HC Deb 20 November 2003 vol 413 cc1172-7W
Mr. Byers

To ask the Secretary of State for the Home Department (1) how many prosecutions have been brought under section 8 of the Asylum and Immigration Act 1996 in each year since its introduction; and how many have been successful; [136533]

(2) how many prosecutions have been brought under section 24 of the Immigration Act 1971 in each year since 1973; and how many have been successful. [136534]

Beverley Hughes

The latest available information on those persons proceeded against, and found guilty, under section 8 of the Immigration and Asylum Act 1996 and section 24 of the Immigration Act 1971 are shown in the table. Comparable data prior to 1983 are not available due to changes in data collection methods.

The data given for 1997 to 2001 have been revised significantly since they were published in the command paper "Control of Immigration Statistics: United Kingdom 2001" in November 2002. These corrected data are being published here for the first time. Despite

Persons found guilty of offences under Immigration Acts 1971 to 1996 in England and Wales
Number of persons
Found guilty
Act and section Offence1description 1983 1984 1985 1986 1987 1988
All courts2
Immigration Act 1971
24(1)(a) Entering UK in breach of a deportation order 10 13 13 6 6 5
24(1)(a) Entering UK without leave 7 3 10 7 7 4
24(1)(b)(i), 24(1)(c) Overstaying time limit of leave 571 599 476 446 358 229
24(1)(b)(ii), 24(1)(d) Failure to observe conditions of leave 245 260 209 202 368 313
24(1)(e) Failure to observe restrictions under Schedule 2 or 3 as to residence, employment and reporting to police or an Immigration Officer 16 11 14 12 4 1
24(A)3 Seeking leave to enter or remain, or avoidance or postponement of enforcement action, by deception
24(1)(f) and (g)
26(1)(e), (g) and 27 Other Immigration Act offences 6 3 6 2 5 3
Asylum and Immigration Act 1996
8 Employing a person subject to immigration control

Found guilty
Act and section Offence1 description 1989 1990 1991 1992 1993 1994
All courts2
Immigration Act 1971
24(1)(a) Entering UK in breach of a deportation order 4 5 2 3 1 2
24(1)(a) Entering UK without leave 1 1 4 1 5 7
24(1)(b)(i),24(1)(c) Overstaying time limit of leave 55 22 15 10 1 3
24(1)(b)(ii),24(1)(d) Failure to observe conditions of leave 77 55 31 17 6 3
24 (1) (e) Failure to observe restrictions under Schedule 2 or 3 as to residence, employment and reporting to police or an Immigration Officer 4 3 5 1
24(A)3 Seeking leave to enter or remain, or avoidance or postponement of enforcement action, by deception
24(1)(f) and (g)
26(1)(e),(g) and 27 Other Immigration Act offences 7 15 2 4 3 3
Asylum and Immigration Act 1996
8 Employing a person subject to immigration control

Found guilty
Act and section Offence1 description 1995 1996 1997 19984 19994 20004 20014
All courts2
Immigration Act 1971
24(1)(a) Entering UK in breach of a deportation order 2 1 2 6 6 2 3
24(1)(a) Entering UK without leave 10 5 16 19 24 27 37
24(1)b(i),24(1)(c) Overstaying time limit of leave 6 2 11 2 6 3 5
24(1)(b)(ii),24(1)(d) Failure to observe conditions of leave 5 7 5 7 7 2 14
Failure to observe restrictions under Schedule 2 or 3 as to residence, employment and reporting to police

being labelled as being the number of persons proceeded against under the Acts, the data for magistrates courts given previously described the number of offences and therefore have been revised downwards.

For the Crown Court, the tables previously counted immigration offences only where they were the principle offence under consideration. The figures have now been revised upwards to include the principle immigration offence, irrespective of what other offences may have been dealt with at the same time.

Information on those people proceeded against in 2002 under the Immigration Acts is due to be published at the end of November on the Home Office website: www.homeoffice.gov.uk/rds/whatsnewl.html.

Found guilty
Act and section Offence1 description 1995 1996 1997 19984 19994 20004 20014
24(1)(c) or an Immigration Officer 3 1 2 1 2 1
24(A)3 Seeking leave to enter or remain, or avoidance or postponement of enforcement action, by deception 3 1 2 1 10 10 111
24(1)(f) and (g)
26(1)(e), (g) and 27 Other Immigration Act offences 4 3 2 1 1 2 1
Asylum and Immigration Act 1996
8 Employing a person subject to immigration control 2
1 Principal immigration offence.
2 Includes cases found guilty at magistrates courts and the Crown Court.
3 As added by section 2 of the Immigration and Asylum Act 1999—(replaced section 24(1)(aa) from 14 February 2000).
4Revised

Persons found guilty of offences under Immigration Acts 1971 to 1996 in England and Wales
Number of persons
Proceeded against
Act and section Offence1 description 1983 1984 1985 1986 1987 1988
Magistrates courts
Immigration Act 1971
24(1)(a) Entering UK in breach of a deportation order 11 14 13 8 10 5
24(1)(a) Entering UK without leave 9 6 10 10 8 7
24(1)(b)(i),24(1)(c) Overstaying time limit of leave 630 663 52 509 425 291
24(1)(b)(ii),24(1)(d) Failure to observe condition of leave 263 282 249 221 435 376
24(1)(e) Failure to observe restrictions under Schedule 2 or 3 as to residence, employment and reporting to police or an Immigration Officer 19 12 16 13 5 3
24(A)2 Seeking leave to enter or remain, or avoidance or postponement of enforcement action, by deception
24(1)(f) and (g)
26(1)(e),(g) and 27 Other Immigration Act offences 8 3 8 6 6 3
Asylum and Immigration Act 1996
8 Employing a person subject to immigration control

Proceeded against
Act and section Offence1description 1989 1990 1991 1992 1993 1994
Magistrates courts
Immigration Act 1971
24(1)(a) Entering UK in breach of a deportation order 7 6 2 4 1 3
24(1)(a) Entering UK without leave 4 3 7 3 6 12
24(1)(b)(i),24(1)(c) Overstaying time limit of leave 87 45 26 16 13 17
24(1)(b)(ii),24(1)(d) Failure to observe conditions of leave 99 76 44 32 13 12
24(1)(e) Failure to observe restrictions under Schedule 2 or 3 as to residence, employment and reporting to police or an Immigration Officer 6 3 7 1 2 2
24(A)2 Seeking leave to enter or remain, or avoidance or postponement of enforcement action, by deception
24(1)(f) and (g)
26(1)(e),(g) and 27 Other Immigration Act offences 9 23 6 6 4 6
Asylum and Immigration Act 1996
8 Employing a person subject to immigration control

Proceeded against
Act and section Offence1description 1995 1996 1997 19983 19993 20003 20013
Magistrates courts
Immigration Act 1971
24(1)(a) Entering UK in breach of a deportation order 3 1 3 7 6 3 5
24(1)(a) Entering UK without leave 24 9 35 34 42 39 53
24(1)(b)(i),24(1)(c) Overstaying time limit of leave 11 11 16 3 9 12 11
24(1)b(ii),24(1)(d) Failure to observe conditions of leave 11 12 10 10 14 9 13

Proceeded against
Act and section Offence1 description 1995 1996 1997 19983 19993 20003 20013
24(1)(e) Failure to observe restrictions under Schedule 2 or 3 as to residence, employment and reporting to police or an Immigration Officer 9 3 5 2 2 3 2
24(A)2 Seeking leave to enter or remain, or avoidance or postponement of enforcement action, by deception 1 5 13 17 121
24(1)(f)and(g)
26(1)(e),(g)and 27 Other Immigration Act offences 8 4 2 3 1 3 1
Asylum and Immigration Act 1996
8 Employing a person subject to immigration control 1 4 10 5
1 Principal immigration offence.
2 As added by section 2 of the Immigration and Asylum Act 1999—(replaced section 24(1)(aa) from 14 February 2000).
3Revised