Legislation – Border Security, Asylum and Immigration Act 2025
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There are currently no known outstanding effects for the Border Security, Asylum and Immigration Act 2025, Section 52.
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Part 3Prevention of serious crime
Offences relating to things for use in serious crime
52Articles for use in serious crime
(1)
A person commits an offence if the person possesses a relevant article in circumstances which give rise to a reasonable suspicion that the relevant article will be used in connection with any serious offence.
(2)
A person commits an offence if the person imports, makes, adapts, supplies or offers to supply a relevant article in circumstances which give rise to a reasonable suspicion that the relevant article will be used in connection with any serious offence.
(3)
It is a defence for a person charged with an offence under this section to show that the person did not intend or suspect that the relevant article would be used in connection with any serious offence.
(4)
In proceedings for an offence under this section, if it is proved that a relevant article—
(a)
was on any premises at the same time as the accused, or
(b)
was on premises of which the accused was the occupier or which the accused habitually used otherwise than as a member of the public,
the court may assume that the accused possessed the relevant article, unless the accused shows that they did not know of its presence on the premises or that they had no control over it.
(5)
Subsection (6) applies where—
(a)
in accordance with subsection (3), it is a defence for a person charged with an offence to show a particular matter, or
(b)
in accordance with subsection (4), a court may make an assumption in relation to a person charged with an offence unless the person shows a particular matter.
(6)
A person is regarded as having shown the matter if—
(a)
sufficient evidence of the matter is adduced to raise an issue with respect to it, and
(b)
the contrary is not proved beyond reasonable doubt.
(7)
In this section—
“relevant article” has the meaning given by section 53;
“serious offence” means—
(a)
in England and Wales, an offence specified or described in Part 1 of Schedule 1 to the Serious Crime Act 2007;
(b)
in Scotland, an offence specified or described in Part 1A of that Schedule;
(c)
in Northern Ireland, an offence specified or described in Part 2 of that Schedule.
(8)
A person who commits an offence under this section is liable—
(a)
on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
(b)
on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
(c)
on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);
(d)
on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both).