§ AMENDMENT OF SCHEDULE 3 TO IMMIGRATION ACT 1971
Lords amendment: No. 217, in page 77, line 32, at end insert—
1. In paragraph 2—
(a)in sub-paragraph (1), after the word "directs", in the first place where it occurs, there shall be inserted the words "or a direction is given under sub-paragraph (1A) below," ;
(b)the following sub-paragraph shall be inserted after that sub-paragraph—
(a)a recommendation for deportation made by a court on conviction of a person is in force in respect of him; and
(b)he appeals against his conviction or against that recommendation,
the powers that the court determining the appeal may exercise include power to direct him to be released without setting aside the recommendation." and
(c)the following sub-paragraphs shall be substituted for subparagraph (5) —
(5) A person to whom this sub-paragraph applies shall be subject to such restrictions as to residence and as to reporting to the police as may from time to time be notified to him in writing by the Secretary of State.
(6) The persons to whom sub-paragraph (5) above applies are—
(a)a person liable to be detained under sub-paragraph (1) above, while by virtue of a direction of the Secretary of State he is not so detained; and
(b)a person liable to be detained under sub-paragraph (2) or (3) above, while he is not so detained.".
§ Mr. Mayhew
Amendment No. 217 is concerned with cases where a court recommends for deportation a person 622 who has been convicted of an offence punishable with imprisonment. Under that Act a person in that category has to be detained pending the making of a deportation order unless either the court or the Secretary of State directs his release. Previously, release had to be unconditional but clause 63 and schedule 10 to the Bill, which were introduced on Report in this House, enable a court to impose restrictions, so allowing persons to be released who may not otherwise have been released by the courts.
The amendment extends the process a little further by giving a court of appeal power to direct the release—unconditionally or otherwise—of a person recommended for deportation. It appears that at present some appeal courts do not have this power. It also gives the Secretary of State the same power as the courts to impose conditions in a case where he directs the release of a person recommended by a court for deportation. This amendment will help, albeit in a small way, to reduce the number of people in prison.
§ Question put and agreed to.
§ Lords amendment No. 218 agreed to.