2(1)Where a recommendation for deportation made by a court is in force in respect of any person, and that person is neither detained in pursuance of the sentence or order of any court nor for the time being released on bail by any court having power so to release him, he shall, unless the court by which the recommendation is made otherwise directs [F1or a direction is given under sub-paragraph (1A) below,] be detained pending the making of a deportation order in pursuance of the recommendation, unless the Secretary of State directs him to be released pending further consideration of his case.
[F2(1A)Where—
(a)a recommendation for deportation made by a court on conviction of a person is in force in respect of him; and
(b)he appeals against his conviction or against that recommendation,
the powers that the court determining the appeal may exercise include power to direct him to be released without setting aside the recommendation .]
(2)Where notice has been given to a person in accordance with regulations under section 18 of this Act of a decision to make a deportation order against him, and he is neither detained in pursuance of the sentence or order of a court nor for the time being released on bail by a court having power so to release him, he may be detained under the authority of the Secretary of State pending the making of the deportation order.
(3)Where a deportation order is in force against any person, he may be detained under the authority of the Secretary of State pending his removal or departure from the United Kingdom (and if already detained by virtue of sub-paragraph (1) or (2) above when the order is made, shall continue to be detained unless the Secretary of State directs otherwise).
(4)In relation to detention under sub-paragraph (2) or (3) above, paragraphs 17 [F3,18 and 25A to 25E] of Schedule 2 to this Act shall apply as they apply in relation to detention under paragraph 16 of that Schedule.
[F4(5)A person to whom this sub-paragraph applies shall be subject to such restrictions as to residence [F5, as to his employment or occupation] and as to reporting to the police [F6or an immigration officer] as may from time to time be notified to him in writing by the Secretary of State.
(6)The persons to whom sub-paragraph (5) above applies are—
(a)a person liable to be detained under sub-paragraph (1) above, while by virtue of a direction of the Secretary of State he is not so detained; and
(b)a person liable to be detained under sub-paragraph (2) or (3) above, while he is not so detained.]
Textual Amendments
F1Words inserted by Criminal Justice Act 1982 (c. 48), s. 80(2), Sch. 10 para. 1 (a)
F2Para. 2(1A) inserted by Criminal Justices Act 1982 (c. 48), s. 80(2), Sch. 10 para. 1 (b)
F3Words in Sch. 3 para. 2(4) substituted (14.2.2000) by 1999 c. 33, s. 169(1), Sch. 14 paras. 43, 68; S.I. 2000/168, art. 2, Sch
F4Para. 2(5)(6) substituted for para. 2(5) by Criminal Justice Act 1982 (c. 48), s. 80(2), Sch. 10 para. 1 (c)
F5Words inserted by Immigration Act 1988 (c. 14, SIF 62), s. 10, Sch. para. 10(2)(4)
F6Words in Sch. 3 para. 2(5) inserted (1.10.1996) by 1996 c. 49, s. 12(1), Sch. 2 para. 13; S.I. 1996/2053, art. 2, Sch. Pt. II
Modifications etc. (not altering text)
C1Sch. 3 para. 2(3)(4)(6) amended (26.7.1993) by 1993 c. 23, s. 7(4): S.I. 1993/1655, art. 2
Sch. 3 para. 2 extended (14.12.2001) by 2001 c. 24, ss. 23(2)(b), 127(2)