Benabbas, Regina v: CACD 12 Aug 2005

The Court considered a recommendation for the deportation of an Algerian national after the completion of his sentence.
Held: Rix LJ referred to both the Nazari and the Bouchereau tests, and said: ‘The Appellant is not of course an EU national, but we refer to Bouchereau because English authority (see below) has said that the ‘detriment’ principle in English law works on the same basis.’

Judges:

Rix LJ

Citations:

[2005] EWCA Crim 2113

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

CitedRegina v Pierre Bouchereau ECJ 27-Oct-1977
ECJ The different language versions of a community text must be given a uniform interpretation and hence in the case of divergence between the versions the provision in question must be interpreted by reference . .
CitedRegina v Nazari CACD 1980
The CACD heard several appeals together, giving guidance as to the general principles to be applied in deciding on recommendations for deportation under the Act. Lawton LJ said that ‘no court should make an order recommending deportation without . .

Cited by:

CitedRegina v Kluxen CACD 14-May-2010
The court considered the occasions on which a court should recommend deportation after completion of a prison sentence and how this might differ between EU and non-EU nationals.
Held: Since the 2007 it is not appropriate to recommend . .
Lists of cited by and citing cases may be incomplete.

Criminal Sentencing

Updated: 03 July 2022; Ref: scu.229867