PART 3Miscellaneous

Early removal of prisoners

55Early removal from prison of prisoners liable to removal from United Kingdom

1

Where a prisoner to whom this section applies (“P”)—

a

is liable to removal from the United Kingdom, and

b

has served at least one-half of the requisite custodial period,

the Department may, with P's agreement, remove P from prison under this section at any time during the period of 135 days ending with the day on which P will have served the requisite custodial period.

2

This section applies to a prisoner who is serving a sentence of imprisonment for a determinate term of at least 6 months, other than a prisoner F1—

a

who is serving an extended custodial sentence under Article 14 of the 2008 Order, or

b

to whom Article 20A of that Order applies.

3

So long as P after being removed from prison under this section remains in Northern Ireland P remains liable to be detained in pursuance of P's sentence until P has served the requisite custodial period.

4

The Department may by order amend the number of days for the time being specified in subsection (1).

5

For the purposes of this section P is liable to removal from the United Kingdom if—

a

P is liable to deportation under section 3(5) of the Immigration Act 1971 and has been notified of a decision to make a deportation order against him,

b

P is liable to deportation under section 3(6) of that Act,

c

P has been notified of a decision to refuse P leave to enter the United Kingdom,

d

P is an illegal entrant within the meaning of section 33(1) of that Act, or

e

P is liable to removal under section 10 of the Immigration and Asylum Act 1999.

6

In this section and section 56—

  • “the 2008 Order” means the Criminal Justice (Northern Ireland) Order 2008;

  • “the requisite custodial period”—

    1. a

      in a case where P is a prisoner to whom Article 17 of the 2008 Order applies, has the meaning given by paragraph (2) of that Article;

    2. b

      in any other case, means one-half of P's sentence.