Magistrates Courts (Foreign Nationals)

Mr. Hands
To ask the Minister of State, Department for Constitutional Affairs whether magistrates are permitted to ask the Crown Prosecution Service whether they have issued an IM4—Deportation Notice when a non-EU foreign national pleads guilty to an imprisonable offence.

Ms Harman
Yes, where the court considers this information appropriate to the decision it intends to make for instance if a non-EU foreign national is found guilty of an imprisonable offence.

Mr. Hands
To ask the Minister of State, Department for Constitutional Affairs whether magistrates are permitted to ascertain the immigration status of a defendant who is a non-EU foreign national.

Ms Harman
Yes, when it becomes relevant for instance when considering bail or sentencing for an imprisonable offence. In practice this is something that would be brought to the attention of the court by the prosecution.