Section 46C Offence of failing to produce nationality documentF1

(1)

A person commits an offence if, without reasonable excuse, the person fails to comply with a notice given in accordance with section 46A.

(2)

The fact that a person deliberately destroyed or disposed of a nationality document is not a reasonable excuse for the purposes of subsection (1) unless the destruction or disposal was—

(a)

for a reasonable cause, or

(b)

beyond the control of the person charged with the offence.

(3)

In subsection (2)(a) “reasonable cause” does not include the purpose of—

(a)

delaying the handling or resolution of a claim or application or the taking of a decision,

(b)

increasing the chances of success of a claim or application, or

(c)

complying with instructions given by a person who offers advice about, or facilitates, immigration into the United Kingdom, unless in the circumstances of the case it is unreasonable to expect non-compliance with the instructions or advice.

(4)

A person who is guilty of an offence under subsection (1) is liable—

(a)

on summary conviction in England and Wales, to either or both of the following—

(i)

imprisonment for a term not exceeding 51 weeks (or 6 months if the offence was committed before the commencement of section 281(5) of the Criminal Justice Act 2003);

(ii)

a fine;

(b)

on summary conviction in Scotland, to either or both of the following—

(i)

imprisonment for a term not exceeding 12 months;

(ii)

a fine not exceeding level 5 on the standard scale;

(c)

on summary conviction in Northern Ireland, to either or both of the following—

(i)

imprisonment for a term not exceeding 6 months;

(ii)

a fine not exceeding level 5 on the standard scale.

Annotations

Textual amendments

F1: Ss. 46A-46C inserted (31.1.2017 for specified purposes) by Policing and Crime Act 2017 (c. 3), ss. 160, 183(1)(5)(e)