The defendant appealed against a recommendation for deportation made on his being sentenced. He complained that the order breached his right to family life.
Held: It was not for a sentencing judge to take such matters into account. The judge merely made a recommendation. The decision which would bring such rights into play would be made by the Home Secretary, and that is where any challenge should be made.
Judges:
keene LJ, Stanley Burnton J, Simon J
Citations:
[2006] EWCA Crim 508, Times 13-Apr-2006, [2006] 1 WLR 2264
Links:
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Shields, Regina (on the Application of) v Secretary of State for Justice Admn 17-Dec-2008
The claimant had been convicted in Bulgaria of attempted murder. He had denied it, and somebody later confessed to the crime, but that confession had not been admitted. Having been transferred to England to complete his sentence, he now asked for a . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing, Human Rights
Updated: 05 July 2022; Ref: scu.239113