Removal and Detention Section 35: Deportation or removal: cooperation
162.Under section 35 the Secretary of State may require a person to take specified action if he believes that that will enable a travel document to be obtained on the person’s behalf and the travel document will facilitate the person’s deportation or removal from the United Kingdom. A person who fails, without reasonable excuse, to comply with the Secretary of State’s requirement commits an offence.
163.Travel document is defined in the subsection (7) and includes a passport as well as other official documents which enable or facilitate travel from the United Kingdom to another state.
164.The section sets out the types of steps the Secretary of State may require someone to take, but these are not meant to be exhaustive. They include things like obtaining documents, providing documents and providing fingerprints.
165.Many people arrive in the United Kingdom without a passport or other identification and cannot, in many cases, be removed or deported unless a travel document is obtained on their behalf. A travel document is obtained from the person’s relevant embassy or high commission and before issuing such a document the embassy must be satisfied of the person’s identity and nationality. This requires certain information to be obtained from and, on some occasions, attendance at interviews by, the person concerned.
166.The offence may be tried summarily on or indictment. On summary conviction the maximum penalty is six months imprisonment, a fine up to the statutory maximum or both. On conviction on indictment the maximum penalty is two years imprisonment, a fine, or both. When section 154 of the Criminal Justice Act 2003 is commenced the sentence that may be passed on summary conviction will increase to 12 months in England and Wales. It is expected that at the same time a similar amendment will be made in respect of Scotland and Northern Ireland.