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Immigration Control (Deportation Orders)

Volume 12: debated on Wednesday 11 November 1981

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asked the Secretary of State for the Home Department if he is yet in a position to announce the conclusions of his review of the arrangements under which the police report to his Department the convictions of persons liable to deportation.

Revised guidance to the police is contained in Home Office circular 104/1981, a copy of which has been placed in the Library. It continues to be necessary for the Home Office to receive reports in appropriate cases of the convictions of persons subject to immigration control so that my right hon. Friend is aware of cases in which he would wish to make a deportation order on the grounds that this would be conducive to the public good but where the convicting court made no recommendation as to deportation. As from now the police are asked to make reports only in the following circumstances:

(a) in respect of a person who is settled in the United Kingdom and has been here for at least five years, whether or not his stay has at any time been subject to conditions, a conviction should be reported only if it results in an immediate or suspended sentence of imprisonment—or a hospital order;
(b) in respect of a person whose stay in the United Kingdom is still subject to a time limit or of a person who has been here for less than five years, a conviction should be reported for any offence punishable with imprisonment, irrespective of the sentence.