Identity Cards Bill (2004)

(1) In Schedule 1A to the Police and Criminal Evidence Act 1984 (c. 60) (arrestable offences), at the end insert—

"Identity Cards Act 2005

An offence under—

(a) section 27(5) of the Identity Cards Act 2005 (possession of
false document etc.);

(b) section 29 of that Act (disclosure of information on National Identity Register); or

(c) section 30 of that Act (providing false information)."

(2) In section 1(2) of the Criminal Justice Act 1993 (c. 36) (Group A offences in respect of which jurisdiction is extended for some purposes in relation to conduct outside England and Wales), after paragraph (c) insert—

"(ca) an offence under section 27 of the Identity Cards Act 2005;".

(3) In section 31 of the Immigration and Asylum Act 1999 (defences based on Article 31(1) of the Refugee Convention)—

(a) in subsection (3) (offences in England and Wales and Northern Ireland to which section applies), after paragraph (a) insert—

"(aa) section 27(1) or (5) of the Identity Cards Act 2005;"

(b) in subsection (4) (offences in Scotland to which section applies), after paragraph (b) insert—

"(ba) under section 27(1) or (5) of the Identity Cards Act 2005;".

(4) In section 14(2) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19) (powers of arrest for immigration officers), after paragraph (p)insert—

"(q) an offence under section 27 of the Identity Cards Act 2005."

(5) After paragraph (k) of Article 26(2) of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341 (N.I. 12)) (offences for which an arrest may be made without a warrant), insert—

"(kk) An offence under—

(i) section 27(5) of the Identity Cards Act 2005 (possession of false document etc.);

(ii) section 29 of that Act (disclosure of information on National Identity Register); or

(iii) section 30 of that Act (providing false information)."

(6) In Article 38(2) of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)) (which makes provision in relation to conduct outside Northern Ireland corresponding to that made by section 1(2) of the Criminal Justice Act 1993 (c. 36)), after sub-paragraph (c) insert—

"(ca) an offence under section 27 of the Identity Cards Act 2005;".

EXPLANATORY NOTES

Clause 32: Consequential amendments relating to offences

170. Subsection (1) makes the offences under clauses 27 (5), 29 and 30 arrestable in England and Wales. Subsection (5) extends this to Northern Ireland.

171. Subsection (2) extends the usual jurisdiction of the courts in England and Wales for the offences in clause 27. Subsection (6) extends the usual jurisdiction of the courts in Northern Ireland for the offences in clause 27.

172. Subsection (3) adds the false documents offence (clause 27) to section 31(3) of the Immigration and Asylum Act 1999 giving a specific defence for refugees with false documents. This is of particular relevance as those who destroy any false documents will commit an offence under section 2 of the Asylum and Immigration (Treatment of Claimants) Act 2004.

173. Subsection (4) adds the false documents offence (clause 27) to section 14(2) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004. This gives immigration officers power to arrest without warrant for the offence and ancillary powers to search for and seize documents.