C1Part 12Sentencing

Annotations:
Modifications etc. (not altering text)

Chapter 6Release on licence

Persons liable to removal from the United Kingdom

I1259Persons liable to removal from the United Kingdom

For the purposes of this Chapter a person is liable to removal from the United Kingdom if—

a

he is liable to deportation under section 3(5) of the Immigration Act 1971 (c. 77) and has been notified of a decision to make a deportation order against him,

b

he is liable to deportation under section 3(6) of that Act,

c

he has been notified of a decision to refuse him leave to enter the United Kingdom,

d

he is an illegal entrant within the meaning of section 33(1) of that Act, or

e

he is liable to removal under section 10 of the Immigration and Asylum Act 1999 (c. 33).

259AF1Persons eligible for removal from the United Kingdom

1

For the purposes of this Chapter, to be “eligible for removal from the United Kingdom” a person must show, to the satisfaction of the Secretary of State, that the condition in subsection (2) is met.

2

The condition is that the person has the settled intention of residing permanently outside the United Kingdom if removed from prison under section 260.

3

The person must not be one who is liable to removal from the United Kingdom.

I2260Early removal of prisoners liable to removal from United Kingdom

1

Subject to subsections (2) and (3), where a fixed-term prisoner is liable to removal from the United Kingdom, the Secretary of State may remove him from prison under this section at any time during the period of 135 days ending with the day on which the prisoner will have served the requisite custodial period.

2

Subsection (1) does not apply in relation to a prisoner unless—

a

the length of the requisite custodial period is at least 6 weeks, and

b

he has served—

i

at least 4 weeks of his sentence, and

ii

at least one-half of the requisite custodial period.

3

Subsection (1) does not apply where—

a

the sentence is imposed under section 227 or 228,

b

the sentence is for an offence under section 1 of the Prisoners (Return to Custody) Act 1995 (c. 16),

c

the prisoner is subject to a hospital order, hospital direction or transfer direction under section 37, 45A or 47 of the Mental Health Act 1983 (c. 20),

d

the prisoner is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003 (c. 42), or

e

in the case of a prisoner to whom a direction under section 240 relates, the interval between the date on which the sentence was passed and the date on which the prisoner will have served the requisite custodial period is less than 14 days.

4

A prisoner removed from prison under this section—

a

is so removed only for the purpose of enabling the Secretary of State to remove him from the United Kingdom under powers conferred by—

i

Schedule 2 or 3 to the Immigration Act 1971, or

ii

section 10 of the Immigration and Asylum Act 1999 (c. 33), and

b

so long as remaining in the United Kingdom, remains liable to be detained in pursuance of his sentence until he has served the requisite custodial period.

5

So long as a prisoner removed from prison under this section remains in the United Kingdom but has not been returned to prison, any duty or power of the Secretary of State under section 244 or 248 is exercisable in relation to him as if he were in prison.

6

The Secretary of State may by order—

a

amend the number of days for the time being specified in subsection (1) or (3)(e),

b

amend the number of weeks for the time being specified in subsection (2)(a) or (b)(i), and

c

amend the fraction for the time being specified in subsection (2)(b)(ii).

7

In this section “the requisite custodial period” has the meaning given by paragraph (a), (b) or (d) of section 244(3).

I3261Re-entry into United Kingdom of offender removed from prison early

1

This section applies in relation to a person who, after being removed from prison under section 260, has been removed from the United Kingdom before he has served the requisite custodial period.

2

If a person to whom this section applies enters the United Kingdom at any time before his sentence expiry date, he is liable to be detained in pursuance of his sentence from the time of his entry into the United Kingdom until whichever is the earlier of the following—

a

the end of a period (“the further custodial period”) beginning with that time and equal in length to the outstanding custodial period, and

b

his sentence expiry date.

3

A person who is liable to be detained by virtue of subsection (2) is, if at large, to be taken for the purposes of section 49 of the Prison Act 1952 (c. 52) (persons unlawfully at large) to be unlawfully at large.

4

Subsection (2) does not prevent the further removal from the United Kingdom of a person falling within that subsection.

5

Where, in the case of a person returned to prison by virtue of subsection (2), the further custodial period ends before the sentence expiry date, section 244 has effect in relation to him as if the reference to the requisite custodial period were a reference to the further custodial period.

6

In this section—

  • “further custodial period” has the meaning given by subsection (2)(a);

  • “outstanding custodial period”, in relation to a person to whom this section applies, means the period beginning with the date of his removal from the United Kingdom and ending with the date on which he would, but for his removal, have served the requisite custodial period;

  • “requisite custodial period” has the meaning given by paragraph (a), (b) or (d) of section 244(3);

  • “sentence expiry date”, in relation to a person to whom this section applies, means the date on which, but for his removal from the United Kingdom, he would have ceased to be subject to a licence.

262Prisoners liable to removal from United Kingdom: modifications of Criminal Justice Act 1991

Part 2 of the Criminal Justice Act 1991 (c. 53) (early release of prisoners) shall (until the coming into force of its repeal by this Act) have effect subject to the modifications set out in Schedule 20 (which relate to persons liable to removal from the United Kingdom).