Part I
in total to five years exclusive of any time during which the person claiming exemption under this section was undergoing imprisonment or detention by virtue of a sentence passed for an offence on a conviction in the United Kingdom and Islands, and the period for which he was imprisoned or detained by virtue of the sentence amounted to six months or more.
(4) For purposes of subsection (3) above—
- (a) “sentence” includes any order made on conviction of an offence; and
- (b) two or more sentences for consecutive (or partly consecutive) terms shall be treated as a single sentence; and
- (c) a person shall be deemed to be detained by virtue of a sentence—
- (i) at any time when he is liable to imprisonment or detention by virtue of the sentence, but is unlawfully at large; and
- (ii) (unless the sentence is passed after the material time) during any period of custody by which under any relevant enactment the term to be served under the sentence is reduced.
In paragraph (c)(ii) above “relevant enactment” means section 67 of the 1967 c. 80
1962 c. 15.Criminal Justice Act 1967 (or, before that section operated, section 17(2) of the Criminal Justice Administration Act 1962) and any similar enactment which is for the time being or has (before or after the passing of this Act) been in force in any part of the United Kingdom and Islands.
(5) Nothing in this section shall be taken to exclude the operation of section 3(8) above in relation to an exemption under this section.
Exceptions for seamen, aircrews and other special cases. 8.—(1) Where a person arrives at a place in the United Kingdom as a member of the crew of a ship or aircraft under an engagement requiring him to leave on that ship as a member of the crew, or to leave within seven days on that or another aircraft as a member of its crew, then unless either—
- (a) there is in force a deportation order made against him; or
- (b) he has at any time been refused leave to enter the United Kingdom and has not since then been given leave to enter or remain in the United Kingdom; or
- (c) an immigration officer requires him to submit to examination in accordance with Schedule 2 to this Act;
he may without leave enter the United Kingdom at that place and remain until the departure of the ship or aircraft on which he is required by his engagement to leave.
