Crime and Deportation
A criminal can be deported under UK law in specific circumstances, usually governed by the UK Borders Act 2007 and the Immigration Act 1971. Here’s an overview of when and how deportation may apply:
1. Automatic Deportation (UK Borders Act 2007)
An individual may face automatic deportation if they are a foreign national convicted of a crime and sentenced to 12 months or more in prison, including suspended sentences. Deportation is typically deemed in the public interest due to the severity of the crime, though there are exceptions (explained below).
2. Non-Automatic Deportation (Immigration Act 1971)
Deportation may also be considered if the individual’s presence is deemed not conducive to the public good, even without a prison sentence (for example, involvement in terrorism or serious organised crime). Deportation can also apply if a family member’s removal affects their dependents, and the individual shares responsibility for their care.
3. Deportation on Completion of a Sentence
In most cases, deportation proceedings begin after the individual has completed their prison sentence. While still in custody, they may be held under immigration detention pending removal.
4. Exclusions for Refugees or Protected Individuals
Deportation cannot take place if it breaches international or human rights obligations:
– Refugee status: Under the 1951 Refugee Convention, deportation is prohibited unless the person poses a danger to the public.
– Human rights: Deportation may be challenged if it disproportionately affects the individual’s right to private and family life under Article 8 of the European Convention on Human Rights.
– Risk of torture or inhuman treatment: Deportation is blocked if the individual faces such risks in their home country under Article 3.
5. Deportation Following Asylum Denial
If an asylum claim is rejected, the individual may still be deported if they were previously convicted of a serious offence.
6. Exemptions and Defences Against Deportation
Certain factors can prevent deportation, including strong family ties to the UK, such as having British children or a British spouse, or having lived in the UK for a long time, especially if they arrived as a child. Other defences include life-threatening medical conditions that cannot be treated in the home country.
Key differences exist between deportation and removal. Deportation is often permanent, with a re-entry ban for at least 10 years. Administrative removal typically applies to individuals in the UK without lawful status, not necessarily for criminal activity.