OpenLegislation

Section 14 Handling articles for use in immigration crimeI1I2

United Kingdom

(1)

A person (“P”) commits an offence if, in the circumstances mentioned in subsection (2)—

(a)

P receives or arranges to receive a relevant article from another person,

(b)

P removes or disposes of a relevant article for the benefit of another person, or

(c)

P assists another person to remove or dispose of a relevant article.

(2)

Those circumstances are where, at the time P does the act mentioned in subsection (1), P knows or suspects that the relevant article has been, is being, or is to be used by P or any other person in connection with an offence under section 24 or 25 of the Immigration Act 1971.

(3)

A person (“P”) commits an offence if, in the circumstances mentioned in subsection (4), P is concerned in—

(a)

the receipt of, or the arranging to receive, a relevant article from another person, or

(b)

the removal or disposal of a relevant article for the benefit of another person.

(4)

Those circumstances are where, at any time when P is concerned in an act as mentioned in subsection (3), P knows that the relevant article has been, is being, or is to be used by P or any other person in connection with an offence under section 24 or 25 of the Immigration Act 1971.

(5)

It is a defence for a person charged with an offence under this section to show that they had a reasonable excuse for the action mentioned in subsection (1) or (3) (as the case may be).

(6)

The cases in which a person has a reasonable excuse for the purposes of subsection (5) include (but are not limited to) those in which—

(a)

their action was for the purposes of carrying out a rescue of a person from danger or serious harm, or

(b)

they were acting on behalf of an organisation which—

(i)

aims to assist asylum-seekers, and

(ii)

does not charge for its services.

(7)

A person is regarded as having shown that they had a reasonable excuse for their action if—

(a)

sufficient evidence of that matter is adduced to raise an issue with respect to it, and

(b)

the contrary is not proved beyond reasonable doubt.

(8)

A person who commits an offence under this section is liable on conviction on indictment to imprisonment for a term not exceeding 14 years.

Annotations

Commencement

I1

S. 14 not in force at Royal Assent, see s. 65(1)

I2

S. 14 in force at 5.1.2026 by S.I. 2025/1318, reg. 2(b)