Deportation of criminals
I133Exceptions
1
Section 32(4) and (5)—
a
do not apply where an exception in this section applies (subject to subsection (7) below), and
b
are subject to sections 7 and 8 of the Immigration Act 1971 (Commonwealth citizens, Irish citizens, crew and other exemptions).
2
Exception 1 is where removal of the foreign criminal in pursuance of the deportation order would breach—
a
a person's Convention rights, or
b
the United Kingdom's obligations under the Refugee Convention.
3
Exception 2 is where the Secretary of State thinks that the foreign criminal was under the age of 18 on the date of conviction.
4
Exception 3 is where the removal of the foreign criminal from the United Kingdom in pursuance of a deportation order would breach rights of the foreign criminal under the Community treaties.
5
Exception 4 is where the foreign criminal—
a
is the subject of a certificate under section 2 or 70 of the Extradition Act 2003 (c. 41),
b
is in custody pursuant to arrest under section 5 of that Act,
c
is the subject of a provisional warrant under section 73 of that Act,
d
is the subject of an authority to proceed under section 7 of the Extradition Act 1989 (c. 33) or an order under paragraph 4(2) of Schedule 1 to that Act, or
e
is the subject of a provisional warrant under section 8 of that Act or of a warrant under paragraph 5(1)(b) of Schedule 1 to that Act.
6
Exception 5 is where any of the following has effect in respect of the foreign criminal—
a
a hospital order or guardianship order under section 37 of the Mental Health Act 1983 (c. 20),
b
a hospital direction under section 45A of that Act,
c
a transfer direction under section 47 of that Act,
d
a compulsion order under section 57A of the Criminal Procedure (Scotland) Act 1995 (c. 46),
e
a guardianship order under section 58 of that Act,
f
a hospital direction under section 59A of that Act,
g
a transfer for treatment direction under section 136 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), or
h
an order or direction under a provision which corresponds to a provision specified in paragraphs (a) to (g) and which has effect in relation to Northern Ireland.
7
The application of an exception—
a
does not prevent the making of a deportation order;
b
results in it being assumed neither that deportation of the person concerned is conducive to the public good nor that it is not conducive to the public good;
but section 32(4) applies despite the application of Exception 1 or 4.