Knee Jerk, Jerk
So Charlie the Safety Elephant is set to announce plans to strengthen the law on deporting foreign prisoners. He wants foreign nationals convicted of imprisonable offences to automatically be considered for deportation.
Questions
Will this include those people from European Union Countries?
What Border Controls will be put in place to prevent them from returning at another date?
Automatic deportation for EU nationals convicted of criminal offences in the UK are specifically prohibited by EU Directive 2004/38, which states that ‘Expulsion orders may not be issued by the host Member State as a penalty or legal consequence of a custodial penalty’.
"Article 33 of the directive prevents the automatic removal of those convicted of offences, and whilst it does allow for deportation as a sanction, the blanket use of deportation orders is prohibited by the Directive, which specifically states: 'Justifications that are isolated from the particulars of the case or that rely on considerations of general prevention shall not be accepted'. The Directive entered into force on the 30th April 2006.
Smoke and Mirrors
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Questions
Will this include those people from European Union Countries?
What Border Controls will be put in place to prevent them from returning at another date?
Automatic deportation for EU nationals convicted of criminal offences in the UK are specifically prohibited by EU Directive 2004/38, which states that ‘Expulsion orders may not be issued by the host Member State as a penalty or legal consequence of a custodial penalty’.
"Article 33 of the directive prevents the automatic removal of those convicted of offences, and whilst it does allow for deportation as a sanction, the blanket use of deportation orders is prohibited by the Directive, which specifically states: 'Justifications that are isolated from the particulars of the case or that rely on considerations of general prevention shall not be accepted'. The Directive entered into force on the 30th April 2006.
Smoke and Mirrors
.
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