The Immigration (Jersey) Order 2021

Section 5

SCHEDULE 3 U.K. SUPPLEMENTARY PROVISIONS AS TO DEPORTATION

Commencement Information

I1 Sch. 3n1 comes into force in accordance with art. 1(1)

Removal of persons liable to deportation

1.—(1) Where a deportation order is in force against any person, the Minister may give directions for his removal to a country or territory specified in the directions being either— (a) a country of which he is a national or citizen; or (b) a country or territory to which there is reason to believe that he will be admitted. (2) The directions under sub-paragraph (1) above may be either— (a) directions given to the captain of a ship or aircraft about to leave Jersey requiring him to remove the person in question in that ship or aircraft; or (b) directions given to the owners or agents of any ship or aircraft requiring them to make arrangements for his removal in a ship or aircraft specified or indicated in the directions; or (c) directions for his removal in accordance with arrangements to be made by the Minister. (3) In relation to directions given under this paragraph, paragraphs 11 and 16(4) of Schedule 2 to this Act shall apply, with the substitution of references to the Minister for references to an immigration officer, as they apply in relation to directions for removal given under paragraph 8 of that Schedule. (4) The Minister, if he thinks fit, may apply in or towards payment of the expenses of or incidental to the voyage from Jersey of a person against whom a deportation order is in force, or the maintenance until departure of such a person and his dependants, if any, any money belonging to that person; and except so far as they are paid as aforesaid, those expenses shall be shall be defrayed by the Minister.

Detention or control pending deportation

2.—(1) Where a recommendation for deportation made by a court is in force in respect of any person, and that person is neither detained in pursuance of the sentence or order of any court nor for the time being released on bail by any court having power so to release him, he shall, unless the court by which the recommendation is made otherwise directs, or a direction is given under sub-paragraph (1A) below, be detained pending the making of a deportation order in pursuance of the recommendation, unless the Minister directs him to be released pending further consideration of his case. (1A) Where— (a) a recommendation for deportation made by a court on conviction of a person is in force in respect of him; and (b) he appeals against his conviction or against that recommendation, the powers that the court determining the appeal may exercise include power to direct him to be released without setting aside the recommendation. (3) Where a deportation order is in force against any person, he may be detained under the authority of the Minister pending his removal or departure from Jersey (and if already detained by virtue of sub-paragraph (1) above when the order is made, shall continue to be detained unless the Minister directs otherwise). (4) In relation to detention under sub-paragraph (3) above, paragraphs 17 to 18A and 25A to 25E of Schedule 2 to this Act shall apply as they apply in relation to detention under paragraph 16 of that Schedule; and for that purpose the reference in paragraph 17(1) to a person liable to detention includes a reference to a person who would be liable to detention upon receipt of a notice which is ready to be given to him. (4ZA) The detention under sub-paragraph (1) or (3) of a person to whom section 60 (limitation on detention of pregnant women) of the Immigration Act 2016 applies is subject to that section. (5) A person to whom this sub-paragraph applies shall be subject to such restrictions as to residence, as to his employment or occupation and as to reporting to the police as may from time to time be notified to him in writing by the Minister. (6) The persons to whom sub-paragraph (5) above applies are— (a) a person liable to be detained under sub-paragraph (1) above, while by virtue of a direction of the Minister he is not so detained; and (b) a person liable to be detained under sub-paragraph (3) above, while he is not so detained.

Powers of courts pending deportation

4. Where the release of a person recommended for deportation is directed by a court, he shall be subject to such restrictions as to residence, as to his employment or occupation and as to reporting to the police as the court may direct.

5.—(1) On an application made— (a) by or on behalf of a person recommended for deportation whose release was so directed; or (b) by a police officer; or (c) by an immigration officer, the appropriate court shall have the powers specified in sub-paragraph (2) below. (2) The powers mentioned in sub-paragraph (1) above are— (a) if the person to whom the application relates is not subject to any such restrictions imposed by a court as are mentioned in paragraph 4 above, to order that he shall be subject to any such restrictions as the court may direct; and (b) if he is subject to such restrictions imposed by a court by virtue of that paragraph or this paragraph— (i) to direct that any of them shall be varied or shall cease to have effect; or (ii) to give further directions as to his residence and reporting.

6.—(1) In this Schedule “the appropriate court” means, except in a case where the court which directed release was the Court of Appeal, the court which directed release. (2) Where the Court of Appeal gave the direction, the appropriate court is the Royal Court.

7. A police officer or immigration officer may arrest without warrant any person who is subject to restrictions imposed by a court under this Schedule and who at the time of arrest is in Jersey— (a) if he has reasonable grounds to suspect that that person is contravening or has contravened any of those restrictions; or (b) if he has reasonable grounds for believing that that person is likely to contravene any of them.

8.—(1) A person arrested in pursuance of paragraph 7 above shall be brought as soon as practicable and in any event within 24 hours after his arrest before the Bailiff or a Jurat. (2) In reckoning for the purposes of this paragraph any period of 24 hours, no account shall be taken of Christmas Day, Good Friday or any Sunday.

10. Where a person is brought before the Bailiff or a Jurat by virtue of paragraph 8 above, the Bailiff or the Jurat, as the case may be— (a) if of the opinion that that person is contravening, has contravened or is likely to contravene any restriction imposed on him by a court under this Schedule, may direct— (i) that he be detained; or (ii) that he be released subject to such restrictions as to his residence and reporting to the police as the Bailiff or, as the case may be, the Jurat may direct; and (b) if not of that opinion, shall release him without altering the restrictions as to his residence and his reporting to the police.