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| [THIRTEENTth and fourteenth Sittings]
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| Clause 28, page 14, line 15, leave out ‘of at least 12 months’. |
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| Clause 28, page 14, line 16, at end insert ‘or is guilty of an offence under section |
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| Clause 28, page 14, line 16, at end insert ‘or is guilty of an offence under sections |
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| 57 to 59 of the Sexual Offences Act 2003 (c. 42) or section 4 of the Asylum and |
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| Immigration (Treatment of Claimants, etc.) Act 2004 (c. 19).’. |
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| Clause 28, page 14, line 21, at end insert— |
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| | ‘(3A) | Condition 3 is that the person is convicted of an offence liable to imprisonment, |
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| | the commission of which took place when the person did not have valid leave to |
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| | remain in the United Kingdom.’. |
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| Clause 28, page 14, line 28, leave out ‘or’. |
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| Clause 28, page 14, line 30, at end insert— |
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| | (c) | section 30(4) applies.’. |
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| Clause 28, page 14, line 32, at end add— |
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| | ‘(8) | A person convicted of an offence and made subject to a deportation order either |
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| | under the provisions of this section or otherwise may not be awarded |
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| | compensation in respect of any period spent in custody following their |
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| | conviction, whether the period in custody formed part of their sentence or not.’. |
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| Clause 28, page 14, line 32, at end add— |
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| | ‘(8) | A foreign criminal subject to a deportation order under subsection (5) shall be |
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| | deported not more than six months after the making of a deportation order.’. |
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| Clause 28, page 14, line 32, at end add— |
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| | ‘(8) | The Secretary of State shall lay before Parliament an annual report on the |
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| | operation of the provisions under this section including the number of people |
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| | Clause, as amended, Agreed to. |
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| Clause 29, page 15, line 4, leave out ‘18’ and insert ‘16’. |
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| Clause 29, page 15, line 4, leave out ‘conviction’ and insert ‘offence’. |
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| Clause 29, page 15, line 4, at end insert— |
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| | ‘(3A) | The provisions of subsection (3) notwithstanding, no person under the age of 18 |
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| Clause 29, page 15, leave out lines 5 to 7. |
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| Clause 29, page 15, line 35, leave out paragraph (b). |
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| Clause 29, page 15, line 38, at end add— |
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| | ‘(8) | The deportation of a foreign criminal is always deemed conducive to the public |
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| | good, even following the application of an exception.’. |
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| Clause 30, page 15, leave out lines 40 and 41 and insert— |
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| | ‘(1) | A deportation order under section 28(5) above must be made— |
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| | (a) | not less than 6 months before the first date at which a criminal could be |
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| | released from prison for an individual sentenced to over 12 months |
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| | (b) | on the date a final appeal has been withdrawn or determined, or the latest |
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| | date on which such an appeal could be brought, for an individual |
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| | sentenced to less than 12 months imprisonment.’. |
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| Clause 30, page 15, line 40, leave out from ‘made’ to end of line 41 and insert |
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| ‘within 14 days of conviction.’. |
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| Clause 30, page 15, line 46, leave out paragraph (b). |
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| Clause 30, page 16, line 6, at end add— |
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| | ‘(4) | Where a deportation order has not been made within one month of the end of the |
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| | period specified in subsection (2) above, the Secretary of State must write to the |
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| | judge or magistrate’s court responsible for passing the sentence of imprisonment |
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| | under section 28(2) in order to explain why a deportation order has not been made |
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| | and what action he plans to take.’. |
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| Clause 30, page 16, line 6, at end add— |
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| | ‘(4) | The Secretary of State may withdraw a decision that section 28(5) applies, or |
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| | revoke a deportation order made in accordance with section 28(5), for the purpose |
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| | (a) | taking action under the Immigration Acts or rules made under section 3 |
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| | of the Immigration Act 1971 (c. 77) (immigration rules), and |
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| | (b) | subsequently taking a new decision that section 28(5) applies and making |
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| | a deportation order in accordance with section 28(5).’. |
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| | Clause, as amended, Agreed to. |
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| Clause 31, page 16, leave out from beginning of line 18 to ‘a’ in line 20 and insert— |
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| | ‘“(3A) | Subsection (2)(j) does not apply to a decision to make a deportation order which |
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| | states that it is made in accordance with section 28(5) of the UK Borders Act |
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| | (a) | a decision that section 28(5) applies is an immigration decision for the |
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| | purposes of this Part, and |
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| Clause 31, page 16, line 24, leave out subsections (4) and (5). |
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| | Clause, as amended, Agreed to. |
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| Clause 32, page 17, line 8, at end add— |
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| | ‘(6) | An individual detained under subsections (1) and (2) above may not be detained |
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| | for longer than six months.’. |
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| Clause 33, page 17, line 15, leave out subsection (2). |
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| Clause 34, page 17, line 26, leave out subsection (1). |
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| Clause 34, page 17, line 28, leave out ‘does not include’ and insert ‘includes’. |
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| Clause 34, page 17, line 29, leave out ‘whether or not’ and insert ‘save where’. |
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| Clause 34, page 17, line 31, leave out paragraph (b). |
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| Clause 34, page 17, line 31, leave out ‘does not include’ and insert ‘includes’. |
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| Clause 34, page 17, line 38, leave out ‘at least 12 months’ and insert ‘any length of |
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| Clause 34, page 17, line 41, leave out ‘(provided that it may last for 12 months)’. |
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| Clause 35, page 18, line 21, leave out from ‘(i)’ to end of line 23 and insert ‘for |
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| “does not include” substitute “does include”.’. |
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| Clause 35, page 18, line 24, leave out subsection (3). |
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| Clause 36, page 18, line 33, after ‘RCPO)’, insert ‘and the Department for Work |
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| Clause 36, page 19, line 19, leave out ‘or a person acting on behalf of HMRC or the |
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| Clause 36, page 19, line 22, after second ‘a’, insert ‘copy of a’. |
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| Clause 36, page 19, line 34, after ‘authorised’, insert ‘by the Secretary of State’. |
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| Clause 37, page 20, line 22, after first ‘the’, insert ‘expressed’. |
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| Clause 38, page 21, line 1, leave out subsection (3). |
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| Clause 40, page 21, line 41, after ‘constable’, insert ‘, including a constable in the |
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| UK Border Police Force established under section [Establishment of UK Border Police |
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| Clause 40, page 21, line 46, at end insert— |
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| | ‘(iii) | any other premises that a constable or immigration officer |
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| | reasonably believes to contain such documents.’. |
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| Clause 40, page 22, line 16, at end insert— |
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| | ‘(4A) | The individual to whom a document found under the provisions of subsection (1) |
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| | relates may be liable to be removed from the United Kingdom in accordance with |
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| | the provisions of the Immigration Acts.’. |
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| | Clauses 41 to 43 Agreed to. |
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| Schedule, page 25, line 4, at end insert— |
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| Schedule, page 25, line 7, column 2, at beginning insert— |
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| Schedule, page 25, line 8, column 2, at beginning insert— |
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| Schedule, page 25, line 12, at end insert— |
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| | In section 43(3) the word |
| | | | | “and” after paragraph (c).’. |
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