A person only commits offence if he
knows or has reasonable cause for
believing that; (a) his act facilitates the
commission of a breach of immigration
law by the individual, and (b) the
individual is not a citizen of the EU.
"Immigration law" means a law which
has effect in a member State (which
includes Norway and Iceland) and
which controls entitlement to enter,
transit across or be in the State.
Sections 25, 25A and 25B (the
facilitation offences) currently apply
to anything done; (a) in the United
Kingdom, (b) outside the United
Kingdom by a British citizen (or other
related categories), or (c) outside the
United Kingdom by a body incorporated
under the law of a part of the United
Kingdom.
NB. Section 30(1) of the UK Borders
Bill amends the territorial extent of
the section 25 offences described
above. When s.30(1) comes into
force the section 25 offences will
apply to acts of facilitation by any
individual inside or outside the
United Kingdom, regardless of the
nationality of the perpetrator.
Where a person is arrested for a
facilitation offence the detention powers
in section 25D apply. Where a person is
convicted on indictment of a facilitation
offence the forfeiture provisions in
section 25C apply.
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