An individual sentenced to a hospital order following a finding under section 5 (1) (b) of the Criminal Procedure (Insanity) Act 1964 that he ‘is under a disability and that he did the act or made the omission charged against him’ is neither subject to section 117C of the 2002 Act (as amended) nor to paragraphs A398-399 of the Immigration Rules. He is excluded from the statutory provisions by section 117D(3)(a) and from the Immigration Rules concerning deportation.
[Note: The difference between OLO and Andell to which the judge refers at paras [10] to [13] is now resolved in SC (paras A398-339D: ‘foreign criminal’: procedure) Albania [2020] UKUT 187 (IAC).]
[2020] UKUT 225 (IAC)
Bailii
England and Wales
Immigration
Updated: 30 November 2021; Ref: scu.653927