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Control of Identification Documents (Offences) Bill


 

Control of Identification Documents (Offences) Bill

 

 
 

Contents

The offence

1   

Offence relating to destruction, control etc. of identification documents of

others

2   

Interpretation of section 1

3   

Amendments relating to arrest for offence under section 1

Amendments relating to diplomatic and consular staff and their households

4   

Amendment of the Diplomatic Privileges Act 1964

5   

Amendment of the Consular Relations Act 1968

Final provisions

6   

Short title, commencement and extent

 

Bill 82                                                                                                 

53/4

 
 

Control of Identification Documents (Offences) Bill

1

 

A

Bill

To

Make it an offence for employers and certain other persons to destroy or

control the identification documents of another person in specified

circumstances; to amend the Diplomatic Privileges Act 1964 and the Consular

Relations Act 1968 so as to make diplomatic and consular staff and their

households liable in relation to that offence; and for connected purposes. 

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:—

The offence

1       

Offence relating to destruction, control etc. of identification documents of

others

(1)   

It is an offence for person A with the requisite intention to—

(a)   

destroy,

5

(b)   

conceal, remove or confiscate from person B,

(c)   

possess, or

(d)   

otherwise have under his control,

   

an identification document that relates, or purports to relate, to person B.

(2)   

The requisite intention for the purposes of subsection (1) is to prevent or inhibit

10

person B from—

(a)   

leaving the United Kingdom,

(b)   

travelling outside the United Kingdom,

(c)   

seeking or obtaining employment within the United Kingdom or

elsewhere, or

15

(d)   

identifying himself for the purpose of the law relating to immigration

and asylum.

(3)   

For the purposes of subsection (2)(d), the law relating to immigration and

asylum includes—

(a)   

any law of the United Kingdom,

20

 
Bill 82 53/4
 
 

Control of Identification Documents (Offences) Bill

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(b)   

any law of a country or territory outside the United Kingdom, and

(c)   

any obligation of the United Kingdom or of a country or territory

outside the United Kingdom under international law.

(4)   

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

(a)   

on conviction on indictment, to imprisonment for a term not exceeding

5

5 years;

(b)   

on summary conviction, to imprisonment for a term not exceeding 6

months or a fine not exceeding the statutory maximum.

2       

Interpretation of section 1

(1)   

In section 1, “person A” means—

10

(a)   

a relative of person B,

(b)   

the employer of person B,

(c)   

a person who acts as an agent in a transaction or agreement in which

person B is the principal,

(d)   

a person who has entered into a contract with person B,

15

(e)   

a person who otherwise acts with or under the authority of a person

specified in paragraphs (b) to (d), or

(f)   

a person who is acting as a gangmaster and supplying person B as a

worker.

(2)   

For the purposes of subsection (1) it is immaterial whether the—

20

(a)   

employment,

(b)   

transaction,

(c)   

agreement,

(d)   

contract, or

(e)   

acting as a gangmaster,

25

   

referred to in that subsection is lawful.

(3)   

For the purposes of subsection (1) it is immaterial whether—

(a)   

the employment, agreement or contract referred to in that subsection

was entered into, or

(b)   

the transaction referred to in that subsection took place,

30

   

in the United Kingdom or elsewhere.

(4)   

In this section, “acting as a gangmaster”, “supplying” and “worker” shall have

the same meaning as in sections 4 and 26 of the Gangmasters (Licensing) Act

2004 (c. 11).

(5)   

In section 1 “identification document” means any document that is, or purports

35

to be—

(a)   

a United Kingdom passport (within the meaning of the Immigration

Act 1971 (c. 77));

(b)   

a passport issued by or on behalf of the authorities of a country or

territory outside the United Kingdom or by or on behalf of an

40

international organisation;

(c)   

a document that can be used (in some or all circumstances) instead of a

passport;

(d)   

an immigration document,

(e)   

an ID card,

45

(f)   

a United Kingdom driving licence, or

 
 

Control of Identification Documents (Offences) Bill

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(g)   

a driving licence issued by or on behalf of the authorities of a country

or territory outside the United Kingdom.

(6)   

In subsection (5)(d) “immigration document” means—

(a)   

a document used for confirming the right of a person under the

Community Treaties in respect of entry or residence in the United

5

Kingdom;

(b)   

a document which is given in exercise of immigration functions and

records information about leave granted to a person to enter or to

remain in the United Kingdom; or

(c)   

a registration card (within the meaning of section 26A of the

10

Immigration Act 1971 (c. 77));

   

and in paragraph (b) “immigration functions” means functions under the

Immigration Acts (within the meaning of the Asylum and Immigration

(Treatment of Claimants, etc.) Act 2004 (c. 19)).

(7)   

In subsection (5)(e) “ID card” has the meaning given by the Identity Cards Act

15

2005.

(8)   

In subsection (5)(f), “United Kingdom driving licence” means—

(a)   

a licence to drive a motor vehicle granted under Part 3 of the Road

Traffic Act 1988 (c. 52); or

(b)   

a licence to drive a motor vehicle granted under Part 2 of the Road

20

Traffic (Northern Ireland) Order 1981 (S.I. 1981/154 (N.I. 1)).

3       

Amendments relating to arrest for offence under section 1

(1)   

In Schedule 1A to the Police and Criminal Evidence Act 1984 (c. 60) (arrestable

offences), at the end insert—

“Control of Identification Documents (Offences) Act 2005

25

29         

An offence under section 1 of the Control of Identification

Documents (Offences) Act 2005.”

(2)   

In section 14(2) of the Asylum and Immigration (Treatment of Claimants, etc.)

Act 2004 (powers of arrest for immigration officers), after paragraph (q),

insert—

30

“(r)   

an offence under section 1 of the Control of Identification

Documents (Offences) Act 2005.”

Amendments relating to diplomatic and consular staff and their households

4       

Amendment of the Diplomatic Privileges Act 1964

(1)   

The Diplomatic Privileges Act 1964 (c. 81) is amended as follows.

35

(2)   

In section 2(1) (application of Vienna Convention), for the words “section 3”,

substitute the words “sections 3 and 3A”.

 
 

Control of Identification Documents (Offences) Bill

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(3)   

After section 3, insert—

“3A     

Restriction of privileges and immunities relating to offence under the

Control of Identification Documents (Offences) Act 2005

(1)   

The provisions of the following Articles set out in Schedule 1 to this Act

shall not have the force of law in relation to the matters specified in

5

subsection (2)—

(a)   

Article 29,

(b)   

Article 30,

(c)   

Article 31, and

(d)   

Article 37.

10

(2)   

The matters specified in this subsection are—

(a)   

a criminal investigation in relation to,

(b)   

arrest for,

(c)   

charge for, or

(d)   

proceedings for,

15

   

an offence under section 1 of the Control of Identification Documents

(Offences) Act 2005.

(3)   

In subsection (2), a “criminal investigation” is an investigation which

police officers or other persons have a duty to conduct with a view to it

being ascertained whether a person should be charged with an

20

offence.”

5       

Amendment of the Consular Relations Act 1968

(1)   

The Consular Relations Act 1968 (c. 18) is amended as follows.

(2)   

In section 1(1) (application of Vienna Convention), for the words “sections 2

and 3(2)”, substitute the words “sections 2, 2A and 3(2)”.

25

(3)   

After section 2, insert—

“2A     

Restriction of privileges and immunities relating to offence under the

Control of Identification Documents (Offences) Act 2005

(1)   

The provisions of the following Articles set out in Schedule 1 to this Act

shall not have the force of law in relation to the matters specified in

30

subsection (2)—

(a)   

Article 41,

(b)   

Article 43, and

(c)   

Article 44.

(2)   

The matters specified in this subsection are—

35

(a)   

a criminal investigation in relation to,

(b)   

arrest for,

(c)   

charge for, or

(d)   

proceedings for,

   

an offence under section 1 of the Control of Identification Documents

40

(Offences) Act 2005.

(3)   

In subsection (2), a “criminal investigation” is an investigation which

police officers or other persons have a duty to conduct with a view to it

 
 

Control of Identification Documents (Offences) Bill

5

 

being ascertained whether a person should be charged with an

offence.”

Final provisions

6       

Short title, commencement and extent

(1)   

This Act may be cited as the Control of Identification Documents (Offences)

5

Act 2005.

(2)   

This Act shall come into force at the end of the period of two months beginning

with the day on which this Act is passed.

(3)   

Sections 1 and 2 extend to England and Wales only.

 
 

 
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