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Criminal Justice and Immigration Act 2008

Section 34: Removal under Criminal Justice Act 2003

290.This section makes broadly similar provision to that made by section 33, but in relation to the equivalent provisions of the 2003 Act. The amendments make similar extensions to the availability of removal from the UK under the early removal scheme as set out in Chapter 6 of Part 12 of that Act.

291.Subsection (4), as read with the new definition inserted by subsection (2), extends the availability of the early removal scheme to prisoners who are not liable for removal from the UK at the end of their sentence but who have demonstrated a settled intention to reside permanently outside the UK upon removal.

292.Subsection (6) removes a number of exclusions which bar certain categories of prisoner from removal under the early removal scheme. Those exclusions mirror the exclusions removed by section 33(6). Subsection (5) removes a time restriction which is found only in the 2003 Act early removal scheme provisions. The result will allow the removal under the scheme of -

  • those a serving custodial period of less than 6 weeks, and

  • those who have not served at least 4 weeks of their sentence.

293.Subsections (7), (8) and (9) make consequential amendments arising from the inclusion of the new category of prisoners who are to be eligible for removal under the early removal scheme.

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