Criminal Justice Act 2003

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Changes over time for: Cross Heading: Persons liable to removal from the United Kingdom

Version Superseded: 01/12/2020

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Status:

Point in time view as at 01/04/2020. This version of this cross heading contains provisions that are prospective.

Changes to legislation:

Criminal Justice Act 2003, Cross Heading: Persons liable to removal from the United Kingdom is up to date with all changes known to be in force on or before 07 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Persons liable to removal from the United KingdomE+W

259Persons liable to removal from the United KingdomE+W

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).

Commencement Information

I1S. 259 wholly in force at 4.4.2005; s. 259 not in force at Royal Assent, see s. 336(3); s. 259 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 259 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)

Prospective

[F1259APersons eligible for removal from the United KingdomE+W

(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.]

Textual Amendments

F1S. 259A inserted (prosp.) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 34(2), 153

260Early removal of prisoners liable to removal from United KingdomE+W

(1)[F2Subsections (2) and (2C)], 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 [F3270] days ending with the day on which the prisoner will have served the requisite custodial period.

[F4(2)Subsection (1) does not apply in relation to a prisoner unless he has served at least one-half of the requisite custodial period.]

[F5(2A)[F6Subject to subsection (2C),] if a fixed-term prisoner serving an extended sentence imposed under section 226A or 226B [F7or a sentence under section 236A] —

(a)is liable to removal from the United Kingdom, and

(b)has not been removed from prison under this section during the period mentioned in subsection (1),

the Secretary of State may remove the prisoner from prison under this section at any time after the end of that period.

(2B)Subsection (2A) applies whether or not the Board has directed the prisoner's release under section [F8this Chapter].]

[F9(2C)Subsections (1) and (2A) do not apply in relation to a prisoner to whom section 247A applies.]

F10(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F12243A,] 244[F13, 244A][F14, 246A][F15, 247] 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) F16... ,

F17(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)amend the fraction for the time being specified in [F18subsection (2)].

F19(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F20(8)Paragraphs 36 and 37 of Schedule 20B (transitional cases) make further provision about early removal of certain prisoners.]

[F21(9)Subsection (2C) does not affect the continued liability to detention under subsection (4)(b) of a prisoner removed from prison under this section before subsection (2C) came into force and in such a case—

(a)the “requisite custodial period” in subsection (4)(b) has the meaning given by section 247A(8), and

(b)subsection (5) is to be read as including reference to section 247A.]

Textual Amendments

F2Words in s. 260(1) substituted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 7(5)(a), 10(4)

F3Word in s. 260(1) substituted (7.4.2008) by The Early Removal of Fixed-Term Prisoners (Amendment of Eligibility Period) Order 2008 (S.I. 2008/978), art. 2

F4S. 260(2) substituted (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 34(5), 153; S.I. 2008/2712, art. 2, Sch. para. 5 (subject to arts. 3, 4)

F5S. 260(2A)(2B) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 20 para. 9(2); S.I. 2012/2906, art. 2(r)

F6Words in s. 260(2A) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 7(5)(b), 10(4)

F7Words in s. 260(2A) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1 para. 20(2); S.I. 2015/778, art. 3, Sch. 1 para. 72

F8Words in s. 260(2B) substituted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), ss. 15(6), 95(1); S.I. 2015/778, art. 3, Sch. 1 para. 11

F9S. 260(2C) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 7(5)(c), 10(4)

F10S. 260(3) repealed (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 34(6), 149, 153, Sch. 28 Pt. 2; S.I. 2008/2712, art. 2, Sch. paras. 5, 19(2)(b) (subject to arts. 3, 4)

F11S. 260(3A) repealed (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 34(6), 149, 153(7), Sch. 28 Pt. 2; S.I. 2009/2606, art. 3(j)(i)

F12Words in s. 260(5) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 14 para. 11(a); S.I. 2012/2906, art. 2(l)

F13Word in s. 260(5) inserted (13.4.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 1 para. 20(3); S.I. 2015/778, art. 3, Sch. 1 para. 72

F14Words in s. 260(5) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 20 para. 9(3); S.I. 2012/2906, art. 2(r)

F15Words in s. 260(5) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 116(5), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)

F16Words in s. 260(6)(a) repealed (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 34(8)(a), 149, 153, Sch. 28 Pt. 2; S.I. 2008/2712, art. 2, Sch. paras. 5, 19(2)(b) (subject to arts. 3, 4)

F17S. 260(6)(b) repealed (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 34(8)(b), 149, 153, Sch. 28 Pt. 2; S.I. 2008/2712, art. 2, Sch. paras. 5, 19(2)(b) (subject to arts. 3, 4)

F18Words in s. 260(6)(c) substituted (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 34(8)(c), 153; S.I. 2008/2712, art. 2, Sch. para. 5 (subject to arts. 3, 4)

F19S. 260(7) omitted (13.4.2015) by virtue of Criminal Justice and Courts Act 2015 (c. 2), ss. 14(4), 95(1) (with s. 14(7)); S.I. 2015/778, art. 3, Sch. 1 para. 10

F20S. 260(8) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 17 para. 6; S.I. 2012/2906, art. 2(o)

F21S. 260(9) inserted (26.2.2020) by Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3), ss. 7(5)(d), 10(4)

Commencement Information

I2S. 260 wholly in force at 4.4.2005; s. 260 not in force at Royal Assent, see s. 336(3); s. 260(6) in force at 7.3.2005 by S.I. 2005/373, art. 2; s. 260 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)

261Re-entry into United Kingdom of offender removed from prison earlyE+W

(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, [F22—

F23(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)F24...] [F25section 243A[F26, 244[F27, 244A], 246A[F28, 247 or 247A]] (as the case may be)] 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;
[F29“requisite custodial period”, in relation to a person to whom section 247A applies, has the meaning given by section 247A(8) (see section 268(1A) for its meaning in other cases);]
F30...
“sentence expiry date”, in relation to a person to whom this section applies, means the date on which, but for his [F31release from prison and] removal from the United Kingdom, he would have [F32served the whole of the sentence].