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Make
it an offence for employers and certain other persons to destroy
or |
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control the identification
documents of another person in specified |
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circumstances; to amend the
Diplomatic Privileges Act 1964 and the Consular |
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Relations Act 1968 so as to
make diplomatic and consular staff and their |
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households liable in relation
to that offence; and for connected purposes. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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1 |
Offence
relating to destruction, control etc. of identification documents
of |
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(1) |
It is an offence for person
A with the requisite intention to— |
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(b) |
conceal, remove or confiscate
from person B, |
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(d) |
otherwise have under his control, |
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an
identification document that relates, or purports to relate, to
person B. |
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(2) |
The requisite intention
for the purposes of subsection (1) is to prevent or inhibit |
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(a) |
leaving the United Kingdom, |
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(b) |
travelling outside the United
Kingdom, |
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(c) |
seeking or obtaining employment
within the United Kingdom or |
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(d) |
identifying himself for the
purpose of the law relating to immigration |
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(3) |
For the purposes of subsection
(2)(d), the law relating to immigration and |
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(a) |
any law of the United Kingdom, |
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(b) |
any
law of a country or territory outside the United Kingdom, and |
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(c) |
any obligation of the United
Kingdom or of a country or territory |
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outside the United Kingdom
under international law. |
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(4) |
A person guilty of an offence
under subsection (1) is liable— |
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(a) |
on conviction on indictment,
to imprisonment for a term not exceeding |
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(b) |
on summary conviction, to
imprisonment for a term not exceeding 6 |
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months or a fine not exceeding
the statutory maximum. |
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2 |
Interpretation
of section 1 |
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(1) |
In section 1,
“person A” means— |
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(a) |
a relative of person B, |
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(b) |
the employer of person B, |
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(c) |
a person who acts as an agent
in a transaction or agreement in which |
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person B is the principal, |
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(d) |
a person who has entered into
a contract with person B, |
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(e) |
a person who otherwise acts
with or under the authority of a person |
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specified in paragraphs (b)
to (d), or |
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(f) |
a person who is acting as
a gangmaster and supplying person B as a |
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(2) |
For the purposes of subsection
(1) it is immaterial whether the— |
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(e) |
acting as a gangmaster, |
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referred
to in that subsection is lawful. |
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(3) |
For the purposes of subsection
(1) it is immaterial whether— |
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(a) |
the employment, agreement
or contract referred to in that subsection |
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(b) |
the transaction referred to
in that subsection took place, |
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in
the United Kingdom or elsewhere. |
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(4) |
In this section, “acting
as a gangmaster”, “supplying” and “worker”
shall have |
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the same meaning as in sections
4 and 26 of the Gangmasters (Licensing)
Act |
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(5) |
In section 1
“identification document” means any document that
is, or purports |
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(a) |
a United Kingdom passport
(within the meaning of the Immigration
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(b) |
a passport issued by or on
behalf of the authorities of a country or |
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territory outside the United
Kingdom or by or on behalf of an |
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international organisation; |
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(c) |
a document that can be used
(in some or all circumstances) instead of a |
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(d) |
an immigration document, |
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(f) |
a United Kingdom driving licence,
or |
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(g) |
a
driving licence issued by or on behalf of the authorities of a
country |
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or territory outside the United
Kingdom. |
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(6) |
In subsection (5)(d) “immigration
document” means— |
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(a) |
a document used for confirming
the right of a person under the |
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Community Treaties in respect
of entry or residence in the United |
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(b) |
a document which is given
in exercise of immigration functions and |
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records information about
leave granted to a person to enter or to |
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remain in the United Kingdom;
or |
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(c) |
a registration card (within
the meaning of section 26A of the |
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Immigration
Act 1971 (c. 77)); |
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and
in paragraph (b) “immigration functions” means functions
under the |
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Immigration Acts (within
the meaning of the Asylum and Immigration
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(Treatment
of Claimants, etc.) Act 2004 (c. 19)). |
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(7) |
In subsection (5)(e) “ID
card” has the meaning given by the Identity Cards Act |
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(8) |
In subsection (5)(f), “United
Kingdom driving licence” means— |
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(a) |
a licence to drive a motor
vehicle granted under Part 3 of the Road
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Traffic
Act 1988 (c. 52); or |
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(b) |
a licence to drive a motor
vehicle granted under Part 2 of the Road |
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Traffic (Northern Ireland)
Order 1981 (S.I. 1981/154 (N.I. 1)). |
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3 |
Amendments
relating to arrest for offence under section 1 |
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(1) |
In Schedule 1A to the Police
and Criminal Evidence Act 1984 (c. 60) (arrestable
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offences), at the end insert— |
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“Control of
Identification Documents (Offences) Act 2005 |
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An offence under section
1
of the Control of Identification |
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Documents
(Offences) Act 2005.” |
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(2) |
In section 14(2) of the
Asylum and Immigration (Treatment of
Claimants, etc.) |
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Act
2004 (powers of arrest for immigration officers), after
paragraph (q), |
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“(r) |
an offence under section
1
of the Control of Identification |
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Documents
(Offences) Act 2005.” |
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Amendments relating to
diplomatic and consular staff and their households |
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4 |
Amendment
of the Diplomatic Privileges Act 1964 |
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(1) |
The Diplomatic
Privileges Act 1964 (c. 81) is amended as follows. |
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(2) |
In section 2(1) (application
of Vienna Convention), for the words “section 3”,
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substitute the words “sections
3 and 3A”. |
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(3) |
After
section 3, insert— |
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“3A |
Restriction
of privileges and immunities relating to offence under the |
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Control
of Identification Documents (Offences) Act 2005 |
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(1) |
The provisions of the following
Articles set out in Schedule 1 to this Act |
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shall
not have the force of law in relation to the matters specified
in |
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(2) |
The matters specified in
this subsection are— |
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(a) |
a criminal investigation
in relation to, |
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an
offence under section 1
of the Control of Identification Documents |
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(3) |
In subsection (2), a “criminal
investigation” is an investigation which |
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police
officers or other persons have a duty to conduct with a view to
it |
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being
ascertained whether a person should be charged with an |
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5 |
Amendment
of the Consular Relations Act 1968 |
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(1) |
The Consular
Relations Act 1968 (c. 18) is amended as follows. |
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(2) |
In section 1(1) (application
of Vienna Convention), for the words “sections 2 |
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and 3(2)”, substitute
the words “sections 2, 2A and 3(2)”. |
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(3) |
After section 2, insert— |
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“2A |
Restriction
of privileges and immunities relating to offence under the |
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Control
of Identification Documents (Offences) Act 2005 |
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(1) |
The provisions of the following
Articles set out in Schedule 1 to this Act |
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shall
not have the force of law in relation to the matters specified
in |
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(2) |
The matters specified in
this subsection are— |
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(a) |
a criminal investigation
in relation to, |
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an
offence under section 1
of the Control of Identification Documents |
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(3) |
In subsection (2), a “criminal
investigation” is an investigation which |
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police
officers or other persons have a duty to conduct with a view to
it |
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