Consolidated Immigration Laws.

STATES OF JERSEY

CONSOLIDATED IMMIGRATION LAWS

Presented to the States on 11th April 2017 by the Chief Minister

STATES GREFFE

2017  R.35

Consolidated Immigration Laws

This is a consolidation of the following Acts as extended to Jersey by Order in Council. It is for internal use only and should not be taken as authoritative. Accordingly, no warranty is given that this consolidation is free of error or omission. Therefore, no liability can be accepted for any loss arising from any use of it or reliance placed on it.

The Immigration Act 1971

as amended by:

The Asylum and Immigration Act 1996;

The Immigration and Asylum Act 1999;

The Immigration Asylum and Nationality Act 2006; The Immigration Act 2014.

IMMIGRATION ACT 1971

CHAPTER 77

PART I

Regulation of Entry into and Stay in the United Kingdom Section.

1.General principles

2.Statement of right of abode in [Bailiwick of Jersey]

3.General provisions for regulation and control

4.Administration of control

5.Procedure for, and further provisions as to, deportation 6.Recommendations by court for deportation

7.Exemption from deportation for certain existing residents

8.Exceptions for seamen, aircrews and other special cases

9.Further provisions as to common travel area

11.Construction of references to entry, and other phrases relating to travel

PART II

Appeals

* * * * *

PART III

Criminal Proceedings

24.Illegal entry and similar offences

25.Assisting illegal entry, and harbouring

26.General offences in connexion with administration of Act

27.Offences by persons connected with ships or aircraft or with ports 28.Proceedings

PART IV Supplementary

29.Contributions for expenses of persons returning abroad 32.General provisions as to Orders, etc.

33.Interpretation

37.Short title and extent

SCHEDULES

Schedule 1 * * * * * Schedule 2Administrative provisions as to control on entry, etc.

Part I General provisions

Part II * * * * * Schedule 3Supplementary provisions as to deportation

Schedule 4<Integration with Jersey Law of Immigration Laws of the United Kingdom,

Guernsey and the IIsle of Man>

Schedule 5 * * * * * Schedule 6 * * * * *

PART I

Regulation of Entry Into and Stay in the United Kingdom

1. General Principles

1. All those who are in this Act expressed to have the right of abode in the [Bailiwick of Jersey] shall be free to live in, and to come and go into and from, the [Bailiwick of Jersey] without let or hindrance except such as may be required under and in accordance with this Act to enable their right to be established or as may be otherwise lawfully imposed on any person.
2. Those not having that right maylive, work and settle in the [Bailiwick of Jersey] by permission and subject to such regulation and control of their entry into, stay in and departure from the [Bailiwick of Jersey] as is imposed by this Act; and indefinite leave to enter or remain in the [Bailiwick of Jersey] shall, by virtue of this provision, be treated as having been given under this Act to those in the [Bailiwick of Jersey] at its coming into force, if they are then settled there (and not exempt under this Act from the provisions relating to leave to enter or remain).
3. Arrival in and departure from the [Bailiwick of Jersey] on a local journey from or to [the United Kingdom, the Bailiwick of Guernsey, the Isle of Man] or the Republic of Ireland shall not be subject to control under this Act, nor shall a person require leave to enter the [Bailiwick of Jersey] on so arriving, except insofar as any of those places is for any purpose excluded from this subsection under the powers conferred by this Act; and in this Act the [Bailiwick of Jersey] and those places, or such of them as are not so excluded, are collectively referred to as "the common travel area".

[(4)  The Committee Minister may make rules as to the practice to be followed in the administration of this Act for regulating the taking of employment by persons not having  the  right  of  abode  who  are  given  leave  to  enter  the  Bailiwick  and  the

Subordinate Legislation (Jersey) Law 1960 shall apply to such rules.

(4A) The  Lieutenant-Governor Minister  shall give directions as to the practice to be followed in the administration of this Act for regulating the entry into and stay in the Bailiwick of persons not having the right of abode and such directions shall include provision for admitting (in such cases and subject to such restrictions as may be provided by the directions and subject or not to conditions as to length of stay or otherwise)  persons  coming  for  the  purpose  of  taking  employment,  or  for the purposes of study, or as visitors, or as dependants of persons lawfully in or entering

the Bailiwick.].

2. Statement of Right of Abode in [Bailiwick of Jersey]

1. A person is under this Act to have the right of abode in the [Bailiwick of Jersey] if-

1. he is a British citizen; or
2. he is a Commonwealth citizen who -

1. immediately before the commencement of the British Nationality Act 1981 was a Commonwealth citizen having the right of abode in the [Bailiwick of Jersey] by virtue of section 2(1)(d) or section 2(2) of this Act as then in force; and
2. has not ceased to be a Commonwealth citizen in the meanwhile.
   2. In relation to Commonwealth citizens who have the right of abode in the [Bailiwick of Jersey] by virtue of subsection (1)(b) above, this Act, except this section and section <5(2)>,  shall  apply  as if  they  were  British  citizens;  and  in  this  Act  (except  as aforesaid) "British citizen" shall be construed accordingly.>

4. General Provisions for Regulation and Control

(1)  Except as otherwise provided by or under this Act, where a person is not <a British citizen> -

1. he shall not enter the [Bailiwick of Jersey] unless given leave to do so in accordance with the provisions of, or made under this Act;
2. he may be given leave to enter the [Bailiwick of Jersey] (or, when already there, leave to remain in the [Bailiwick of Jersey]) either for a limited or for an indefinite period;
3. if he is given limited leave to enter or remain in the [Bailiwick of Jersey], it may be given subject to all or any of the following conditions, namely -

1. a condition restricting his employment or occupation in the [Bailiwick of Jersey];
2. a condition requiring him to maintain and accommodate himself, and any dependants of his, without recourse to public funds; and
3. a condition requiring him to register [as provided by an order made under section 4(3) below].

[(2) Section 1(4) and (4A) of this Act shall not be taken to require uniform provision to be

made as regards admission of persons for a purpose or in a capacity specified in the said section (and, in particular, for this as well as other purposes of this Act, account may be taken of citizenship or nationality).]

3. In the case of a limited leave to enter or remain in the [Bailiwick of Jersey] -

1. a person's leave may be varied, whether by restricting, enlarging or removing the limit on its duration, or by adding, varying or revoking conditions, but if the limit on its duration is removed, any conditions attached to the leave shall cease to apply; and

2. the limitation on and any conditions attached to a person's leave <(whether imposed (originally or on a variation) shall>, if not superseded, apply also to any subsequent leave he may obtain after an absence from the [Bailiwick of Jersey] within the period limited for the duration of the earlier leave.

4. A person's leave to enter or remain in the [Bailiwick of Jersey] shalllapse  on  his going to a country or territory outside the common travel area (whether or not he lands there), unless within the period for which he had leave he returns to the [Bailiwick of Jersey] in circumstances in which he is not required to obtain leave to enter; but, if he does so return, his previous leave (and any limitation on it or conditions attached to it) shall continue to apply.
5. A person who is not a British citizen is liable to deportation from the [Bailiwick of Jersey] if –

1. the [Lieutenant Governor Minister] deems his deportation to be conducive to the public good; or
2. another person to whose family he belongs is or has been ordered to be deported.

6. Without prejudice to the operation of subsection (5) above, a person who is not <a British citizen> shall also be liable to deportation from the [Bailiwick of Jersey] if, after he has attained the age of seventeen, he is convicted of an offence for which he is punishable with imprisonment and on his conviction is recommended for deportation by a court empowered by this Act to do so.
7. Where  it  appears  to Her  Majesty  proper  so  to do  by  reason  of  restrictions  or conditions imposed on <British citizens, British Dependent Territories citizens or British Overseas citizens> when leaving or seeking to leave any country or the territory subject to the government of any country, Her Majesty may by Order in Council make provision for prohibiting persons who are nationals or citizens of that country and are not <British citizens> from embarking in the [Bailiwick of Jersey], or from doing so elsewhere than at a port of exit, or for imposing restrictions or conditions on them when embarking or about to embark in the [Bailiwick of Jersey]; and Her Majesty may also make provision by Order in Council to enable those who are not <British citizens> to be, in such cases as may be prescribed by the Order, prohibited in the interests of safety from so embarking on a ship or aircraft specified or indicated in the prohibition.
8. When any question arises under this Act whether or not a person is <a British citizen> or is entitled to any exemption under this Act, it shall lie on the person asserting it to prove that he is.
9. A person seeking to enter the [Bailiwick of Jersey] and claiming to have the right of abode there shall prove that he has that right by means of either –

1. a United Kingdom passport describing him as a British citizen or as a citizen of the United Kingdom and Colonies having the right of abode in the United Kingdom; or
2. a certificate of entitlement issued by or on behalf of the Government of the United Kingdom certifying that he has such a right of abode.>

3A  Further Provision as to Leave to Enter

1. The [Lieutenant Governor Ministermay give directions] with respect to the giving, refusing or varying of leave to enter the [Bailiwick of Jersey].
2. [Directions] under subsection (1) may, in particular, provide for –

1. leave  to  be  given  or  refused  before  the  person  concerned  arrives  in  the [Bailiwick of Jersey];
2. the form or manner in which leave maybe given, refused or varied;
3. the imposition of conditions;
4. a person's leave to enter not to lapse on his leaving the common travel area.

3. The [Lieutenant Governor Minister may give directions] that, in such circumstances as may be prescribed –

1. an entry visa, or
2. such other form of entry clearance asmaybe prescribed, is to have effect as leave to enter the [Bailiwick of Jersey].

4. [Directions] under subsection (3) may, in particular –

1. provide for a clearance to have effect as leave to enter –

1. on  a  prescribed  number  of  occasions during  the period for which  the clearance has effect;
2. on an unlimited number of occasions during that period;
3. subject to prescribed conditions; and

2. provide for a clearance which has the effect referred to in paragraph (a)(i) or

(ii) to be varied by the [Lieutenant Governor Minister] or an immigration officer so that it ceases to have that effect.

5. Only conditions of a kind that could be imposed on leave to enter given under section 3 maybe prescribed.
6. In subsections (3), (4) and (5) "prescribed" means prescribed in [directions given] under subsection (3).

7. The  [Lieutenant  Governor  Minister]  may,  in  such  circumstances  as  may  be prescribed in [directions given] by him, give or refuse leave to enter the [Bailiwick of Jersey].
8. [Directions] under subsection (7) may provide that, in such circumstances as may be prescribed by [the directions], paragraphs 2, 4, 6, 7, 8, 9 and 21 of Part I of Schedule 2 to this Act are to be read, in relation to the exercise by the [Lieutenant Governor Minister] of functions which he has as a result of [the directions], as if references to an immigration officer included references to the [Lieutenant Governor Minister].
9. Subsection (8)  is  not  to  be  read  as  affecting  any  power  conferred  by subsection (10).
10. [Directions] under this section may –

1. contain such incidental, supplemental, consequential and transitional provision as the [Lieutenant Governor Minister] considers appropriate; and
2. make different provision for different cases.

11. This Act and any provision made under it has effect subject to any [directions given] under this section.
12. * * * * *
13. * * * * *

3B  Further Provision as to Leave to Remain

1. The [Lieutenant Governor Ministermay give directions] with respect to the giving, refusing or varying of leave to remain in the [Bailiwick of Jersey].
2. [Directions] under subsection (1) may, in particular, provide for –

1. the form or manner in which leave maybe given, refused or varied;
2. the imposition of conditions;
3. a person's leave to remain in the [Bailiwick of Jersey] not to lapse on his leaving the common travel area.

3. [Directions] under this section may –

1. contain such incidental, supplemental, consequential and transitional provision as the [Lieutenant Governor Minister] considers appropriate; and
2. make different provision for different cases.

4. This Act and any provision made under it has effect subject to any [directions given] under this section.
5. * * * * *
6. * * * * *

4. Administration of Control

1. [The following powers under this Act shall be exercised as hereinafter provided, that is to say -

1. the power to give or refuse leave to enter the Bailiwick of Jersey shall be exercised by immigration officers,
2. the power to give leave to remain in the Bailiwick of Jersey, and the power under section 3(3)(a) to vary any leave as regards duration, shall be exercised by the Lieutenant-Governor Minister, and
3. the power under section 3(3)(a) to vary any leave otherwise than as regards duration shall be exercised by the Committee Minister];

and, unless otherwise allowed by or under this Act, those powers should be exercised by notice in writing given to the person affected, except that the powers under section 3(3)(a) may be exercised generally in respect of any class of persons by order * * *.

2. The provisions of Schedule 2 to this act shall have effect with respect to -

1. the appointment and powers of immigration officers and medical inspectors for purposes of this Act;
2. the examination of persons arriving in or leaving the [Bailiwick of Jersey] by ship or aircraft * * *, and the special powers exercisable in the case of those who arrive as, or with a view to becoming, members of the crews of ships and aircraft; and
3. the exercise by immigration officers of their powers in relation to entry into the [Bailiwick of Jersey], and the removal from the [Bailiwick of Jersey] of persons refused leave to enter or entering or remaining unlawfully; and
4. the detention of persons pending examination or pending removal from the [Bailiwick of Jersey];

and for other purposes supplementary to the foregoing provisions of this Act.

3. [The  Committee  Minister may  by  order]  make  provision  as  to  the  effect  of  a condition under this Act requiring a person to register * * *; and the [order] may include provision -

1. as to the [body or person] by whom registers are to be maintained, and as to the form and content of the registers;
2. [as to the body or person with whom and as to the place] and manner in which anyone is to register and as to the documents and information to be furnished by him, whether on registration or on any change of circumstances;
3. as to the issue of certificates of registration and as to the payment of fees for certificates of registration;

and the [order] may require anyone who is for the time being subject to such a condition to produce a certificate of registration to such persons and in such circumstances as may be prescribed by the [order].

4. [The Committee Ministermay by order make such provision as appears to it him] to be expedient in connexion with this Act for records to be made and kept of persons staying at hotels and other premises where lodging or sleeping accommodation is provided, and for persons (whether <British citizens> or not) who stay at any such premises to supply the necessary information.

6. Procedure for, and Further Provisions as to Deportation

1. Where a person is under section 3(5) or (6) above liable to deportation, then subject to the following provisions of this Act the [Lieutenant-Governor Minister] may make a deportation order against him, that is to say an order requiring him to leave and prohibiting him from entering the [Bailiwick of Jersey]; and a deportation order against a person shall invalidate any leave to enter or remain in the [Bailiwick of Jersey] given him before the order is made or while it is in force.
2. A deportation order against a person may at any time be revoked by a further order of the [Lieutenant-Governor Minister], and shall cease to have effect if he becomes <a British citizen>.
3. A deportation order shall not be made against a person as belonging to the family of another person if more than eight weeks have elapsed since the other person left the [Bailiwick of Jersey] after the making of the deportation order against him; and a deportation order made against a person on that ground shall cease to have effect if he ceases to belong to the family of the other person, or if the deportation order made against the other person ceases to have effect.
4. For purposes of deportation the following shall be those who are regarded as belonging to another person's family -

1. where that other person is a man, his wife or civil partner and his or her children under the age of eighteen; and
2. where that other person is a woman, her husband or civil partner and her or his children under the age of eighteen;

and for purposes of this subsection an adopted child, whether legally adopted or not, may be treated as the child of the adopter and, if legally adopted shall be regarded as the child only of the adopter; an illegitimate child (subject to the foregoing rule as to adoptions) shall be regarded as the child of the mother; and "wife" includes each of two or more wives.

5. The provisions of Schedule 3 to this Act shall have effect with respect to the removal from the [Bailiwick of Jersey] of persons against whom deportation orders are in force and with respect to the detention or control of persons in connexion with deportation.
6. Where a person is liable to deportation under section 3(5)< * * * > or (6) above but without a deportation order being made against him, leaves the [Bailiwick of Jersey] to live permanently abroad, the [Committee Minister] may make payments of such amounts as he may determine to meet that person's expenses in so leaving the [Bailiwick of Jersey], including travelling expenses for members of his family or household.

6. Recommendations by Court for Deportation

1. Where under section 3(6) above a person convicted of an offence is liable to deportation  on  the  recommendation  of  a  court,  he  may  be  recommended  for deportation by any court having power to sentence him for the offence. * * *

<* * * * *>

2. A court shall not recommend a person for deportation unless he has been given not less  than  seven  days  notice  in  writing  stating  that  a  person  is  not  liable  to deportation if he is <a British citizen>, describing the persons who are <British citizens> and stating (so far as material) the effect of section 3(8) above and section 7 below; but the powers of [a court to adjourn] shall include power to adjourn, after convicting an offender, for the purpose of enabling a notice to be given to him under this subsection or, if a notice was so given to him less than seven days previously, for the purpose of enabling the necessary seven days to elapse.
3. For purposes of section 3(6) above -

1. a person shall be deemed to have attained the age of seventeen at the time of his conviction if, on consideration of any available evidence, he appears to have  done  so  to  the  court  making  or  considering  a  recommendation  for deportation; and
2. the question whether an offence is one for which a person is punishable with imprisonment shall be determined without regard to any enactment restricting the imprisonment of young offenders or <persons who have not previously been sentenced to imprisonment>;

and for the purposes of deportation a person who on being charged with an offence is found to have committed it shall, notwithstanding any enactment to the contrary and notwithstanding that the court does not proceed to conviction, be regarded as a person convicted of the offence, and references to conviction shall be construed accordingly.

4. Notwithstanding any rule of practice restricting the matters which ought to be taken into  account  in  dealing  with  an  offender  who  is  sentenced  to  imprisonment,  a recommendation for deportation may be made in respect of an offender who is sentenced to imprisonment for life.
5. Where a court recommends or purports to recommend a person for deportation, the validity of the recommendation shall not be called in question except on an appeal against the recommendation or against the conviction on which it is made; but -

1. < * * * > the recommendation shall be treated as a sentence for the purpose of any enactment providing an appeal against sentence;
2. < * * * >.

6. A deportation order shall not be made on the recommendation of a court so long as an appeal or further appeal is pending against the recommendation or against the conviction on which it was made; and for this purpose an appeal or further appeal shall be treated as pending (where one is competent but has not been brought) until the expiration of the time for bringing that appeal. * * *
7. * * * * *

7. Exemption from Deportation for Certain Existing Residents

1. Notwithstanding anything in section 3(5) or (6) above but subject to the provisions of this section a Commonwealth citizen or citizen of the Republic of Ireland who was such a citizen at the coming into force of this Act and was then ordinarily resident in the [Bailiwick of Jersey] -

1. shall not be liable to deportation under section 3(5)(a); if at the time of the [Lieutenant-Governor's  Minister's]  decision  he  had  at  all  times  since  the coming into force of this Act been ordinarily resident in the United Kingdom and Islands; and
2. shall not be liable to deportation under section 3(5)(a), or (b) or 10 of the Immigration and Asylum Act 1999 if at the time of the [Lieutenant-Governor's Minister's] decision he had for the last five years been ordinarily resident in the United Kingdom and Islands; and
3. shall not on conviction of an offence be recommended for deportation under section 3(6) if at the time of the conviction he had for the last five years been ordinarily resident in the United Kingdom and Islands.

2. A person who has at any time become ordinarily resident in the United Kingdom or in any of the Islands shall not be treated for the purposes of this section as having ceased to be so by reason only of his having remained there in breach of the immigration laws.

3. The "last five years" before the material time under subsection (1)(b) or (c) above is to be taken as a period amounting in total to five years exclusive of any time during which  the  person  claiming  exemption  under  this  section  was  undergoing imprisonment or detention by virtue of a sentence passed for an offence on a conviction in the United Kingdom and Islands, and the period for which he was imprisoned or detained by virtue of the sentence amounted to six months or more.
4. For purposes of subsection (3) above -

1. "sentence" includes any order made on conviction of an offence; and
2. two or more sentences for consecutive (or partly consecutive) terms shall be treated as a single sentence; and
3. a person shall be deemed to be detained by virtue of a sentence -

(i)  at any time when he is liable to imprisonment or detention by virtue of the sentence, but is unlawfully at large * * *.

5. Nothing in this section shall be taken to exclude the operation of section 3(8) above in relation to an exemption under this section.

8. Exceptions for Seamen, Aircrews and Other Special Cases

(1)  Where a person arrives at a place in the [Bailiwick of Jersey] as a member of the crew of a ship or aircraft under an engagement requiring him to leave on that ship as a member of the crew, or to leave within seven days on that or another aircraft as a member of its crew, then unless either -

1. there is in force a deportation order made against him; or
2. he has at any time been refused leave to enter the [Bailiwick of Jersey] and has not since then been given leave to enter or remain in the [Bailiwick of Jersey]; or
3. an immigration officer requires him to submit to examination in accordance with Schedule 2 to this Act;

he may without leave enter the [Bailiwick of Jersey] at that place and remain until  the  departure  of  the  ship  or  aircraft  on  which  he  is  required  by  his engagement to leave.

[(2)  The Committee The Committee The Minister may direct that any particular person or  class  of  persons  shall  be  exempt  either  unconditionally  or  subject  to  such conditions as the Committee Minister may impose from all or any of the provisions of this Act relating to those who are not British citizens.  insofar as those provisions apply to the taking of employment; and the Lieutenant-Governor may direct that any particular  person  or class  of  persons  shall  be  exempt  either  unconditionally  or

subject to such conditions as the Lieutenant-Governor may impose from all or any of the remaining provisions of this Act relating to those who are not British citizens.]

(2A) A direction under this subsection, if made with respect to a class of persons, shall

be made by Order to which the Subordinate Legislation (Jersey) Law 1960(a) shall apply.

3. <Subject to subsection 3A below> the provisions of this Act relating to those who are not <British citizens> shall not apply to any person so long as he is a member of a  mission  (within  the  meaning  of  the Privileges  and  Immunities  (Diplomatic, Consular, etc.) (Jersey) Law 1998. Diplomatic Privileges Act 1964), a person who is a member of the family and forms part of the household of such a member, or a person otherwise entitled [within the United Kingdom] to the like immunity from jurisdiction as is conferred on a diplomatic agent.

(3A) For the purposes of subsection (3) a member of a mission other than a diplomatic

agent (as defined by the 1998 Law) is not to count as a member of a mission unless –

1. he was resident outside the Bailiwick of Jersey, and was not in the Bailiwick of Jersey, when he was offered a post as such a member; and
2. he has not ceased to be such a member after having taken up the post.]

4. The provisions of this Act relating to those who are not <British citizens>, other than the provisions relating to deportation, shall also not apply to any person so long as either -

1. he is subject, as a member of the home forces, to service law; or
2. being a member of a Commonwealth force or of a force raised under the law of any associated state, colony, protectorate or protected state, is undergoing or about to undergo training in the [Bailiwick of Jersey] with any body, contingent or detachment of the home forces; or
3. he is serving or posted for service in the United Kingdom as a member of a visiting  force  or  of  any  force  raised  as  aforesaid  or  as  a  member  of  an international headquarters or defence organisation designated for the time being by an Order in Council under section 1 of the International Headquarters and Defence Organisations Act 1964.

5. Where a person having a limited leave to enter or remain in the [Bailiwick of Jersey] becomes entitled to an exemption under this section, that leave shall continue to apply after he ceases to be entitled to the exemption, unless it has by then expired; and a person is not to be regarded for purposes of this Act as having been <settled in the [Bailiwick of Jersey] at any time when he was entitled under the former immigration  laws  to  any  exemption  corresponding  to  any  of  those  afforded  by subsection (3) or (4)(b) or (c) above or by any [direction] under subsection (2) above>.

<(5A)A [direction] under subsection (2) above may, as regards any person or class of

persons to whom it applies, provide for that person or class to be in specified circumstances regarded (notwithstanding the [direction]) as settled in the [Bailiwick of Jersey] for the purposes of section 1(1) of the British Nationality Act 1981.>1

6. In this section "the home forces" means any of her Majesty's forces other than a Commonwealth force or a force raised under the law of any associated state, colony, protectorate or protected state; "Commonwealth force" means a force of any country to which provisions of the Visiting Forces Act 1952 apply without an Order in Council under section 1 of the Act; and "visiting force" means a body, contingent or detachment of the forces of a country to which any of those provisions apply, being a body, contingent or detachment for the time being present in the [Bailiwick of Jersey] on the invitation of Her Majesty's Government in the [Bailiwick of Jersey].

8A Persons Ceasing to be Exempt

1. A person is exempt for the purposes of this section if he is exempt from provisions of this Act as a result of section 8(2) or (3).
2. If a person who is exempt –

1. ceases to be exempt, and
2. requires leave to enter or remain in the [Bailiwick of Jersey] as a result,

he is to be treated as if he had been given leave to remain in the [Bailiwick of Jersey] for a period of 90 days beginning on the day on which he ceased to be exempt.

3. If –

1. a person who is exempt ceases to be exempt, and
2. there is in force in respect of him leave for him to enter or remain in the [Bailiwick of Jersey] which expires before the end of the period mentioned in subsection (2), his leave is to be treated as expiring at the end of that period.

8B Persons Excluded from the United Kingdom under International Obligations

1. An excluded person must be refused –
   1. leave to enter the [Bailiwick of Jersey];
   2. leave to remain in the [Bailiwick of Jersey].
2. A person's leave to enter or remain in the [Bailiwick of Jersey] is cancelled on his becoming an excluded person.
3. A person's exemption from the provisions of this Act as a result of section 8(1), (2) or (3) ceases on his becoming an excluded person.

1 Page 371 of this Volume.

4. "Excluded person" means a person –

1. named by or under, or
2. of a description specified in,

a designated instrument.

5. The [Committee Minister] may by order designate an instrument if it is a resolution of the Security Council of the United Nations or an instrument made by the Council of the European Union and it –

1. requires that a person is not to be admitted to the United Kingdom (however that requirement is expressed); or
2. recommends that a person should not be admitted to the United Kingdom (however that recommendation is expressed).
   6. Subsections (1) to (3) are subject to such exceptions (if any) as may specified in the order designating the instrument in question.
   7. * * * * *
   8. * * * * *

10. Further Provisions as to Common Travel Area

1. * * * the provisions of Schedule 4 to this Act shall have effect for the purpose of taking account [in the Bailiwick of Jersey of the operation in the United Kingdom, the Bailiwick of Guernsey or the Isle of Man] of the immigration laws there.
2. Persons who lawfully enter the [Bailiwick of Jersey] on a local journey from a place in the common travel area after having either -

1. entered [the United Kingdom, the Bailiwick of Guernsey or the Isle of Man] or the Republic of Ireland on coming from a place outside the common travel area; or
2. left the [Bailiwick of Jersey] while having a limited leave to enter or remain which has since expired;

if they are not <British citizens> (and are not to be regarded under Schedule 4 to this Act as having leave to enter the [Bailiwick of Jersey]), shall be subject in the [Bailiwick of Jersey] to such restrictions on the period for which they may remain, and such conditions restricting their employment or occupation or requiring them to register [as provided under section 4(3) above or both, as may be imposed by an Order  of  the  Minister  and  may  be  applicable  to  them.  by  order  and  may  be applicable to them; and the power to make an order under this subsection shall be exercised -

1. as respects the period for which persons may remain, by the Lieutenant- Governor, and
2. as respects other conditions, by the Committee.]

3. Any provision of this Act applying to a limited leave or to conditions attached to a limited leave shall, unless otherwise provided, have effect in relation to a person subject to any restriction or condition by virtue of an order under subsection (2) above as if the provisions of the order applicable to him were terms on which he had been given leave under this Act to enter the [Bailiwick of Jersey].
4. Section 1(3) above shall not be taken to affect the operation of a deportation order; and, subject to Schedule 4 to this Act, a person who is not <a British citizen> may not by virtue of section 1(3) enter the [Bailiwick of Jersey] without leave on a local journey from a place in the common travel area if either -

1. he  is  on  arrival  in  the  [Bailiwick  of  Jersey]  given  written  notice  by  an immigration  officer  stating  that,  the  [Lieutenant-Governor  Minister]  having issued directions for him not to be given entry to the [Bailiwick of Jersey] on the ground that his exclusion is conducive to the public good as being in the interests of national security, he is accordingly refused leave to enter the [Bailiwick of Jersey]; or
2. he has at any time been refused leave to enter the [Bailiwick of Jersey] and has not since then been given leave to enter or remain in the [Bailiwick of Jersey].

5. * * * * *
6. The [Lieutenant-Governor Minister] shall also have power by order to exclude the Republic of Ireland from section 1(3) for such purposes as maybe specified in the order.
7. * * * * *

10. * * * * * * *
11. Construction of References to Entry, and Other Phrases Relating to Travel

1. A person arriving in the [Bailiwick of Jersey] by ship or aircraft shall for purposes of this  Act  be  deemed  not  to  enter  the  [Bailiwick  of  Jersey]  unless  and  until  he disembarks, and on disembarkation at a port shall further be deemed not to enter the [Bailiwick of Jersey] so long as he remains in such area (if any) at the port as may be approved for this purpose by an immigration officer; and a person who has not otherwise entered the [Bailiwick of Jersey] shall be deemed not to do so as long as he is detained, or temporarily admitted or released while liable to detention, under the powers conferred by Schedule 2 to this Act.

(1A) * * * * *

2. In this Act "disembark" means disembark from a ship or aircraft, and "embark" means embark in a ship or aircraft; and, except in subsection (1) above -

1. references to disembarking in the [Bailiwick of Jersey] do not apply to disembarking after a local journey from a place in the [Bailiwick of Jersey] or elsewhere in the common travel area; and
2. references to embarking in the [Bailiwick of Jersey] do not apply to embarking for a local journey to a place in the [Bailiwick of Jersey] or elsewhere in the common travel area.

3. Except insofar as the context otherwise requires, references in this Act to arriving in the [Bailiwick of Jersey] by ship shall extend to arrival by any floating structure, and "disembark" shall be construed accordingly; but the provisions of this Act specially relating to members of the crew of a ship shall not by virtue of this provision apply in relation to any floating structure not being a ship.
4. For purposes of this Act "common travel area" has the meaning given by section 1(3), and a journey is, in relation to the common travel area, a local journey if but only if it begins and ends in the common travel area and is not made by a ship or aircraft which -

1. in the case of a journey to a place in the [Bailiwick of Jersey], began its voyage from, or has during its voyage called at, a place not in the common travel area; or
2. in the case of a journey from a place in the [Bailiwick of Jersey], is due to end its voyage in, or call in the course of its voyage at, a place not in the common travel area.

5. A person who enters the [Bailiwick of Jersey] lawfully by virtue of section 8(1) above, and seeks to remain beyond the time limited by section 8(1), shall be treated for purposes of this Act as seeking to enter the [Bailiwick of Jersey].

PART II

* * * * *

PART III CRIMINAL PROCEEDINGS

24. Illegal Entry and Similar Offences

(1)  A person who is not <a British citizen> shall be guilty of an offence punishable [with a fine] or with imprisonment for not more than six months, or with both, in any of the following cases -

1. if contrary to this Act he knowingly enters the [Bailiwick of Jersey] in breach of a deportation order or without leave;
2. if, having only a limited leave to enter or remain in the [Bailiwick of Jersey], he knowingly either -

1. remains beyond the time limited by the leave; or
2. fails to observe a condition of the leave;

3. if, having lawfully entered the [Bailiwick of Jersey] without leave by virtue of section 8(1) above, he remains without leave, beyond the time allowed by section 8(1);
4. if, without reasonable excuse, he fails to comply with any requirement imposed on him under Schedule 2 to this Act to report to a medical officer of health, or to attend, or submit to a test or examination, as required by such an officer;
5. if, without reasonable excuse, he fails to observe any restriction imposed on him under Schedule 2 or 3 to this Act as to residence <, as to his employment or occupation> or as to reporting to the police or to an immigration officer;
6. if he disembarks in the [Bailiwick of Jersey] from a ship or aircraft after being placed on board under Schedule 2 or 3 to this Act with a view to his removal from the [Bailiwick of Jersey];
7. if he embarks in contravention of a restriction imposed by or under an Order in Council under section 3(7) of this Act.

(1A) A person commits an offence under subsection (1)(b)(i) above on the day when he

first knows that the time limited by his leave has expired and continues to commit it throughout any period during which he is in the [Bailiwick of Jersey] thereafter; but a person shall not be prosecuted under that provision more than once in respect of the same limited leave.>

(2)* * * * * (3)* * * * *

(4)  In proceedings for an offence against subsection (1)(a) above of entering the [Bailiwick of Jersey] without leave -

1. any stamp purporting to have been imprinted on a passport or other travel document by an immigration officer on a particular date for the purpose of giving leave shall be presumed to have been duly so imprinted, unless the contrary is proved;
2. proof that a person had leave to enter the [Bailiwick of Jersey] shall lie on the defence, if, but only if, he is shown to have entered within six months before the date when the proceedings were commenced.

24A Deception

1. A person who is not a British citizen is guilty of an offence if, by means which include deception by him –

1. obtains or seeks to obtain leave to enter or remain in the [Bailiwick of Jersey]; or
2. he secures or seeks to secure the avoidance, postponement or revocation of enforcement action against him.

2. "Enforcement action", in relation to a person, means –

1. the giving of directions for his removal from the [Bailiwick of Jersey] ("directions") under Schedule 2 to this Act or section 10 of the Immigration and Asylum Act 1999;
2. the making of a deportation order against him under section 5 of this Act; or
3. his removal from the [Bailiwick of Jersey] in consequence of directions or a deportation order.

[(3) A person guilty of an offence under this section is liable on conviction to

imprisonment for a term not exceeding two years or to a fine, or to both.]

(4)  * * * * *

25. Assisting Illegal Entry, and Harbouring

1. Any person knowingly concerned in making or carrying out arrangements for securing or facilitating.

1. the entry into the [Bailiwick of Jersey] of anyone whom he knows or has reasonable cause for believing to be an illegal entrant;
2. the entry into the [Bailiwick of Jersey] of anyone whom he knows or has reasonable cause for believing to be an asylum claimant; or

3. the obtaining by anyone of leave to remain in the [Bailiwick of Jersey] by means  which  he  knows  or  has  reasonable  cause  for  believing  to  include deception shall be guilty of an offence, punishable * * * with a fine or with imprisonment for not more than ten years, or with both.

(1A) Nothing in subsection (1)(b) applies to anything done in relation to a person who –

1. has been detained under paragraph 16 of Schedule 2 to this Act; or
2. has been granted temporary admission under paragraph 21 of that Schedule.

(1B) Nothing in subsection (1)(b) applies to anything done by a person otherwise than for

gain.

(1C) Nothing in subsection (1)(b) applies to anything done to assist an asylum claimant

by a person in the course of his employment by a bona fide organisation, if the purposes of that organisation include assistance to persons in the position of the asylum claimant.

(1D) "Asylum claimant" means a person who intends to make a claim that it would be

contrary to the United Kingdom's obligations [in respect of the Bailiwick of Jersey] under the Refugee Convention or the Human Rights Convention for him to be removed from, or required to leave, the [Bailiwick of Jersey].

(1E) "Refugee Convention" and "Human Rights Convention" have the meaning given in

the Immigration and Asylum Act 1999.

2. Without prejudice to subsection (1) above a person knowingly harbouring anyone whom he knows or has reasonable cause for believing to be either an illegal entrant or a person who has committed an offence under section 24(1)(b) or (c) above, shall be guilty of an offence, punishable [with a fine] or with imprisonment for not more than six months, or with both.
3. * * * * *
4. * * * * *
5. Subsection (1) above applies to things done whether inside or outside the Bailiwick of Jersey. Paragraphs (a) and (b) of subsection (1)". above shall apply to things done outside as well as to things done in the [Bailiwick of Jersey] where they are done -

<(a)  by  a  British  citizen,  a  British  Dependent  Territories  citizen,  or  a  British

Overseas citizen;

2. by a person who under the British Nationality Act 19812 is a British subject; or
3. by a British protected person (within the meaning of that Act)>.

2 Page 371 of this Volume.

6. Where a person convicted of an offence under subsection (1)(a) or (b) above is at the time of the offence -

1. the owner or one of the owners of a ship, aircraft or vehicle used or intended to be used in carrying out the arrangements in respect of which the offence is committed; or
2. a director or manager of a company which is the owner or one of the owners of any such ship, aircraft or vehicle; or
3. captain of any such ship or aircraft; or
4. the driver of any such vehicle;.

then subject to subsections (7) and (8) below the court before which he is convicted may order the forfeiture of the ship, aircraft or vehicle.

In this subsection (but not in subsection (7) below) "owner" in relation to a ship, aircraft or vehicle which is the subject of a hire-purchase agreement, includes the person in possession of it under that agreement and, in relation to a ship or aircraft, includes a charterer.

7. A court shall not order a ship or aircraft to be forfeited under subsection (6) above on a person's conviction, unless -

1. in the case of a ship, it is of less than 500 tons of gross tonnage, or, in the case of an aircraft (not being a hovercraft), it is of less than 5,700 kilogrammes operating weight; or
2. the person convicted is at the time of the offence the owner or one of the owners, or a director or manager of a company which is the owner or one of the owners, of the ship or aircraft; or
3. the ship or aircraft, under the arrangements in respect of which the offence is committed, has been used for bringing more than 20 persons at one time to the [Bailiwick of Jersey] as illegal entrants, and the intention to use the ship or aircraft in bringing persons to the [Bailiwick of Jersey] as illegal entrants was known to, or could by the exercise of reasonable diligence, have been discovered by, some person on whose conviction the ship or aircraft would have been liable to forfeiture in accordance with paragraph (b) above.

In this subsection "operating weight" means in relation to an aircraft the maximum total weight of the aircraft and its contents at which the aircraft may take off anywhere in the world, in the most favourable circumstances, in accordance with the certificate of airworthiness in force in respect of the aircraft.

8. A court shall not order a ship, aircraft or vehicle to be forfeited under subsection (6) above, where a person claiming to be the owner of the ship, aircraft or vehicle or otherwise interested in it applies to be heard by the court. unless an opportunity has been given to him to show cause why the order should not be made.

25A Detention of Ships, Aircraft and Vehicles in Connection with Offences Under

Section 25(1)

1. If a person has been arrested for an offence under section 25(1)(a) or (b), a senior officer or a [police officer] may detain a relevant ship, aircraft or vehicle –

1. until a decision is taken as to whether or not to charge the arrested person with that offence; or
2. if the arrested person has been charged –

1. until he is acquitted, the charge against him is dismissed or the proceedings are discontinued; or
2. if he has been convicted, until the court decides whether or not to order forfeiture of the ship, aircraft or vehicle.

2. A ship, aircraft or vehicle is a relevant ship, aircraft or vehicle, in relation to an arrested person, if it is one which the officer or [police officer] concerned has reasonable grounds for believing could, on conviction of the arrested person for the offence for which he was arrested, be the subject of an order for forfeiture made under section 25(6).
3. A person (other than the arrested person) who claims to be the owner of a ship, aircraft or vehicle which has been detained under this section may apply to the court for its release.
4. The court to which an application is made under subsection (3) may, on such security or surety being tendered as it considers satisfactory, release the ship, aircraft or vehicle on condition that it is made available to the court if –

1. the arrested person is convicted; and
2. an order for its forfeiture is made under section 25(6).

5. * * * * * [(6)  "Court" means –

1. if the arrested person has not been charged, the Magistrate's Court;
2. if he has been charged, but proceedings for the offence have not begun to be heard, the Magistrate's Court;
3. if he has been charged and proceedings for the offence are being heard, the court hearing the proceedings.]

7. "Owner" has the same meaning as it has in section 25(6).
8. "Senior officer" means an immigration officer not below the rank of chief immigration officer.

26. General Offences in Connexion with Administration of Act

1. A person shall be guilty of an offence punishable [with a fine] or with imprisonment for not more than six months, or with both, in any of the following cases -

1. if, without reasonable excuse, he refuses or fails to submit to examination under Schedule 2 to this Act;
2. if, without reasonable excuse, he refuses or fails to furnish or produce any information in his possession, or any documents in his possession or control, which he is on an examination under that Schedule required to furnish or produce;
3. if on any such examination or otherwise he makes or causes to be made to an immigration officer or other person lawfully acting in the execution of a relevant enactment a return, statement or representation which he knows to be false or does not believe to be true;
4. if, without lawful authority, he alters any <certificate of entitlement>, entry clearance, work permit or other document issued or made under or for the purposes of this Act, or uses for the purposes of this Act, or has in his possession for such use, any passport, <certificate of entitlement>, entry clearance, work permit or other document which he knows or has reasonable cause to believe to be false;
5. if, without reasonable excuse, he fails to complete and produce a landing or embarkation card in accordance with any [direction] under Schedule 2 to this Act;
6. if, without reasonable excuse, he fails to comply with any requirement of [an order under section 4(3) or (4)] above;
7. if, without reasonable excuse, he obstructs an immigration officer or other person lawfully acting in the execution of this Act.

2. * * * * *
3. "Relevant enactment" means –

1. this Act;
2. the Immigration Act 1988;
3. * * * * *
4. the Immigration and Asylum Act 1999* * *.

27. Offences by Persons Connected with Ships or Aircraft or with Ports

A person shall he guilty of an offence punishable [with a fine] or with imprisonment for not more than six months, or with both, in any of the following cases -

1. if, being the captain of a ship or aircraft, -

1. he knowingly permits a person to disembark in the [Bailiwick of Jersey] when required under Schedule 2 or 3 to this Act to prevent it, or fails without reasonable excuse to take any steps he is required by or under Schedule 2 to take in connexion with the disembarkation or examination of passengers or for furnishing a passenger list or particulars of members of the crew; or
2. he fails, without reasonable excuse, to comply with any directions given him under Schedule 2 or 3 or under the Immigration and Asylum Act 1999 with respect to the removal of a person from the [Bailiwick of Jersey];

2. if, as owner or agent of a ship or aircraft, -

1. he arranges, or is knowingly concerned in any arrangements, for the ship or aircraft to call at a port other than a port of entry contrary to any provision of Schedule 2 to this Act; or
2. he fails,  without  reasonable  excuse,  to  take  any  steps  required  by  [a direction] under Schedule 2 for the supply to passengers of landing or embarkation cards; or
3. he  fails,  without  reasonable  excuse,  to  make  arrangements  for  or  in connection with the removal of a person from the [Bailiwick of Jersey] when required to do so by directions given under Schedule 2 or 3 to this Act or under the Immigration and Asylum Act 1999; or

(iiia)he  fails,  without  reasonable  excuse,  to  comply  with  a  direction  under

paragraph 5B of Schedule 2; or

4. he fails, without reasonable excuse, to comply with any other requirement imposed by or under Schedule 2 , and

3. if, as owner or agent of a ship or aircraft or as a person concerned in the management of a port, he fails, without reasonable excuse, to take any steps required by Schedule 2 in relation to the embarkation or disembarkation of passengers where a control area is designated.

(ca)  if a person concerned in the management of a port he fails, without reasonable excuse, to comply with a direction under paragraph 5B of Schedule 2.

4. * * * * *

28. Proceedings

1. * * * * *
2. * * * * *
3. * * * * *
4. Any powers exercisable under this Act in the case of any person may be exercised notwithstanding that proceedings for an offence under this Part of this Act have been taken against him.

28A Arrest without Warr ant

1. A [police officer] or immigration officer may arrest without warrant a person –

1. who has committed or attempted to commit an offence under section 24 or 24A; or
2. whom he has reasonable grounds for suspecting has committed or attempted to commit such an offence.

2. But subsection (1) does not apply in relation to an offence under section 24(1)(d).
3. An immigration officer [or police officer] may arrest without warrant a person –
   1. who has committed an offence under section 25(1); or
   2. whom he has reasonable grounds for suspecting has committed that offence.
4. An immigration officer [or police officer] may arrest without warrant a person –

1. who has committed or attempted to commit an offence under section 25(2); or
2. whom he has reasonable grounds for suspecting has committed or attempted to commit that offence.

5. An immigration officer [or police officer] may arrest without warrant a person ("the suspect") who, or whom he has reasonable grounds for suspecting –

1. has committed or attempted to commit an offence under section 26(1)(g); or
2. is committing or attempting to commit that offence.

6. The power conferred by subsection (5) is exercisable only if either the first or the second condition is satisfied.
7. The first condition is that it appears to the officer that service of a summons

* * * is impracticable or inappropriate because –

1. he does not know, and cannot readily discover, the suspect's name;
2. he has reasonable grounds for doubting whether a name given by the suspect as his name is his real name;
3. the suspect has failed to give him a satisfactory address for service; or
4. he has reasonable grounds for doubting whether an address given by the suspect is a satisfactory address for service.

8. The second condition is that the officer has reasonable grounds for believing that arrest is necessary to prevent the suspect –

1. causing physical injury to himself or another person;
2. suffering physical injury; or
3. causing loss of or damage to property.

9. For the purposes of subsection (7), an address is a satisfactory address for service if it appears to the officer –

1. that the suspect will be at that address for a sufficiently long period for it to be possible to serve him with a summons (or copy complaint); or
2. that  some  other  person  specified  by  the  suspect  will accept  service  of  a summons (or copy complaint) for the suspect at that address.

10. In relation to the exercise of the powers conferred by subsections (3)(b), (4)(b) and (5), it is immaterial that no offence has been committed.
11. * * * * *

28B Search and Arrest by Warr ant

1. Subsection (2) applies if [the Bailiff ] is, by written information on oath, satisfied that there are reasonable grounds for suspecting that a person ("the suspect") who is liable to be arrested for a relevant offence is to be found on any premises.
2. The [ Bailiff ] may grant a warrant authorising any immigration officer or [police officer] to enter, if need be by force, the premises named in the warrant for the purpose of searching for and arresting the suspect.
3. * * * * *
4. * * * * *
5. "Relevant offence" means an offence under section 24(1)(a), (b), (c), (d), (e) or (f), section 24A or section 25(2).

28C Search and Arrest without Warr ant

1. An immigration officer [or police officer] may enter and search any premises for the purpose of arresting a person for an offence under section 25(1).
2. The power may be exercised –

1. only to the extent that it is reasonably required for that purpose; and
2. only if the officer has reasonable grounds for believing that the person whom he is seeking is on the premises.

3. In relation to premises consisting of two or more separate dwellings, the power is limited to entering and searching –

1. any parts of the premises which the occupiers of any dwelling comprised in the premises use in common with the occupiers of any such other dwelling; and
2. any such dwelling in which the officer has reasonable grounds for believing that the person whom he is seeking may be.

4. The power may be exercised only if the officer produces identification showing that he is an immigration officer [or police officer] (whether or not he is asked to do so).

28D Entry and Search of Premises

1. If, on an application made by an [immigration officer or a police officer, the Bailiff ] is satisfied that there are reasonable grounds for believing that –

(a) a relevant offence has been committed,

(b) there is material on premises specified in the application which is likely to be of substantial value (whether by itself or together with other material) to the investigation of the offence,

(c) the material is likely to be relevant evidence,

(d) the material does not consist of or include items subject to legal privilege,

* * *, and

(e) any of the conditions specified in subsection (2) applies,

he may issue a warrant authorising an [immigration officer or a police officer to enter] and search the premises.

2. The conditions are that –

1. it is not practicable to communicate with any person entitled to grant entry to the premises;

2. it is practicable to communicate with a person entitled to grant entry to the premises but it is not practicable to communicate with any person entitled to grant access to the evidence;
3. entry to the premises will not be granted unless a warrant is produced;
4. the purpose of a search may be frustrated or seriously prejudiced unless an immigration officer arriving at the premises can secure immediate entry to them.

3. An immigration officer may seize and retain anything for which a search has been authorised under subsection (1).
4. "Relevant offence" means an offence under section 24(1)(a), (b), (c), (d), (e) or (f), section 24A or section 25.
5. * * * * *
6. * * * * *
7. * * * * *

28E Entry and Search of Premises Following Arrest

1. This section applies if a person is arrested for an offence under this Part at a place other than a police station.
2. An immigration officer may enter and search any premises –

1. in which the person was when arrested, or
2. in which he was immediately before he was arrested,

for evidence relating to the offence for which the arrest was made ("relevant evidence").

3. The power may be exercised –

1. only if the officer has reasonable grounds for believing that there is relevant evidence on the premises; and
2. only to the extent that it is reasonably required for the purpose of discovering relevant evidence.

4. In relation to premises consisting of two or more separate dwellings, the power is limited to entering and searching –

1. any dwelling in which the arrest took place or in which the arrested person was immediately before his arrest; and

2. any parts of the premises which the occupier of any such dwelling uses in common with the occupiers of any other dwellings comprised in the premises.

5. An officer searching premises under subsection (2) may seize and retain anything he finds which he has reasonable grounds for believing is relevant evidence.
6. Subsection (5) does not apply to items which the officer has reasonable grounds for believing are items subject to legal privilege.

28F Entry and Search of Premises Following Arrest under Section 25(1)

1. An immigration officer may enter and search any premises occupied or controlled by a person arrested for an offence under section 25(1).
2. The power may be exercised –

1. only if the officer has reasonable grounds for suspecting that there is relevant evidence on the premises;
2. only to the extent that it is reasonably required for the purpose of discovering relevant evidence; and
3. subject to subsection (3), only if a senior officer has authorised it in writing.

3. The power may be exercised –

1. before taking the arrested person to a place where he is to be detained; and
2. without obtaining an authorisation under subsection (2)(c),

if the presence of that person at a place other than one where he is to be detained is necessary for the effective investigation of the offence.

4. An officer who has relied on subsection (3) must inform a senior officer as soon as is practicable.
5. The officer authorising a search, or who is informed of one under subsection (4), must make a record in writing of –

1. the grounds for the search; and
2. the nature of the evidence that was sought.

6. An officer searching premises under this section may seize and retain anything he finds which he has reasonable grounds for suspecting is relevant evidence.
7. "Relevant evidence" means evidence, other than items subject to legal privilege, that relates to the offence in question.

8. "Senior officer" means an immigration officer not below the rank of chief immigration officer.

28G Searching Arrested Persons

1. This section applies if a person is arrested for an offence under this Part at a place other than a police station.
2. An immigration officer may search the arrested person if he has reasonable grounds for believing that the arrested person may present a danger to himself or others.
3. The officer may search the arrested person for –

1. anything which he might use to assist his escape from lawful custody; or
2. anything which might be evidence relating to the offence for which he has been arrested.

4. The power conferred by subsection (3) may be exercised –

1. only if the officer has reasonable grounds for believing that the arrested person may have concealed on him anything of a kind mentioned in that subsection; and
2. only to the extent that it is reasonably required for the purpose of discovering any such thing.

5. A power conferred by this section to search a person is not to be read as authorising an officer to require a person to remove any of his clothing in public other than an outer coat, jacket or glove; but it does authorise the search of a person's mouth.
6. An officer searching a person under subsection (2) may seize and retain anything he finds, if he has reasonable groundsfor believing that that person might use it to cause physical injury to himself or to another person.
7. An officer searching a person under subsection (3) may seize and retain anything he finds, if he has reasonable grounds for believing –

1. that that person might use it to assist his escape from lawful custody; or
2. that it is evidence which relates to the offence in question.

8. Subsection (7)(b) does not apply to an item subject to legal privilege.

28H Searching Persons in Police Custody

1. This section applies if a person –

1. has been arrested for an offence under this Part; and

2. is in custody at a police station or in police detention at a place other than a police station.

2. An immigration officer may, at any time, search the arrested person in order to see whether he has with him anything –

1. which he might use to –
   1. cause physical injury to himself or others;
   2. damage property;
   3. interfere with evidence; or
   4. assist his escape; or
2. which the officer has reasonable grounds for believing is evidence relating to the offence in question.

3. The power may be exercised only to the extent that the custody officer concerned considers it to be necessary for the purpose of discovering anything of a kind mentioned in subsection (2).
4. An officer searching a person under this section may seize anything he finds, if he has reasonable grounds for believing that –

1. that person might use it for one or more of the purposes mentioned in subsection (2)(a); or
2. it is evidence relating to the offence in question.

5. Anything seized under subsection (4)(a) maybe retained by the police.
6. Anything seized under subsection (4)(b) maybe retained byan immigration officer.
7. The person from whom something is seized must be told the reason for the seizure unless he is –

1. violent or appears likely to become violent; or
2. incapable of understanding what is said to him.

8. An intimate search may not be conducted under this section.
9. The person carrying out a search under this section must be of the same sex as the person searched.

[(10) "Custody officer" means the officer in charge of a police station.]

[(11) "Intimate search" means a search which consists of the physical examination of a

person's body orifices other than the mouth.]

[(12) A person is in police detention if –

1. he has been taken to a police station after being arrested for an offence or after being arrested under Article 13 of the Prevention of Terrorism (Jersey) Law 1996,1 or under paragraph 6 of the Fifth Schedule to that Law2 by an examining officer who is a police officer; or
2. he is arrested at a police station after attending voluntarily at the station or accompanying a police officer to it,

and is detained there or is detained elsewhere in the charge of a police officer, but is not in police detention if he is in court after being charged.]

28I Seized Material: Access and Copying

1. If a person showing himself –

1. to be the occupier of the premises on which seized material was seized, or
2. to  have  had  custody  or  control  of  the  material  immediately  before  it  was seized,

asks the immigration officer who seized the material for a record of what he seized, the officer must provide the record to that person within a reasonable time.

2. If a relevant person asks an immigration officer for permission to be granted access to seized material, the officer must arrange for him to have access to the material under the supervision –

1. in the case of seized material within subsection (8)(a), of an immigration officer;
2. in the case of seized material within subsection (8)(b), of a [police officer].

3. An immigration officer may photograph or copy, or have photographed or copied, seized material.
4. If a relevant person asks an immigration officer for a photograph or copy of seized material, the officer must arrange for –

1. that person to have access to the material for the purpose of photographing or copying it under the supervision –

1. in the case of seized material within subsection (8)(a), of an immigration officer;
2. in the case of seized material within subsection (8)(b), of a [police officer]; or

2. the material to be photographed or copied.

5. A photograph or copy made under subsection (4)(b) must be supplied within a reasonable time.
6. There is no duty under this section to arrange for access to, or the supply of a photograph or copy of, any material if there are reasonable grounds for believing that to do so would prejudice –

1. the exercise of any functions in connection with which the material was seized; or
2. an  investigation  which  is  being  conducted  under  this  Act,  or  any  criminal proceedings which may be brought as a result.

7. "Relevant person" means –

1. a person who had custody or control of seized material immediately before it was seized, or
2. someone acting on behalf of such a person.

8. "Seized material" means anything –

1. seized and retained by an immigration officer, or
2. seized byan immigration officer and retained by the police, under this Part.

28J Search Warr ants: Safeguards

1. The entry or search of premises under a warrant is unlawful unless it complies with this section and section 28K.
2. If an immigration officer applies for a warrant, he must –

1. state the ground on which he makes the application and the provision of this Act under which the warrant would be issued;
2. specify the premises which it is desired to enter and search; and
3. identify, so far as is practicable, the persons or articles to be sought.

[(3) An application for a warrant is to be made ex parte and supported by an information

in writing.

4. * * * * *]
5. The officer must answer on oath any question that the [ Bailiff when] hearing the application asks him.
6. A warrant shall authorise an entry on one occasion only.

7. A warrant must specify –
   1. the name of the person applying for it;
   2. he date on which it is issued;
   3. the premises to be searched; and
   4. the provision of this Act under which it is issued.
8. A warrant must identify, so far as is practicable, the persons or articles to be sought.
9. Two copies of a warrant must be made.
10. The copies must be clearly certified as copies.
11. " Warr ant" means a warrant to enter and search premises issued to an immigration officer under this Part or under paragraph 17(2) of Schedule 2.

28K Execution of Warr ants

1. A warrant maybe executed by any immigration officer.
2. A warrant may authorise persons to accompany the officer executing it.
3. Entry and search under a warrant must be –

1. within one month from the date of its issue; and
2. at a reasonable hour, unless it appears to the officer executing it that the purpose of a search might be frustrated.

4. If the occupier of premises which are to be entered and searched is present at the time when an immigration officer seeks to execute a warrant, the officer must –

1. identify himself to the occupier and produce identification showing that he is an immigration officer;
2. show the occupier the warrant; and
3. supply him with a copy of it.

5. If –

1. the occupier is not present, but
2. some other person who appears to the officer to be in charge of the premises is present,

subsection (4) has effect as if each reference to the occupier were a reference to that other person.

6. If there is no person present who appears to the officer to be in charge of the premises, the officer must leave a copy of the warrant in a prominent place on the premises.
7. A search under a warrant may only be a search to the extent required for the purpose for which the warrant was issued.
8. An officer executing a warrant must make an endorsement on it stating –
   1. whether the persons or articles sought were found; and
   2. whether any articles, other than articles which were sought, were seized.
9. A warrant which has been executed, or has not been executed within the time authorised for its execution, must be returned [to the Bailiff 's Secretary].
10. A warrant returned under [subsection (9)] must be retained for 12 months by the [ Bailiff 's Secretary].
11. * * * * *
12. * * * * *
13. If during that 12 month period the occupier of the premises to which it relates asks to inspect it, he must be allowed to do so.
14. " Warr ant" means a warrant to enter and search premises issued to an immigration officer under this Part or under paragraph 17(2) of Schedule 2.

28L Interpretation of Part III

[(1) In this Part, "premises" includes any place and, in particular, includes –

1. any vehicle, vessel, aircraft or hovercraft; and
2. any tent or moveable structure.

2. In this Part, subject to subsection (3) below, "items subject to legal privilege" means –

1. communications between a professional legal adviser and his client or any person representing his client made in connection with the giving of legal advice to the client;
2. communications between a professional legal adviser and his client or any person representing his client or between such an adviser or his client or any such representative and any other person made in connection with or in contemplation of legal proceedings and for the purposes of such proceedings; and

3. items enclosed with or referred to in such communications and made –

1. in connection with the giving of legal advice; or
2. in connection with or in contemplation of legal proceedings and for the purposes of such proceedings,

when they are in the possession of a person who is entitled to possession of

them.

3. Items held with the intention of furthering a criminal purpose are not items subject to legal privilege.]

PART IV SUPPLEMENTARY

29. Contribution for Expenses of Persons Returning Abroad

1. The [Committee Minister] may, in such cases [as it may with the approval of the Finance  and  Economics  Committee  of  the  States  Minister  for  Treasury  and Resources] determine, make payments of such amount as may be so determined to meet or provide for expenses of persons who are not <British citizens> in leaving the  [Bailiwick  of  Jersey]  for a  country  or  territory  where  they  intend  to  reside permanently,  including  travelling  expenses  for  members  of  their  families  or households.
2. The [Committee Minister] shall, so far as practicable, administer this section so as to secure that a person's expenses in leaving the [Bailiwick of Jersey] are not met by or out of a payment made by the [Committee Minister] unless it is shown that it is in that person's interest to leave the [Bailiwick of Jersey] and that he wishes to do so.

30. * * * * *
31. * * * * *
32. General Provision as to Orders, etc.

1. Any power conferred by Part I of this Act to make an Order in Council or order (other than a deportation order) or to give any directions includes power to revoke or vary the Order in Council, order or directions.
2. Any document purporting to be an order, notice or direction made or given by [the Lieutenant-Governor  or  the  Committee  the  Minister]  for the  purposes  of  the Immigration Acts and to be signed by him or on his behalf [or, as the case may be, on behalf of the Committee] and any document purporting to be a certificate of [the Lieutenant-Governor or the Committee the Minister] so given and to be signed by him or on his behalf [or, as the case may be, on behalf of the Committee] shall be received in evidence, and shall, until the contrary is proved, be deemed to be made or issued by him [or, as the case may be, by the Committee].

3. Prima facie evidence of any such order, notice, direction or certificate as aforesaid may, in any legal proceedings * * *, be given by the production of a document bearing a certificate purporting to be signed by or on behalf of [the Lieutenant- Governor or the Committee the Minister] and stating that the document is a true copy of the order, notice, direction or certificate.
4. Where an order under section 8(2) above applies to persons specified in a schedule to the order, or any directions of [the Lieutenant-Governor or the Committee the Minister] given for the purposes of the Immigration Acts apply to persons specified in a schedule to the directions, prima facie evidence of the provisions of the order or directions other than the schedule of any entry contained in the schedule may, in any legal proceedings * * * , be given by the production of a document purporting to be signed by or on behalf of [the Lieutenant-Governor or the Committee the Minister] and stating that the document is a true copy of the said provisions and of the relevant entry.
5. "Immigration Acts" has the same meaning as in the Immigration and Asylum Act 1999.

33. Interpretation

1. For purposes of this Act, except in so far as the context otherwise requires - "aircraft" includes hovercraft, "airport" includes hoverport and "port" includes airport; "captain" means master (of a ship) or commander (of an aircraft);

"certificate of <entitlement>" means such a certificate as is referred to in section 3(9) above;

["Committee" means the Home Affair Committee of the States];

* * * * *

"crew", in relation to a ship or aircraft, means all persons actually employed in the working or service of the ship or aircraft, including the captain, and "member of the crew" shall be construed accordingly;

entrant' means a person entering or seeking to enter the [Bailiwick of Jersey] and illegal entrant' means a person -

1. unlawfully entering or seeking to enter in breach of a deportation order or of the immigration laws, or
2. entering or seeking to enter by means which include deception by another person,

and includes also a person who has entered as mentioned in paragraph (a) or (b) above;

"entry  clearance"  means  a  visa,  entry  certificate  or  other  document  which,  in accordance with the immigration rules, is to be taken as evidence <or the requisite evidence> of a person's eligibility, though not <a British citizen>, for entry into the [Bailiwick of Jersey] (but does not include a work permit);

"immigration laws" means this Act and any law for purposes similar to this Act which is for the time being or has (before or after the passing of this Act) been in force in any part of the United Kingdom and Islands;

* * * * *

"the Islands" means the Channel Islands and the Isle of Man, and "the United Kingdom and Islands" means the United Kingdom and the Islands taken together;

["legally adopted" means adopted in pursuance of an order made by a court in the United Kingdom and Islands];

["Lieutenant-Governor" means the person for the time being holding the office of Lieutenant-Governor  and  Commander-in-Chief  of  the  Island  of  Jersey  and  its Dependencies];

"Minister" means the Minister for Home Affairs;

"limited leave" and "indefinite leave" mean respectively leave under this Act to enter or remain in the [Bailiwick of Jersey] which is, and one which is not, limited as to duration;

"settled" shall be construed in accordance <with subsection (2A) below>; "ship" includes every description of vessel used in navigation;

["the States" means the States of Jersey];

* * * * *

<"United Kingdom passport" means a current passport issued by the Government of the United Kingdom, or by the Lieutenant-Governor of any of the Islands or by the Government of any territory which is for the time being a dependent territory within the meaning of the British Nationality Act 1981;>

["work  permit"  means  a  permit  issued  by  the  Committee  Minister  to  a  specific employer in respect of a specific post;]

2. It is hereby declared that, except as otherwise provided in this Act, a person is not to be treated for the purposes of any provision of this Act as ordinarily resident in the United Kingdom or in any of the Islands at a time when he is there in breach of the immigration laws.

<(2A)Subject to section 8(5) above, references to a person being settled in the [Bailiwick

of Jersey] are references to his being ordinarily resident there without being subject under the immigration laws to any restriction on the period for which he may remain.>

[(3) The ports of entry for the purposes of this Act and the ports of exit for the purposes

of any Order in Council made under section 3(7) above shall be the approved ports set out in the Schedule to the Loi (1937) sur les Etrangers3 or such places as the States may by Act designate].

4. * * * * *
5. This Act shall not be taken to supersede or impair any power exercisable by Her Majesty in relation to aliens by virtue of Her prerogative.

34. * * * * *
35. * * * * *
36. * * * * *
37. Short title and extent

1. This Act maybe cited as the Immigration Act 1971.
2. * * * * *

3 Tome VII, page 207.

SCHEDULES

SCHEDULE 1

* * * * * * * SCHEDULE 2

(Section 4)

ADMINISTRATIVE PROVISIONS AS TO CONTROL ON ENTRY, ETC.

PART I GENERAL PROVISIONS

1. Immigration Officers and Medical Inspectors

[(1)  Immigration officers for the purposes of this Act shall be appointed in accordance

with the Employment of States of Jersey Employees (Jersey) Law 2005(a). by the Committee  with  the  concurrence  of  the  Lieutenant-Governor  and,  with  such concurrence, the Committee may arrange for the employment of officers of customs as immigration officers under this Act and aliens officers appointed in pursuance of the Loi (1937) sur les Etrangers 4 shall be deemed to have been duly appointed immigration officers under this paragraph for the purposes of this Act.

2. The medical officer of health and his deputy shall be medical inspectors for the purposes of this Act.
3. In the exercise of their functions under this Act, immigration officers and medical inspectors shall act in accordance with such directions as may be given them by the Minister.-

1. by the Lieutenant-Governor, as respects the entry of persons into the Bailiwick,the period for which such persons may remain and matters incidental thereto;
2. by the Committee as respects any other matters;

and medical officers shall act in accordance with such instructions as may be given them by the Committee.]

4. An immigration officer or medical inspector may board any ship [or aircraft] for the purpose of exercising his functions under this Act.
5. An  immigration  officer,  for the  purpose  of  satisfying  himself  whether  there  are persons he may wish to examine under paragraph 2 below, may search any ship [or aircraft] and anything on board it, or any vehicle taken off a ship or aircraft in which it has been brought to the [Bailiwick of Jersey].

Tome VII, page 194.

2. Examination by Immigration Officers, and Medical Examination

1. An immigration officer may examine any persons who have arrived in the [Bailiwick of Jersey] by ship [or aircraft] (including transit passengers, members of the crew and others not seeking to enter the [Bailiwick of Jersey]) for the purpose of determining -

1. whether any of them is or is not <a British citizen>; and
2. whether, if he is not, he may or may not enter the [Bailiwick of Jersey] without leave; and
3. whether, if he may not –

1. he has been given leave which is still in force,
2. he should be given leave and for what period or on what conditions (if any), or
3. he should be refused leave.

2. Any such person, if he is seeking to enter the [Bailiwick of Jersey], may be examined also by a medical inspector or by any qualified person carrying out a test or examination required by a medical inspector.
3. A person, on being examined under this paragraph by an immigration officer or medical inspector, may be required in writing by him to submit to further examination; but a requirement under this sub-paragraph shall not prevent a person who arrives as a transit passenger, or as a member of the crew of a ship or aircraft, or for the purpose of joining a ship or aircraft as a member of the crew, from leaving by his intended ship or aircraft.

2A Examination of Persons who arrive with Continuing Leave

1. This paragraph applies to a person who has arrived in the [Bailiwick of Jersey] with leave to enter which is in force but which was given to him before his arrival.
2. He maybe examined by an immigration officer for the purpose of establishing –

1. whether there has been such a change in the circumstances of his case, since that leave was given, that it should be cancelled;
2. whether that leave was obtained as a result of false information given by him or his failure to disclose material facts; or
3. whether there are medical grounds on which that leave should be cancelled.

3. He may also be examined by an immigration officer for the purpose of determining whether it would be conducive to the public good for that leave to be cancelled.

4. He may also be examined by a medical inspector or by any qualified person carrying out a test or examination required by a medical inspector.
5. A person examined under this paragraph may be required by the officer or inspector to submit to further examination.
6. A requirement under sub-paragraph (5) does not prevent a person who arrives –

1. as a transit passenger,
2. as a member of the crew of a ship or aircraft, or
3. for the purpose of joining a ship or aircraft as a member of the crew, from leaving by his intended ship or aircraft.

7. An immigration officer examining a person under this paragraph may by notice suspend his leave to enter until the examination is completed.
8. An immigration officer may, on the completion of any examination of a person under this paragraph, cancel his leave to enter.
9. Cancellation of a person's leave under sub-paragraph (8) is to be treated for the purposes of this Act * * * as if he had been refused leave to enter at a time when he had a current entry clearance.
10. A requirement imposed under sub-paragraph (5) and a notice given under sub- paragraph (7) must be in writing."

3. (1) An immigration officer or designated person may examine any person who is embarking or seeking to embark in the Bailiwick of Jersey for the purpose of determining whether he is a British citizen and, if he is not a British citizen, for the purpose of establishing-

1. his identity
2. whether he entered Jersey lawfully;
3. whether he has complied with any conditions of leave to enter or remain in Jersey;
4. whether his return to Jersey is prohibited or restricted.

(1A) If a person is examined under sub-paragraph (1) (whether by an immigration officer

or designated person), an immigration officer may require the person, by notice in writing, to submit to further examination by the immigration officer for a purpose specified in that sub-paragraph.

(2)  So long as any Order in Council is in force under section 3(7) of this Act, an immigration officer may examine any person who is embarking or seeking to embark in the Bailiwick of Jersey for the purpose of determining -

1. whether any of the provisions of the Order apply to him; and
2. whether, if so, any power conferred by the Order should be exercised in relation to him and in what way.

4. Information and Documents

1. It shall be the duty of any person examined under paragraph 2, 2A or 3 above to furnish to the person carrying out the examination all such information in his possession as that person may require for the purpose of that or any other persons functions under that paragraph.
2. A person on his examination under paragraph 2, 2A or 3 above by an immigration officer or on his examination under paragraph 3 above by a designated person, shall, if so required by an immigration officer or designated person shall, if so required by the immigration officer -

1. produce  either  a  valid  passport  with  photograph  or  some  other  document satisfactorily establishing his identity and nationality or citizenship; and
2. declare whether or not he is carrying or conveying or has carried or conveyed documents of any relevant description specified by the immigration officer or designated person, and produce any documents of that description which he is carrying or conveying.

In paragraph (b), "relevant description" means any description appearing to the immigration officer or designated person to be relevant for the purposes of the examination.

3. Where under sub-paragraph (2)(b) above a person has been required to declare whether or not he is carrying or conveying or has carried or conveyed documents of any description,

1. he and any baggage or vehicle belonging to him or under his control; and
2. any ship, aircraft or vehicle in which he arrived in the [Bailiwick of Jersey] may be searched with a view to ascertaining whether he is doing or, as the case may be, has done so by an immigration officer or a person acting under the directions of an immigration officer:

Provided that no woman or girl shall be searched except by a woman.

4. Where a passport or other document is produced to or found by an immigration officer in accordance with this paragraph the immigration officer may examine it and detain it-

1. for the purpose of examining it, for a period not exceeding 7 days;

2. for any purpose, until the person to whom the document relates is given leave to enter the Bailiwick of Jersey or is about to depart or be removed following refusal of leave or until it is decided that the person does not require leave to enter;
3. after a time described in paragraph (b), while the immigration officer thinks that the document may be required in connection with proceedings in respect of an offence.

(4A)  Where a passport or other document is produced to a designated person in

accordance with this paragraph, the designated person-

1. may examine it and detain it; and
2. must deliver any detained passport or document to an immigration officer as soon as reasonably practicable

(4B)  If a passport or document is delivered to an immigration officer in accordance

with sub-paragraph (4A)(b), sub-paragraph (4) applies as if the immigration officer had detained the document and accordingly, the immigration officer may continue to detain it in accordance with sub-paragraph (4)(a),(b) or (c))

5. For the purpose of ascertaining that a passport or other document produced or found in accordance with this paragraph relates to a person examined under paragraph 2,2Aor 3 above the person carrying out the examination, or any immigration officer or designated person, may require the person being examined to provide information (whether or not by submitting to a process by means of which information is obtained or recorded) about his external physical characteristics (which may include, in particular, fingerprints or features of the iris any other part of the eye).

5.  [The Lieutenant-Governor Minister may by direction] make provision for requiring:

1. passengers disembarking or embarking in the [Bailiwick of Jersey], or any class of such passengers, to produce to an immigration officer, if so required, landing or embarkation cards, and
2. passengers  embarking  in  the  Bailiwick  of  Jersey,  or  any  class  of  such passengers, to produce to a designated person, if so required, embarkation cards, in such form as the [Lieutenant-Governor Minister] may direct, and for requiring the owners or agents of ships and aircraft to supply such cards to those passengers. [5]

5A.  Designated persons

1. In  this  Schedule  "designated  person"  means  a  person  designated  by  the Minister for the purposes of this Schedule.
   2. A designation under this paragraph is subject to such limitations as may be specified in the designation.
   3. A limitation under sub-paragraph (2) may, in particular, relate to the functions that are exercisable  by  virtue  of  the  designation  (and,  accordingly,  the exercise of functions under this Schedule by a designated person is subject to any such limitations specified in the person's designation).
   4. A designation under this paragraph
      1. maybe permanent or for a specified period,
      2. may (in either case)be withdrawn, and
      3. maybe varied, and

6. The power to designate, or to withdraw or vary a designation, is exercised by the Minister.

(5A)  When  the  Minister  makes,  withdraws  or  varies  a  designation  under  this

paragraph, he shall inform the Lieutenant-Governor.

6. The Minister may designate a person under this paragraph only if the Minister is satisfied that the person

1. is capable of effectively carrying out the functions that are exercisable by virtue of the designation,
2. has  received  adequate  training  in  respect  of  the  exercise  of  those functions, and
3. is otherwise a suitable person to exercise those functions.

7. In this Schedule "Minister" means the Minister for Home Affairs.

5B.  Directions to carriers and operators of ports etc

1. The Minister may direct

1. an owner or agent of a ship or aircraft, or
2. a person concerned in the management of a port, to make arrangements for designated persons to exercise a specified function, or a function of a specified description, in relation to persons of a specified description.

2. A direction under this paragraph must specify

1. the port where, and

2. the date (or dates) and time (or times) when, a function is to be exercised under the arrangements.

3. A direction under this paragraph must be in writing.
4. A direction under this paragraph may specify a description of persons by reference, in particular, to

1. the destination to which persons are travelling;
2. the route by which persons are travelling;
3. the date and time when the persons are travelling.

(2)  In this paragraph

"function" means a function under this Schedule;

"specified" means specified in a direction under this paragraph.

6. Notice of Leave to Enter or of Refusal of Leave

1. Subject to sub-paragraph (3) below, where a person examined by an immigration officer under paragraph 2 above is to be given a limited leave to enter the [Bailiwick of Jersey] or is to be refused leave, the notice giving or refusing leave shall be given not later than <twenty-four hours> after the conclusion of his examination (including any further examination) in pursuance of that paragraph; and if notice giving or refusing leave is not given him before the end of those <twenty-four hours>, he shall (if not <a British citizen>) be deemed to have been given <leave to enter the [Bailiwick of Jersey] for a period of six months subject to a condition prohibiting his taking employment> and the immigration officer shall as soon as may be give him written notice of that leave.
2. Where on a person's examination under paragraph 2 above he is given notice of leave to enter the [Bailiwick of Jersey], then at any time before the end of <twenty- four hours> from the conclusion of the examination he may be given a further notice in writing by an immigration officer cancelling the earlier notice and refusing him leave to enter.
3. Where in accordance with this paragraph a person is given notice refusing him leave to enter the [Bailiwick of Jersey], that notice may at any time be cancelled by notice in writing given him by an immigration officer; and where a person is given a notice of cancellation under this sub-paragraph <and the immigration officer does not at the same time give him indefinite or limited leave to enter, he shall be deemed to have been given leave to enter for a period of six months subject to a condition prohibiting his taking employment and the immigration officer shall as soon as may be give him written notice of that leave.>
4. Where an entrant is a member of a party in charge of a person appearing to the immigration officer to be a responsible person, any notice to be given in relation to that entrant in accordance with this paragraph shall be duly given if delivered to the person in charge of the party.

7. Power to Require Medical Examination After Entry

1. This paragraph applies if an immigration officer examining a person under paragraph 2 decides –

1. that he maybe given leave to enter the [Bailiwick of Jersey]; but
2. that a further medical test or examination may be required in the interests of public health.

2. This paragraph also applies if an immigration officer examining a person under paragraph 2A decides –

1. that his leave to enter the [Bailiwick of Jersey] should not be cancelled; but
2. that a further medical test or examination may be required in the interests of public health.

3. The immigration officer may give the person concerned notice in writing requiring him –

1. to report his arrival to such medical officer of health as may be specified in the notice; and
2. to attend at such place and time and submit to such test or examination (if any), as that medical officer of health may require.

4. In reaching a decision under paragraph (b) of sub-paragraph (1) or (2), the immigration officer must act on the advice of –

1. a medical inspector; or
2. if no medical inspector is available, a fully qualified medical practitioner."

8. Removal of Persons Refused Leave to Enter and Illegal Entrants

1. Where a person arriving in the [Bailiwick of Jersey] is refused leave to enter, an immigration officer may, subject to sub-paragraph (2) below -

1. give the captain of the ship or aircraft in which he arrives directions requiring the captain to remove him from the [Bailiwick of Jersey] in that ship or aircraft; or
2. give the owners or agents of that ship or aircraft directions requiring them to remove him from the [Bailiwick of Jersey] in any ship or aircraft specified or indicated in the directions, being a ship or aircraft of which they are the owners or agents; or

3. give  those  owners  or  agents  *   * *  directions  requiring  them  to  make arrangements for his removal from the [Bailiwick of Jersey] in any ship or aircraft  specified  or  indicated  in  the  direction  to  a  country  or  territory  so specified, being either -

1. a country of which he is a national or citizen; or
2. a  country  or  territory  in  which  he  has  obtained  a  passport  or  other document of identity; or
3. a country or territory in which he embarked for the [Bailiwick of Jersey]; or
4. a country or territory to which there is reason to believe that he will be admitted.

2. No directions shall be given under this paragraph in respect of anyone after the expiration of two months beginning with the date on which he was refused leave to enter the [Bailiwick of Jersey] <except that directions may be given under sub- paragraph (1)(b) or (c) after the end of that period if the immigration officer has within that period given written notice to the owners or agents in question of his intention to give directions to them in respect of that person>.

9.

1. Where an illegal entrant is not given leave to enter or remain in the [Bailiwick of Jersey], an immigration officer may give any such directions in respect of him as in a case within paragraph 8 above are authorised by paragraph 8(1).
2. Any leave to enter the [Bailiwick of Jersey] which is obtained by deception shall be disregarded for the purposes of this paragraph.

(1)  Where it appears to the [Lieutenant-Governor Minister] either -

1. that directions might be given in respect of a person under paragraph 8 or 9 above, but that it is not practicable for them to be given or that, if given, they would be ineffective; or
2. that directions might have been given in respect of a person under paragraph 8 above <but that the requirements of paragraph 8(2) have not been complied with>;

then the [Lieutenant-Governor Minister] may give to the owners or agents of any  ship  or  aircraft  any  such  directions  in  respect  of  that  person  as  are authorised by paragraph 8(1)(c).

2. Where  the  [Lieutenant-Governor  Minister]  may give  directions  for a  person's removal  in  accordance  with  sub-paragraph  (1)  above,  he  may  instead  give directions for his removal in accordance with arrangements to be made by the [Lieutenant-Governor Minister] to any country or territory to  which he could be removed under sub-paragraph (1).
3. The costs of complying with any directions given under this paragraph shall be defrayed by the [Committee Minister].

11. A person in respect of whom directions are given under any of paragraphs 8 to 10 above may be placed, under the authority of an immigration officer or the Lieutenant-Governor Minister, on board any ship or aircraft in which he is to be removed in accordance with the directions.
12. Seamen and Aircrews

1. If, on a person's examination by an immigration officer under paragraph 2 above, the immigration officer is satisfied that he has come to the [Bailiwick of Jersey] for the  purpose  of  joining  a  ship  or  aircraft  as  a  member  of  the  crew,  then  the immigration officer may limit the duration of any leave he gives that person to enter the [Bailiwick of Jersey] by requiring him to leave the [Bailiwick of Jersey] in a ship or aircraft specified or indicated by the notice giving leave.
2. Where a person (not being <a British citizen>) arrives in the [Bailiwick of Jersey] for the purpose of joining a ship or aircraft as a member of the crew and, having been given leave to enter as mentioned in sub-paragraph (1) above, remains beyond the time limited by that leave, or is reasonably suspected by an immigration officer of intending to do so, an immigration officer may -

1. give the captain of that ship or aircraft directions requiring the captain to remove him from the [Bailiwick of Jersey] in that ship or aircraft; or
2. give the owners or agents of that ship or aircraft directions requiring them to remove him from the [Bailiwick of Jersey] in any ship or aircraft specified or indicated in the directions, being a ship or aircraft of which they are owners or agents; or
3. give those owners or agents directions requiring them to make arrangements for his removal from the [Bailiwick of Jersey] in any ship or aircraft specified or indicated in the directions to a country or territory so specified, being either -

1. a country of which he is a national or citizen; or
2. a  country  or  territory  in  which  he  has  obtained  a  passport  or  other document of identity; or
3. a country or territory in which he embarked for the [Bailiwick of Jersey]; or

4. a country or territory where he was engaged as a member of the crew of the ship or aircraft which he arrived in the [Bailiwick of Jersey] to join; or
5. a country or territory to which there is reason to believe that he will be admitted.

13.

1. Where a person being a member of the crew of a ship or aircraft is examined by an immigration officer under paragraph 2 above, the immigration officer may limit the duration of any leave he gives that person to enter the [Bailiwick of Jersey] -

1. in the manner authorised by paragraph 12(1) above; or
2. if that person is to be allowed to enter the [Bailiwick of Jersey] in order to receive hospital treatment, by requiring him, on completion of that treatment, to leave the [Bailiwick of Jersey] in accordance with arrangements to be made for his repatriation; or
3. by requiring him to leave the [Bailiwick of Jersey] within a specified period in accordance with arrangements to be made for his repatriation.

2. Where a person (not being <a British citizen>) arrives in the [Bailiwick of Jersey] as a member of the crew of a ship or aircraft, and either -

1. having lawfully entered the [Bailiwick of Jersey] without leave by virtue of section 8(1) of this Act, he remains without leave beyond the time allowed by section 8(1), or is reasonably suspected by an immigration officer of intending to do so; or
2. having been given leave limited as mentioned in sub-paragraph (1) above, he remains beyond the time limited by that leave, or is reasonably suspected by an immigration officer of intending to do so;

an immigration officer may -

1. give the captain of the ship or aircraft in which he arrived directions requiring the captain to remove him from the [Bailiwick of Jersey] in that ship or aircraft; or
2. give the owners or agents of that ship or aircraft directions requiring them to remove him from the [Bailiwick of Jersey]; being a ship or aircraft specified or indicated in the directions, being a ship or aircraft of which they are the owners or agents; or
3. give those owners or agents directions requiring them to make arrangements for his removal from the [Bailiwick of Jersey] in any ship or aircraft specified or indicated in the directions to a country or territory so specified, being either -

1. a country of which he is a national or citizen; or

2. a  country  or  territory  in  which  he  has  obtained  a  passport  or  other document of identity; or
3. a country in which he embarked for the [Bailiwick of Jersey]; or
4. a country or territory in which he was engaged as a member of the crew of the ship or aircraft in which he arrived in the [Bailiwick of Jersey]; or
5. a country or territory to which there is reason to believe that he will be admitted.

1. Where it appears to the [Lieutenant-Governor Minister] that directions might be given in respect of a person under paragraph 12 or 13 above, but that it is not practicable for them to be given or that, if given, they would be ineffective, then the [Lieutenant-Governor Minister] may give to the owners or agents of any ship or aircraft any such directions in respect of that person as are authorised by paragraph 12(2)(c) or 13(2)(c).
2. Where  the  [Lieutenant-Governor  Minister]  may give  directions  for a  person's removal  in  accordance  with  sub-paragraph  (1)  above,  he  may  instead  give directions for his removal in accordance with arrangements to be made by the [Lieutenant-Governor Minister] to any country or territory to  which he could be removed under sub-paragraph (1).
3. The costs of complying with any directions given under this paragraph shall be defrayed by the [Committee Minister].

15. A person in respect of whom directions are given under any of paragraphs 12 to 14 above may be placed, under the authority of an immigration officer, on board any ship or aircraft in which he is to be removed in accordance with the directions.
16. Detention of Persons Liable to Examination or Removal

1. A person who may be required to submit to examination under paragraph 2 above may be  detained  under  the  authority  of  an  immigration  officer  pending  his examination and pending a decision to give or refuse him leave to enter.

(1A) A person whose leave to enter has been suspended under paragraph 2A may be

detained under the authority of an immigration officer pending –

1. completion of his examination under that paragraph; and
2. a decision on whether to cancel his leave to enter."

(1B) A person who has been required to submit to further examination under paragraph

3(1A) may be detained under the authority of an immigration officer, for a period not exceeding 12 hours, pending the completion of the examination.

2. If there are reasonable grounds for suspecting that a person is someone in respect of whom directions may be given under any of paragraphs 8 to 10 or 12 to 14, that person may be detained under the authority of an immigration officer pending –

1. a decision whether or not to give such directions;
2. his removal in pursuance of such directions.

3. A person on board a ship or aircraft may, under the authority of an immigration officer, be removed from the ship or aircraft for detention under this paragraph; but if an immigration officer so requires the captain of a ship or aircraft shall prevent from disembarking in the [Bailiwick of Jersey] any person who has arrived in the [Bailiwick of Jersey] in the ship or aircraft and been refused leave to enter, and the captain may for that purpose detain him in custody on board the ship or aircraft.
4. The captain of a ship or aircraft, if so required by an immigration officer, shall prevent from disembarking in the [Bailiwick of Jersey] or before the directions for his removal have been fulfilled any person placed on board the ship or aircraft under paragraph 11 or 15 above, and the captainmayfor that purpose detain him in custody on board the ship or aircraft.