Section 33: Exceptions
109.This section creates a number of exceptions to the automatic deportation procedure and preserves the existing exemptions from deportation in sections 7 and 8 of the 1971 Act. Subsections (2) to (6) set out the five exceptions:
Exception 1 is where removal of the foreign criminal in pursuance of the deportation order would breach a person’s Convention rights, or the United Kingdom’s obligations under the Refugee Convention (subsection (2)).
Exception 2 is where the Secretary of State thinks that the foreign criminal was under the age of 18 on the date of conviction (subsection (3)).
Exception 3 is where the removal of the foreign criminal would breach his rights under the Community treaties (subsection (4)).
Exception 4 is where the Secretary of State has received a valid extradition request in respect of the foreign criminal (subsection (5)).
Exception 5 is where certain provisions of the Mental Health Act 1983 or corresponding legislation in Scotland or Northern Ireland apply (the foreign criminal is a “mentally disordered offender”)(subsection (6)).
110.Subsection (7) makes clear that those who are exempt from the automatic deportation procedure may continue to be deported under existing legislation and the application of an exception will not result in it being assumed either that deportation of the person concerned is conducive to the public good nor that it is not conducive to the public good. However, section 32(4) will continue to apply to persons falling within exceptions 1 and 4.
