44 Offence of driving when unlawfully in the United Kingdom

44  Offence of driving when unlawfully in the United Kingdom

(1)     The Immigration Act 1971 is amended in accordance with subsections (2) to (6).

(2)     Before section 25 insert—

“24C Driving when unlawfully in the United Kingdom

(1)     A person commits an offence if—

(a)     the person drives a motor vehicle on a road or other public place at a time when the person is not lawfully resident in the United Kingdom, and

(b)     at that time the person knows or has reasonable cause to believe that the person is not lawfully resident in the United Kingdom.

(2)     A person who is guilty of an offence under subsection (1) is liable on summary conviction—

(a)     in England and Wales, to imprisonment for a term not exceeding 51 weeks, to a fine or to both;

(b)     in Scotland or Northern Ireland, to imprisonment for a term not exceeding 6 months, to a fine not exceeding level 5 on the standard scale or to both.

(3)     In relation to an offence committed before section 281(5) of the Criminal Justice Act 2003 comes into force, the reference in subsection (2)(a) to 51 weeks is to be read as a reference to 6 months.

(4)

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