PART 3Miscellaneous
Early removal of prisoners
55Early removal from prison of prisoners liable to removal from United Kingdom
1
Where a prisoner to whom this section applies (“P”)—
a
is liable to removal from the United Kingdom, and
b
has served at least one-half of the requisite custodial period,
the Department may, with P’s agreement, remove P from prison under this section at any time during the period of 135 days ending with the day on which P will have served the requisite custodial period.
2
This section applies to a prisoner who is serving a sentence of imprisonment for a determinate term of at least 6 months, other than a prisoner serving an extended custodial sentence under Article 14 of the 2008 Order.
3
So long as P after being removed from prison under this section remains in Northern Ireland P remains liable to be detained in pursuance of P’s sentence until P has served the requisite custodial period.
4
The Department may by order amend the number of days for the time being specified in subsection (1).
5
For the purposes of this section P is liable to removal from the United Kingdom if—
a
P is liable to deportation under section 3(5) of the Immigration Act 1971 and has been notified of a decision to make a deportation order against him,
b
P is liable to deportation under section 3(6) of that Act,
c
P has been notified of a decision to refuse P leave to enter the United Kingdom,
d
P is an illegal entrant within the meaning of section 33(1) of that Act, or
e
P is liable to removal under section 10 of the Immigration and Asylum Act 1999.
6
In this section and section 56—
“the 2008 Order” means the Criminal Justice (Northern Ireland) Order 2008;
“the requisite custodial period”—
- a
in a case where P is a prisoner to whom Article 17 of the 2008 Order applies, has the meaning given by paragraph (2) of that Article;
- b
in any other case, means one-half of P’s sentence.
- a