Illegal Immigrants (Criminal Sanctions) Bill (HC Bill 40)




Make provision for criminal sanctions against those who have entered the UK
illegally or who have remained in the UK without legal authority.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Presence in the United Kingdom

(1) Any person who is present in the United Kingdom after 1 July 2016 without
legal authority shall be guilty of an offence.

(2) Any person who after 1 July 2016 enters or attempts to enter the United
5Kingdom without legal authority shall be guilty of an offence.

2 Penalties

(1) A person guilty of an offence under section 1 is liable on summary conviction—

(a) to imprisonment for a term not exceeding 6 months;

(b) to a fine which in Scotland or Northern Ireland may not exceed £5,000,

10or to both.

(2) Any person who is convicted of an offence under section 1 shall be subject to a
deportation order unless the Secretary of State deems such a deportation order
to be against the public interest.

(3) For the purposes of subsection (2) above, a deportation order shall be deemed
15to be in the public interest unless a certificate to the contrary has been
submitted by the Secretary of State to the Court.

3 Short title and commencement

(1) This Act may be cited as the Illegal Immigrants (Criminal Sanctions) Act 2016.

(2) The provisions of this Act shall come into force on the day on which it is