Section 21 — Endangering another during sea crossing to United Kingdom

(1) Section 24 of the Immigration Act 1971 (illegal entry and similar offences) is amended in accordance with subsections (2) to (8).

(2) After subsection (E1) insert— (E1A) A person commits an offence under this subsection if— (a) the person commits an offence under subsection (A1), (B1), (D1) or (E1), (b) the person’s journey which resulted in their entry into, or arrival in, the United Kingdom as mentioned in subsection (A1), (B1), (D1) or (E1) (as the case may be) was a journey by water from France, Belgium or the Netherlands, and (c) at any time during the relevant period, the person did an act that caused, or created a risk of, the death of, or serious personal injury to, another person. (E1B) For the purposes of subsection (E1A)(c) and this subsection— (a) “personal injury” means physical or psychological injury; (b) “the relevant period” means the period— (i) beginning when the person first left dry land in France, Belgium or the Netherlands for the purpose of making the journey, and (ii) ending when the person first reached dry land in the United Kingdom; (c) land is to be regarded as “dry land” at any particular time if it is not covered by water at that time.

(3) In subsection (F1)—

(a) in the words before paragraph (a), for “(E1)” substitute “(E1A)”;

(b) in paragraph (d), after sub-paragraph (ii) insert— (iii) for an offence under subsection (E1A) committed in connection with an offence under subsection (A1), to imprisonment for a term not exceeding six years or a fine (or both); (iv) for an offence under subsection (E1A) committed in connection with an offence under subsection (B1), (D1) or (E1), to imprisonment for a term not exceeding five years or a fine (or both).

(4) In subsection (3), after “(E1)” insert “, (E1A)”.

(5) In subsection (4), for “under subsection (B1) above of” substitute “under subsection (B1) or (E1A) in relation to”.

(6) In subsection (5), for “under subsection (D1) above of” substitute “under subsection (D1) or (E1A) in relation to”.

(7) After subsection (5) insert— (6) Subsection (E1A) applies to acts carried out inside or outside the United Kingdom.

(8) After subsection (6) (as inserted by subsection (7)) insert— (7) If, on the trial of a person charged with an offence under subsection (E1A) in connection with the commission of an offence under subsection (A1), (B1), (D1) or (E1), a magistrates’ court, sheriff or jury finds the person not guilty of the offence charged, the magistrates’ court, sheriff or jury may find the person guilty of an offence under subsection (A1), (B1), (D1) or (E1) as the case may be.

(9) In the Immigration Act 1971—

(a) in section 28B(5) (search and arrest by warrant), after “(E1)” insert “, (E1A)”;

(b) in section 28D(4) (entry and search of premises), after “(E1)” insert “, (E1A)”;

(c) in section 28Q(1) (interpretation of Part 3A), in paragraph (a) of the definition of “relevant offence”, for “or (E1),” substitute “, (E1) or (E1A),”.

(10) In the Nationality, Immigration and Asylum Act 2002—

(a) in section 129(1) (duty on local authority to disclose information on suspected immigration offences), in paragraph (a), after “(E1)” insert “, (E1A)”;

(b) in section 134(1) (duty on employer to disclose information on suspected immigration offences), in paragraph (a), after “(E1)” insert “, (E1A)”.