one to which, under section 24 or 26 above, an extended time limit for prosecution is to apply, then a complaint relating to the offence may be tried by a court of summary jurisdiction—
(a) if it is made within six months after the commission of the offence, or
(b) if it is made—
(i) within three years after the commission of the offence, and
(ii) not more than two months after the date certified by the chief constable to be the date on which evidence sufficient to justify proceedings came to the notice of a constable.
(3) For the purposes of the trial of a person for an offence under this Part of this Act, the offence shall be deemed to have been committed either at the place at which it actually was committed or at any place at which he may be.
(4) Any powers exercisable under this Act in the case of any person may be exercised notwithstanding that proceedings for an offence under this Part of this Act have been taken against him.
(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.
(2) But subsection (1) does not apply in relation to an offence under section 24(1)(d).
(3) An immigration officer may arrest without warrant a person—
(a) who has committed an offence under section 25, 25A or 25B; or
(b) whom he has reasonable grounds for suspecting has committed that offence.
(5) An immigration officer may arrest without warrant a person (“the suspect”) who, or whom he has reasonable grounds for suspecting—
(a) has committed or attempted to commit an offence under section 26(1)(g); or
(b) is committing or attempting to commit that offence.
(6) The power conferred by subsection (5) is exercisable only if either the first or the second condition is satisfied.
(7) The first condition is that it appears to the officer that service of a summons is impracticable or inappropriate because—
(a) he does not know, and cannot readily discover, the suspect’s name;
(b) he has reasonable grounds for doubting whether a name given by the suspect as his name is his real name;
(c) the suspect has failed to give him a satisfactory address for service; or
(d) he has reasonable grounds for doubting whether an address given by the suspect is a satisfactory address for service.
(8) The second condition is that the officer has reasonable grounds for believing that arrest is necessary to prevent the suspect—
(a) causing physical injury to himself or another person;
(b) suffering physical injury; or
(c) causing loss of or damage to property.
(9) For the purposes of subsection (7), an address is a satisfactory address for service if it appears to the officer—
(a) that the suspect will be at that address for a sufficiently long period for it to be possible to serve him with a summons; or
(b) that some other person specified by the suspect will accept service of a summons for the suspect at that address.
(9A) A constable or immigration officer may arrest without warrant a person—
(a) who has committed an offence under section 26A or 26B; or
(b) whom he has reasonable grounds for suspecting has committed an offence under section 26A or 26B.
(10) In relation to the exercise of the powers conferred by subsections (3)(b) and (5), it is immaterial that no offence has been committed.
(1) This section applies if on an application by an immigration officer a justice of the peace is satisfied that there are reasonable grounds for suspecting that a person has committed an offence under—
(a) section 24(1)(d), or
(b) section 8 of the Asylum and Immigration Act 1996 (employment: offence).
(2) The justice of the peace may grant a warrant authorising any immigration officer to arrest the person.
(1) Subsection (2) applies if a justice of the peace is, by written information on oath, satisfied that there are reasonable grounds for suspecting that a person (“the suspect”) who is liable to be arrested for a relevant offence is to be found on any premises.
(2) The justice may grant a warrant authorising any immigration officer or constable to enter, if need be by force, the premises named in the warrant for the purpose of searching for and arresting the suspect.
(5) “Relevant offence” means an offence under section 24(1)(a), (b), (c), (d), (e) or (f), 24A, 26A or 26B.
(1) An immigration officer may enter and search any premises for the purpose of arresting a person for an offence under section 25, 25A or 25B.
(2) The power may be exercised—
(a) only to the extent that it is reasonably required for that purpose; and
(b) only if the officer has reasonable grounds for believing that the person whom he is seeking is on the premises.
(3) In relation to premises consisting of two or more separate dwellings, the power is limited to entering and searching—
(a) any parts of the premises which the occupiers of any dwelling comprised in the premises use in common with the occupiers of any such other dwelling; and
(b) any such dwelling in which the officer has reasonable grounds for believing that the person whom he is seeking may be.
(4) The power may be exercised only if the officer produces identification showing that he is an immigration officer (whether or not he is asked to do so).
(1) A constable or immigration officer may enter and search any business premises for the purpose of arresting a person—
(a) for an offence under section 24,
(b) for an offence under section 24A, or
(c) under paragraph 17 of Schedule 2.
(2) The power under subsection (1) may be exercised only—
(a) to the extent that it is reasonably required for a purpose specified in subsection (1),
(b) if the constable or immigration officer has reasonable grounds for believing that the person whom he is seeking is on the premises,
(c) with the authority of the Governor (in the case of an immigration officer) or the Chief Constable or Deputy Chief Constable (in the case of a constable), and
(d) if the constable or immigration officer produces identification showing his status.
(3) Authority for the purposes of subsection (2)(c)—
(a) may be given on behalf of the Governor only by a civil servant of the rank of at least Senior Executive Officer, and
(b) shall expire at the end of the period of seven days beginning with the day on which it is given.
(4) Subsection (2)(d) applies—
(a) whether or not a constable or immigration officer is asked to produce identification, but
(b) only where premises are occupied.
(5) Subsection (6) applies where a constable or immigration officer—
(a) enters premises in reliance on this section, and
(b) detains a person on the premises.
(1) If, on an application made by an immigration officer, a justice of the peace is satisfied that there are reasonable grounds for believing that—
(a) a relevant offence has been committed,
(b) there is material on premises specified in the application which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence,
(c) the material is likely to be relevant evidence,
(d) the material does not consist of or include items subject to legal privilege, excluded material or special procedure material, and
(e) any of the conditions specified in subsection (2) applies,
he may issue a warrant authorising an immigration officer to enter and search the premises.
(2) The conditions are that—
(a) it is not practicable to communicate with any person entitled to grant entry to the premises;
(b) it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the evidence;
(c) entry to the premises will not be granted unless a warrant is produced;
(d) the purpose of a search may be frustrated or seriously prejudiced unless an immigration officer arriving at the premises can secure immediate entry to them.
(3) An immigration officer may seize and retain anything for which a search has been authorised under subsection (1).
(4) “Relevant offence” means an offence under section 24(1)(a), (b), (c), (d), (e) or (f), 24A, 25, 25A, 25B, 26A or 26B.
(5) Expressions which are given a meaning by the Police Powers and Procedures Act 1998 (an Act of Tynwald) have the same meaning when used in this section.
(1) This section applies if a person is arrested for an offence under this Part at a place other than a police station.
(2) An immigration officer may enter and search any premises—
(a) in which the person was when arrested, or
(b) in which he was immediately before he was arrested,
for evidence relating to the offence for which the arrest was made (“relevant evidence”).
(3) The power may be exercised—
(a) only if the officer has reasonable grounds for believing that there is relevant evidence on the premises; and
(b) only to the extent that it is reasonably required for the purpose of discovering relevant evidence.
(4) In relation to premises consisting of two or more separate dwellings, the power is limited to entering and searching—
(a) any dwelling in which the arrest took place or in which the arrested person was immediately before his arrest; and
(b) any parts of the premises which the occupier of any such dwelling uses in common with the occupiers of any other dwellings comprised in the premises.
(5) An officer searching premises under subsection (2) may seize and retain anything he finds which he has reasonable grounds for believing is relevant evidence.
(6) Subsection (5) does not apply to items which the officer has reasonable grounds for believing are items subject to legal privilege.
(1) An immigration officer may enter and search any premises occupied or controlled by a person arrested for an offence under section 25, 25A, 25B.
(2) The power may be exercised—
(a) only if the officer has reasonable grounds for suspecting that there is relevant evidence on the premises;
(b) only to the extent that it is reasonably required for the purpose of discovering relevant evidence; and
(c) subject to subsection (3), only if a senior officer has authorised it in writing.
(3) The power may be exercised—
(a) before taking the arrested person to a place where he is to be detained; and
(b) without obtaining an authorisation under subsection (2)(c),
The Immigration (Isle of Man) Order 2008