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Deportation

Volume 983: debated on Wednesday 23 April 1980

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asked the Secretary of State for the Home Department at what stage during the service of short, medium and long custodial sentences, respectively, consideration is given to a court's recommendation for deportation; and what procedures are employed to ensure that decisions are made and, where appropriate, communicated to authorities responsible for parole before completion of sentence or eligibility for parole.

Section 6(6) of the Immigration Act 1971 precludes the making of a deportation order on the recommendation of a court while an appeal can be brought against it or against the conviction on which it was made. An appeal can be brought within 21 days in the case of a magistrates' court—28 days for a Crown court—in England and Wales and 28 days for all courts in Scotland.Thereafter, if the custodial sentence is of 12 months or less, consideration of the recommendation begins as soon as the court certificate and police report on the convictions are received. The decision is notified to the prison authorities as soon as it has been taken. If the sentence is longer than 12 months, the recommendation is considered upon receipt and a preliminary decision taken. A decision not to deport is notified to the prison authorities without further delay. If deportation appears to be merited, the recommendation is reconsidered several months before the earliest date on which the person could be released, whether on parole or otherwise. A decision to deport taken then is notified to the prison authorities as soon as the order has been made.

asked the Secretary of State for the Home Department at what stage during the service of short, medium or long custodial sentences, respectively, where the court has not recommended deportation, consideration is given to making a deportation order under section 3(5)(b) of the Immigration Act 1971.

The possibility of serving notice of intention to deport under section 3(5)(b) of the Immigration Act 1971 on a person convicted of a criminal offence and sentenced to imprisonment, but not recommended for deportation, is considered as soon as possible during the sentence. The stage at which such consideration begins varies from case to case. When notice of intention to deport is served, a deportation order may still not be made while an appeal (which lies to the Immigration Appeal Tribunal) remains undetermined.