SCHEDULES

SCHEDULE 3Border security

PART 1Powers

23Offences

1

A person commits an offence if the person—

a

wilfully fails to comply with a duty imposed under or by virtue of this Part of this Schedule, or

b

wilfully obstructs, or seeks to frustrate, a search or examination under or by virtue of this Part of this Schedule.

2

A person guilty of an offence under this paragraph is liable—

a

on summary conviction in England and Wales, to imprisonment for a term not exceeding 51 weeks, or to a fine not exceeding level 4 on the standard scale, or to both;

b

on summary conviction in Scotland or Northern Ireland, to imprisonment for a term not exceeding 3 months, or to a fine not exceeding level 4 on the standard scale, or to both.

3

In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the reference in sub-paragraph (2)(a) to 51 weeks is to be read as a reference to 3 months.

4

Proceedings for an offence under this paragraph are not to be started—

a

in England and Wales, except with the consent of the Director of Public Prosecutions;

b

in Northern Ireland, except with the consent of the Director of Public Prosecutions for Northern Ireland.

5

But if it appears to the Director of Public Prosecutions or the Director of Public Prosecutions for Northern Ireland that an offence under this paragraph has been committed for a purpose wholly or partly connected with the affairs of a country other than the United Kingdom, consent may be given for the purposes of this paragraph only with the permission—

a

in the case of the Director of Public Prosecutions, of the Attorney General, and

b

in the case of the Director of Public Prosecutions for Northern Ireland, of the Advocate General for Northern Ireland.