Border Security, Asylum and Immigration Act 2025

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(2) A person (“P”) who is not detained in pursuance of the sentence or order of a court may be detained under the authority of the Secretary of State—

(a) while the Secretary of State considers whether to make a deportation order against P, and

(b) where the Secretary of State decides to make a deportation order against P, pending the making of the deportation order.

(2A) Sub-paragraph (2) applies only if—

(a) the Secretary of State has notified P in writing that the Secretary of State is considering whether to make a deportation order against P, or

(b) where no notice has been given under paragraph (a), the Secretary of State has notified P in writing that the Secretary of State has decided to make a deportation order against P.

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(i) when C is notified of the matter mentioned in subsection (7)(c)(i) or (ii), or

(ii) if no such notification is given to C, when C is notified of the decision mentioned in subsection (7)(c)(iii) or (iv);

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(i) when C is notified of the matter mentioned in paragraph (7)(c)(i) or (ii), or

(ii) if no such notification is given to C, when C is notified of the decision mentioned in paragraph (7)(c)(iii) or (iv);

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(4A) The Secretary of State may give a direction as mentioned in subsection (2)(b)(i) or (ii) in relation to a person detained in a prison or young offender institution only if—

(a) the Secretary of State has notified the person in writing that the Secretary of State is considering whether to make a deportation order under section 5(1) of the Immigration Act 1971 against the person, or

(b) where no notice has been given as mentioned in paragraph (a), the Secretary of State has notified the person in writing that the Secretary of State has decided to make such a deportation order against the person.

(4B) The Secretary of State may give a direction as mentioned in subsection (2)(d)(i) or (ii) in relation to a person detained in a prison or young offender institution only if—

(a) the Secretary of State has notified the person in writing that the Secretary of State is considering whether section 32(5) of the UK Borders Act 2007 applies in respect of the person, or

(b) where no notice has been given as mentioned in paragraph (a), the Secretary of State has notified the person in writing that the Secretary of State has decided that section 32(5) of that Act applies in respect of the person.

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Schedule 1A¹ — Electronic monitoring conditions

1 For the purposes of section 3(1)(c)(vi), an “electronic monitoring condition” means a condition requiring the person on whom it is imposed (“P”) to co-operate with such arrangements as the Secretary of State may specify for detecting and recording by electronic means one or more of the following—

(a) P's location at specified times, during specified periods of time or while the arrangements are in place;

(b) P's presence in a location at specified times, during specified periods of time or while the arrangements are in place;

(c) P's absence from a location at specified times, during specified periods of time or while the arrangements are in place.

2 The arrangements may in particular—

(a) require P to wear a device;

(b) require P to make specified use of a device;

(c) require P to communicate in a specified manner and at specified times or during specified periods;

(d) involve the exercise of functions by persons other than the Secretary of State.

3 If the arrangements require P to wear, or make specified use of, a device they must—

(a) prohibit P from causing or permitting damage to, or interference with, the device, and

(b) prohibit P from taking or permitting action that would or might prevent the effective operation of the device.

4 An electronic monitoring condition may not be imposed on a person unless the person is at least 18 years old.

5 In this Schedule “specified” means specified in the arrangements.

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(ea) a condition requiring the person to be at a particular place between particular times, either on particular days or on any day;

(eb) a condition requiring the person to remain within a particular area;

(ec) a condition prohibiting the person from being in a particular area;

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(6A) In this section—

(a) “short-term holding facility” has the same meaning as in Part 8,

(b) “short-term holding facility contract” means a contract entered into by the Secretary of State under section 149 as extended to short-term holding facilities by regulations under section 157(1), and

(c) “contractor”, in relation to a short-term holding facility which is being run in accordance with a short-term holding facility contract, means the person who has contracted to run it.

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14A Application of sections 15 to 24 to other working arrangements

(1) In sections 15 to 24, a reference to a person employing another person includes a reference to—

(a) a person (“person A”) engaging an individual (“individual A”) under a worker’s contract,

(b) a person (“person B”) engaging an individual sub-contractor (“individual B”), and

(c) an online matching service (“person C”) providing the details of an individual who is a service provider (“individual C”) to potential clients or customers.

(2) Accordingly—

(a) references in sections 15 to 24 to employment include engagement of the kind mentioned in paragraph (a) or (b) of subsection (1) or the provision of details as mentioned in paragraph (c) of that subsection;

(b) references in those sections to an employer include person A, person B or person C;

(c) references in those sections to an employee include individual A, individual B or individual C.

(3) In this section—

worker’s contract means a contract, other than a contract of service or apprenticeship, under which—

(a) individual A undertakes to do or perform personally work or services for person A or another person (whether or not that other person is specified in the contract), and

(b) person A is neither a client nor customer of any profession or business undertaking carried on by individual A;

individual sub-contractor means an individual (“individual B”) who has entered into a contract with person B to provide work or services in circumstances where person B has entered into a contract with a third party to provide, or arrange for the provision of, the work or services but individual B has not;

online matching service means a person who, in the course of a business—

(a) keeps a register of service providers for the purpose of matching them with potential clients or customers,

(b) provides an online service by which potential clients or customers can submit enquiries for the purpose of being matched with suitable service providers, and

(c) charges a fee or commission in return for making such matches;

service provider means a person providing, or seeking to provide, work or services for remuneration.

(4) Subsection (1)(a), and subsection (2) so far as it has effect in consequence of subsection (1)(a), do not apply if and to the extent that—

(a) under the worker’s contract, individual A undertakes to do or perform personally work or services for a person other than person A (whether or not that other person is specified in the contract), and

(b) the status of a person for whom individual A does or performs work or services under the contract is that of a client or customer of a profession or business undertaking carried on by individual A.

(5) In this section a reference to a contract includes a contract that is express or implied and (if it is express) whether oral or in writing.

(6) This section is subject to subsection (2) of section 15A (which provides for subsection (1)(a) of that section not to apply to in relation to an online matching service).

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15A Extension of liability under section 15

(1) Subsection (4) applies where a person (“A”)—

(a) employs an individual to provide work or services, or

(b) is contracted to provide, or arrange for the provision of, work or services and enters into a contract under which another person is to provide, or arrange for the provision of, the work or services (or part of the work or services).

(2) The reference in subsection (1)(a) to A employing an individual does not include A doing so as mentioned in section 14A(1)(c) (online matching services).

(3) Subsection (4) also applies where—

(a) a person (“A”) is an online matching service who provides the details of another person who is a service provider to potential clients or customers, and

(b) as a result of being matched by person A, the service provider enters into a contract with a client or customer for the provision of work or services.

(4) For the purposes of section 15, and where this would not otherwise be the case, A is to be treated as employing any individual (“B”) who personally provides the work or services (or any part of the work or services), including where—

(a) A is not in a contractual relationship with B, or

(b) A does not know that B is providing the work or services (or part of the work or services).

(5) Subsection (4) applies where A is contracted to provide, or arrange for the provision of, the work or services regardless of whether that contract is the first or any other contract in a chain of contracts to provide, or arrange for the provision of, the work or services (or part of the work or services).

(6) This section does not affect the liability of any other employer under section 15.

(7) In sections 15, 16, 17, 23 and 24 a reference to a person employing another person includes a reference to a person who is treated as doing so by virtue of subsection (4); and references in those sections to employment, employers and employees are to be construed accordingly.

(8) In this section “online matching service” and “service provider” have the same meaning as in section 14A.

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86B Timeframe for determination of appeal brought by certain non-detained appellants liable to deportation

(1) This section applies on an appeal under section 82(1) where the appeal is brought by a person falling within subsection (2).

(2) A person falls within this subsection if, at the time the appeal mentioned in subsection (1) is instituted, the person—

(a) is not detained (whether under any provision of the Immigration Acts or otherwise),

(b) has been convicted of an offence (whether in or outside the United Kingdom), and

(c) is liable to deportation under section 3(5)(a) of the Immigration Act 1971 (Secretary of State deeming deportation conducive to public good).

(3) The Tribunal must, except where the Tribunal considers that it is not reasonably practicable to do so, determine the appeal and give notice of its determination to the parties before the end of the period of 24 weeks beginning with the day after that on which the appeal is instituted.

(4) But subsection (3) does not apply or, as the case may be, ceases to apply, if the appeal must be brought, or must be continued, from outside the United Kingdom.

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1A Section 86B of the 2002 Act (timeframe for determination of appeal brought by certain non-detained appellants liable to deportation) applies in relation to an appeal under these Regulations to the First-tier Tribunal as it applies in relation to an appeal under section 82(1) of the 2002 Act but as if for subsection (4) there were substituted—

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(4) But subsection (3) does not apply or, as the case may be, ceases to apply, if the appeal is brought, or is continued, from outside the United Kingdom.

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(5ZA) A person is to be presumed to have been convicted by a final judgment of a particularly serious crime if—

(a) the person is convicted in the United Kingdom of an offence listed in Schedule 3 to the Sexual Offences Act 2003, and

(b) the person is not, by virtue of the conviction, a person falling within subsection (2).

(5ZB) A person is to be presumed to have been convicted by a final judgment of a particularly serious crime if—

(a) the person is convicted outside the United Kingdom of an offence,

(b) the act constituting the offence would have constituted an offence listed in Schedule 3 to the Sexual Offences Act 2003 had it been done in any part of the United Kingdom, and

(c) the person is not, by virtue of the conviction, a person falling within subsection (3).

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(5B) A person presumed to have been convicted of a particularly serious crime by virtue of subsection (5ZA) or (5ZB) is to be presumed to constitute a danger to the community of the United Kingdom.

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Offences relating to things for use in serious crime

9G An offence under section 49 of the Border Security, Asylum and Immigration Act 2025 (articles for use in serious crime).

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Offences relating to things for use in serious crime

9B An offence under section 49 of the Border Security, Asylum and Immigration Act 2025 (articles for use in serious crime).

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Electronic monitoring requirements

5B Electronic monitoring requirements

(1) A serious crime prevention order made by a court in England and Wales may require an individual (including a partner in a partnership) to submit to electronic monitoring of their compliance with prohibitions, restrictions or other requirements imposed by the order.

(2) A requirement imposed under subsection (1) is referred to in this Part as an “electronic monitoring requirement”.

(3) A serious crime prevention order that includes an electronic monitoring requirement must specify the person who is to be responsible for the monitoring.

(4) The person specified under subsection (3) (“the responsible person”) must be of a description specified in regulations made by the Secretary of State.

(5) Where a serious crime prevention order imposes an electronic monitoring requirement on a person, the person must (among other things)—

(a) submit, as required from time to time by the responsible person, to—

(i) being fitted with, or the installation of, any necessary apparatus, and

(ii) the inspection or repair of any apparatus fitted or installed for the purpose of the monitoring;

(b) not interfere with, or with the working of, any apparatus fitted or installed for the purpose of the monitoring;

(c) take any steps required by the responsible person for the purpose of keeping in working order any apparatus fitted or installed for the purpose of the monitoring.

These obligations have effect as requirements of the order.

(6) A serious crime prevention order may not provide for an electronic monitoring requirement to have effect for more than 12 months (but this does not limit any power of a court to extend that period).

5C Conditions for imposing electronic monitoring requirements

(1) This section applies for the purpose of determining whether a court may impose an electronic monitoring requirement on a person (“P”) under section 5B.

(2) The requirement may not be imposed in P’s absence.

(3) If there is a person (other than P) without whose co-operation it would be impracticable to secure the monitoring in question, the requirement may not be imposed without that person’s consent.

(4) A court may impose the requirement in relation to a relevant police area or areas only if—

(a) it has been notified by the Secretary of State that electronic monitoring arrangements are available in the area or areas, and

(b) it is satisfied that the necessary provision can be made under the arrangements currently available.

(5) For the purposes of subsection (4)—

relevant police area means—

(a) the police area in England or Wales in which it appears to the court that P resides or will reside, and

(b) in a case where it is proposed to include in the order—

(i) a requirement that P must remain, for specified periods, at a specified place, or

(ii) a provision prohibiting P from entering a specified place or area,

the police area in England or Wales in which the place or area proposed to be specified is situated;

specified means specified in the order.

5D Data from electronic monitoring: code of practice

(1) The Secretary of State must issue a code of practice relating to the processing of data gathered in the course of electronic monitoring of individuals under electronic monitoring requirements imposed by serious crime prevention orders.

(2) A failure to act in accordance with a code issued under this section does not of itself make a person liable to any criminal or civil proceedings.

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(9) But, in the case of an order made by a court in England and Wales, the High Court in England and Wales may not extend the period for which an electronic monitoring requirement has effect by more than 12 months at a time.

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(8) But, in the case of an order made by a court in England and Wales, the Crown Court in England and Wales may not extend the period for which an electronic monitoring requirement has effect by more than 12 months at a time.

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(7A) But, in the case of an order made by a court in England and Wales, the Crown Court in England and Wales may not extend the period for which an electronic monitoring requirement has effect by more than 12 months at a time.

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Interim serious crime prevention orders

5E Interim serious crime prevention orders

(1) This section applies where—

(a) an application to the High Court in England and Wales for a serious crime prevention order has not been determined, or

(b) an application to the appropriate court in Scotland or the High Court in Northern Ireland for a serious crime prevention order that is terrorism-related (see section 8A) has not been determined.

(2) The court may, if it considers it just to do so, make an interim serious crime prevention order in relation to the person.

(3) An interim serious crime prevention order may contain such prohibitions, restrictions or requirements, and such other terms, as the court considers appropriate to protect the public by preventing, restricting or disrupting involvement by the person in serious crime—

(a) in England and Wales, in the case of an order made by the High Court in England and Wales;

(b) in Scotland, in the case of an order made by the appropriate court in Scotland;

(c) in Northern Ireland, in the case of an order made by the High Court in Northern Ireland.

(4) Sections 5 to 5D apply in relation to an interim serious crime prevention order as they apply in relation to a serious crime prevention order.

(5) An interim serious crime prevention order in relation to a person may be made only where the application for the order is made at the same time as, or after, the main application is made.

(6) In this Part—

interim serious crime prevention order means an order under this section;

main application, in relation to an interim serious crime prevention order, means the application mentioned in subsection (1).

(7) For the purposes of this Part references to the person who is the subject of an interim serious crime prevention order are references to the person against whom the public is to be protected.

5F Without notice applications

(1) An application for an interim serious crime prevention order, or for the variation of an interim serious crime prevention order, may be made without notice being given to the person against whom the order is to be made in circumstances where notice of the application is likely to prejudice the outcome sought by the applicant.

(2) Where the court makes an interim serious crime prevention order in relation to a person (“P”) in a case where the application for the order was made without notice, the court must give P an opportunity to make representations about the order—

(a) as soon as reasonably practicable, and

(b) at a hearing of which notice has been given to P in accordance with rules of court.

(3) Where a person (whether P or another) makes an application for an interim serious crime prevention order made without notice to be varied or discharged, the court may not dismiss the application unless the person has been given an opportunity to make representations about the order at a hearing of which notice has been given to the person in accordance with rules of court.

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8AA Relevant applicant authority to apply for interim order

An interim serious crime prevention order may be made only on an application by the relevant applicant authority (see section 10) in relation to the main application.

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10A Notice requirements in relation to interim orders

(1) A person who is the subject of an interim serious crime prevention order (“P”) is bound by it or a variation of it only if—

(a) P is represented (whether in person or otherwise) at the proceedings at which the order or (as the case may be) variation is made, or

(b) a notice setting out the terms of the order or (as the case may be) variation has been served on P in accordance with subsections (2) to (4).

(2) The notice must be served on P—

(a) as soon as reasonably practicable after the order or variation is made, and in any event no later than the end of the period of 7 days beginning with the day on which the order or variation is made;

(b) by delivering it to P in person, unless the court provides otherwise under subsection (4).

(3) For the purposes of delivering such a notice to P in person, a constable or a person authorised for the purpose by the relevant applicant authority may (if necessary by force)—

(a) enter any premises where the constable or authorised person has reasonable grounds for believing P to be, and

(b) search those premises for P.

(4) Where it has not been possible to deliver the notice to P in person, the notice may be served on P using such other method of service as the court may allow.

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(4A) An interim serious crime prevention order ceases to be in force—

(a) on the date or dates specified in the order, or

(b) if earlier, on the determination of the main application.

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8 Limited class of applicants for making of orders

(1) A serious crime prevention order may be made by the High Court in England and Wales—

(a) only on an application by—

(i) the Director of Public Prosecutions,

(ii) the Director of the Serious Fraud Office,

(iii) the Director General of the National Crime Agency,

(iv) the Commissioners for His Majesty’s Revenue and Customs,

(v) the chief officer of police of a police force in England and Wales,

(vi) the Chief Constable of the British Transport Police Force, or

(vii) the Chief Constable of the Ministry of Defence Police, and

(b) in the case of an application by a person listed in paragraph (a)(iii) to (vii), only if the person has consulted the Director of Public Prosecutions.

(2) A serious crime prevention order may be made by the Crown Court in England and Wales—

(a) only on an application by—

(i) the Director of Public Prosecutions,

(ii) the Director of the Serious Fraud Office, or

(iii) the chief officer of police of a police force in England and Wales, and

(b) in the case of an application by the chief officer of police of such a police force, only if—

(i) it is an application for an order under section 19 or 19A that is terrorism-related (see section 8A), and

(ii) the chief officer has consulted the Director of Public Prosecutions.

(3) A serious crime prevention order may be made by a court or sheriff in Scotland—

(a) only on an application by—

(i) the Lord Advocate, or

(ii) the chief constable of the Police Service of Scotland, and

(b) in the case of an application by the chief constable, only if—

(i) it is an application for an order under section 1 that is terrorism-related (see section 8A),

(ii) the chief constable has consulted the Lord Advocate, and

(iii) it is an application made to the Court of Session (and not to the sheriff).

(4) A serious crime prevention order may be made by a court in Northern Ireland—

(a) only on an application by—

(i) the Director of Public Prosecutions for Northern Ireland, or

(ii) the Chief Constable of the Police Service of Northern Ireland, and

(b) in the case of an application by the Chief Constable, only if—

(i) it is an application for an order under section 1 that is terrorism-related (see section 8A), and

(ii) the Chief Constable has consulted the Director of Public Prosecutions for Northern Ireland.

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Notification requirements: England and Wales

15A Notification requirements: England and Wales

(1) Schedule 1A contains provision about notifications to be given by a person who is subject to a serious crime prevention order in England and Wales (a “relevant order”).

(2) A relevant order—

(a) must specify a person listed in section 8(1)(a) as the person to whom a notification under Schedule 1A is to be given;

(b) may make provision about how a notification under Schedule 1A is to be given (including provision requiring a person to give a notification in person or otherwise).

(3) In this Part references to a “specified person” are to a person specified under subsection (2)(a).

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Schedule 1A² — Relevant orders: notification requirements

Notification requirements for persons other than individuals

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(1) Where a person other than an individual is subject to a relevant order that person (“P”) must, within the period of three days beginning with the first day on which any provision of the order comes into force, notify the specified person of the name of an authorised individual.

(2) In this paragraph “authorised individual” means an individual who—

(a) is authorised by P to communicate with the specified person in relation to P’s compliance with the order, and

(b) has consented to act in that capacity.

(3) P may, at any time after notifying the specified person of the name of an authorised individual under this paragraph, notify the specified person of the name of a replacement authorised individual.

(4) Where an individual whose name is notified by P under this paragraph ceases to be an authorised individual P must, within the period of 28 days beginning with the day on which the individual ceases to be an authorised individual, notify the specified person of the name of a replacement authorised individual.

Notification requirements for individuals

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(1) An individual who is subject to a relevant order must, within the period of three days beginning with the first day on which any of the provisions of the order comes into force, notify the specified person of the notifiable information relating to the individual.

(2) If there is a change in any of the notifiable information relating to an individual who has given a notification under this paragraph the individual must, within the period of three days beginning with the day on which the change occurs, notify the specified authority of the change.

(3) A requirement to notify information under sub-paragraph (1) or (2) does not apply to an individual by virtue of a relevant order whilst the individual is required to notify that information to that authority by virtue of an earlier relevant order.

(4) If the earlier order ceases to be in force on a day on which the later order remains in force, the reference in sub-paragraph (1) to the first day on which any of the provisions of the order comes into force is to be read as a reference to that day.

(5) In this paragraph “the notifiable information” relating to an individual means—

(a) their name and, if they use one or more other names, each of those names;

(b) the address of their sole or main residence in the United Kingdom and the address of any other premises in the United Kingdom at which they regularly reside or stay;

(c) each of their telephone numbers and email addresses (if any);

(d) any name which they use to access a social media service or the function of which is to identify the user of such a service;

(e) any name—

(i) which they use to access a video game that is a user-to-user service or that is available as part of a user-to-user service, or

(ii) the function of which is to identify them as the user of such a game;

(f) identifying information relating to any motor vehicle of which they are the registered keeper, or which they have a right to use (whether routinely or on specific occasions or for specific purposes);

(g) specified financial information;

(h) specified information about identification documents;

(i) the name and address of each of their employers (if any);

(j) any information of a description specified in regulations made by the Secretary of State.

(6) For the purposes of sub-paragraph (5)—

(a) where the individual does not have a sole or main residence in the United Kingdom, paragraph (b) of that sub-paragraph is to be read as if it refers to the address or location of a place in the United Kingdom where they can regularly be found (and, if there is more than one such place, the address or location of each of those places);

(b) “social media service” means an online service that meets the following conditions—

(i) the main purpose, or one of the main purposes, of the service is to promote interaction between users (including interaction between users and user-generated content), and

(ii) making content generated by users available to other users is a significant feature of the service;

(c) “specified financial information” means the information specified in paragraph 1(1)(a) and (b) of Schedule 3A to the Counter-Terrorism Act 2008;

(d) “specified information about identification documents” means the information specified in paragraph 2(a) and (b) of that Schedule;

(e) “user-to-user service” has the meaning given by section 3 of the Online Safety Act 2023.

Offences

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(1) A person commits an offence under the law of England and Wales if the person fails, without reasonable excuse, to comply with a requirement imposed by paragraph 1(1) or (4).

(2) A person guilty of an offence under sub-paragraph (1) is liable on summary conviction to a fine.

(3) A person commits an offence under the law of England and Wales if the person—

(a) fails, without reasonable excuse, to comply with a requirement imposed by paragraph 2;

(b) gives a notification, in purported compliance with such a requirement, of any information which the person knows to be false.

(4) A person guilty of an offence under sub-paragraph (3) is liable—

(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine, or both;

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine, or both.

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(1A) For the purposes of subsection (1)(b) and sections 30(1), 31(4) and 32(3), the requirements imposed on a person by Schedule 1A are to be treated as terms of the order.

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relevant order

section 15A(1)

specified person

section 15A(3)

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(3) A statutory instrument containing an order or regulations under any of the following provisions may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament—

section 4(4);

section 49(6);

section 63(3);

section 69;

section 90;

paragraph 2(5)(j) of Schedule 1A;

paragraph 102 of Schedule 8.

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19A Orders by Crown Court on acquittal or when allowing an appeal

(1) The Crown Court in England and Wales may make an order under this section in relation to a person who is acquitted of an offence by or before the court, or where the court allows a person’s appeal against a conviction for an offence, if—

(a) the court is satisfied that the person has been involved in serious crime (whether in England and Wales or elsewhere), and

(b) the court has reasonable grounds to believe that the order would protect the public by preventing, restricting or disrupting involvement by the person in serious crime in England and Wales.

(2) A court that makes an order by virtue of subsection (1) in the case of a person who is already the subject of a serious crime prevention order, or an interim serious crime prevention order, in England and Wales must discharge the existing order.

(3) An order under this section may contain—

(a) such prohibitions, restrictions or requirements, and

(b) such other terms,

as the court considers appropriate for the purpose of protecting the public by preventing, restricting or disrupting involvement by the person concerned in serious crime in England and Wales.

(4) The powers of the court in respect of an order under this section are subject to sections 6 to 15 (safeguards).

(5) An order under this section is also called a serious crime prevention order.

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(p) the Border Security, Asylum and Immigration Act 2025, other than sections 27 to 33, Part 3 and section 57.

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