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 making full enquiry into all the circumstances’, and gave guidance, according to the seriousness of the offence and the criminal record. The courts should not be concerned with the political systems which operate in other countries, having no knowledge of them, and should not express views about external regimes. It is for the Home Secretary to decide whether an offender’s return to his country of origin would have consequences which would make his compulsory return unduly harsh. The Home Secretary can inform himself where the courts can not. ‘First, the Court must consider, as was said by Sachs LJ in Caird’s case, whether the accused’s continued presence in the United Kingdom is to its detriment. This country has no use for criminals of other nationalities, particularly if they have committed serious crimes or have long criminal records. That is self-evident. The more serious the crime and the longer the record the more obvious it is that there should be an order recommending deportation . . Secondly, the Courts are not concerned with the political systems which operate in other countries . . The next matter to which we invite attention by way of guidelines is that the effect that an order recommending deportation will have upon others who are not before the Court and who are innocent persons.’
Lawton LJ said: ‘A person who is likely to be the subject of an order must be given 7 clear days notice of what may happen to him. The object of that is to enable him to prepare his answer to a suggestion that he should be recommended for deportation.’
Lawton LJ
(1980) 2 Cr App R (S) 84, (1980) 71 Cr App R 87, [1980] 1 WLR 1366
Immigration Act 1971 6(1)
England and Wales
Citing:
Cited – Regina v Caird CACD 1970
When considering the sentencing of rioters, it was not sufficient to consider the individual acts of the offenders. It is the act of taking part in such riotous activities that constitutes the seriousness of the offence.
Sachs LJ said: ‘When . .
Cited – Regina 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 . .
Cited by:
Cited – M v the Secretary of State for the Home Department CA 19-Feb-2003
The applicant had been given indefinite leave to remain in England, but was later convicted of indecent assault, and recommended for deportation. On appeal the court said that the order for deportation was disproportionate. After serving his . .
Cited – Regina v Kayar CACD 2-Mar-1998
A sentence of 20 years’ imprisonment imposed following trial was reduced to one of 16 years in respect of an offender who had organised the importation of a 10.3 kilo consignment of heroin. . .
Cited – Regina v Ukoh CACD 28-Dec-2004
The defendant appealed his sentence for a drugs offence, saying that following his deportation on release, he would be liable to a further term of imprisonment at home for the same offence.
Held: That issue was not relevant to an English court . .
Cited – Regina v Escauriaza CACD 2-Jan-1988
For all practical purposes the tests for deportation of an EU national after completion of a sentence of imprisonment are the same in Nazari and Bouchereau: ‘Thus under EEC Law a valid recommendation for deportation can only be made if at least two . .
Cited – Regina v Spura 3-Jan-1988
The court considered the test for ordering deportation of an EU National after completion of his sentence of imprisonment, applying Bouchereau and Nazari: ‘. . in the case of Escauriaza . . the Court . . concluded, accepting a submission from an . .
Cited – 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 . .
Cited – Regina 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 . .
Cited – Abdi, Regina v CACD 31-Jul-2007
The appellant had been convicted of a sexual assault on a boy, and recommended for deportation on completion of his sentence. He had not however been served with notice of the possibility of such an order, as required by section 6 of the 1971 Act, . .
Lists of cited by and citing cases may be incomplete.
Criminal Sentencing, Immigration
Updated: 20 November 2021; Ref: scu.179719