Waddington v. Miah [1974] UKHL 6

House of Lords
Between
WaddingtonAppellantMiahRespondent
Before
Lord ReidDate 1 January 1973
Immigration - Statute controlling immigration - Retrospective operation - Penal provisions - Illegal entry - Possession of false passport - Whether statute creating offences in respect of acts performed before it came into force - Immigration Act 1971, ss 24(1)(a), 26(1)(d).'on a day unknown between the 22nd day of October 1970 and the 29th day of September 1972, being a person who was not patrial within the meaning of the Immigration Act 1971, knowingly entered the United Kingdom without leave.' And the particulars given under count 2 were that the respondent --
'on the 29th day of September 1972, had in his possession for the purposes of the Immigration Act 1971, a Passport No. AC386290 which he had reasonable cause to believe to be false.'
'Whether the appellant could be convicted of offences against the Immigration Act 1971 in respect of things done by him before the Act came into force, and in particular offences against ss 24(1)(a) 26(1)(d) of the Act.' The facts are conveniently set out in an agreed statement as follows:
'The Respondent, an (unidentified) non-patrial for the purposes of the Immigra-Act, 1971, and probably a native of Bangladesh, entered the United Kingdom at Heathrow airport on 28th October, 1971. He passed himself off to the Immigration Officer as one Abid Ullah, a non-patrial Pakistani who had come to the United Kingdom in 1957 and had returned on a visit to Bangladesh in
October, 1970. For this purpose the Respondent presented a passport originally issued to the true Abid Ullah and subsequently altered by the substitition of a photograph of the Respondent. The Respondent subsequently took various employments in the United Kingdom, finally working in a foundry at Scunthorpe. He was seen by police officers on 29th September, 1972 and questioned as to his true identity. In his possession were found the passport used to obtain entry and an earlier passport issued to Abid Ullah. The police took possession of them immediately. Throughout subsequent questioning he maintained that he was Abid Ullah and recited details of his life and produced documents in support of his claim. Forensic examination of the passport showed that this was not so. On 11th May, 1973, the Chief Constable of the Lincolnshire Constabulary issued a certificate for the purposes of Section 28 of the Immigration Act, 1971. Informations were laid on 28th June, 1973.'
'No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.'
'(1) No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence under national or international law at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the criminal offence was committed.
'(2) This Article shall not prejudice the trial and punishment of any person for any act or omission which, at the time when it was committed, was criminal according to the general principles of law recognised by civilised nations.' So it is hardly credible that any government department would promote or that Parliament would pass retrospective criminal legislation.
'34. -- (1) Subject to the following provisions of this section, the enactments mentioned in Schedule 6 to this Act are hereby repealed, as from the coming into force of this Act, to the extent mentioned in column 3 of the Schedule; and -- (a) this Act, as from its coming into force, shall apply in relation to entrants or others arriving in the United Kingdom at whatever date before or after it comes into force; and (b) after this Act comes into force anything done under or for the purposes of the former immigration laws shall have effect, in so far as any corresponding action could be taken under or for the purposes of this Act, as if done by way of action so taken, and in relation to anything so done this Act shall apply accordingly...
'35. --... (3) The provisions of section 28(1) and (2) above shall have effect, as from the passing of this Act, in relation to offences under section 4A (unauthorised landing) of the Commonwealth Immigrants Act 1962 as amended by the Commonwealth Immigrants Act 1968, other than offences committed six months or more before the passing of this Act, as those provisions are expressed to have effect in relation to offences to which the extended time limit for prosecutions is to apply under sections 24, 25 and 26 above; but where proceedings for an offence under section 4A of the Commonwealth Immigrants Act 1962 would have been out of time but for this subsection, section 4A(4) (under which, in certain cases, a person not producing a passport duly stamped by an immigration officer is presumed for purposes of that section to have landed in contravention of it, unless the contrary is proved) shall not apply...'

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