Part 12Sentencing

Chapter 6 Release, licences, supervision and recall

Persons liable to removal from the United Kingdom

260Early removal of prisoners liable to removal from United Kingdom

(1)

F1subsection (2), where a fixed-term prisoner is liable to removal from the United Kingdom, the Secretary of State may remove him from prison under this section at any time during the period of F2270 days ending with the day on which the prisoner will have served the requisite custodial period.

F3(2)

Subsection (1) does not apply in relation to a prisoner unless he has served at least one-half of the requisite custodial period.

F4(2A)

If a fixed-term prisoner serving an extended sentence imposed under section 226A or 226B F5or a sentence under section 236A —

(a)

is liable to removal from the United Kingdom, and

(b)

has not been removed from prison under this section during the period mentioned in subsection (1),

the Secretary of State may remove the prisoner from prison under this section at any time after the end of that period.

(2B)

Subsection (2A) applies whether or not the Board has directed the prisoner's release under section F6this Chapter.

F7(3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(3A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)

A prisoner removed from prison under this section—

(a)

is so removed only for the purpose of enabling the Secretary of State to remove him from the United Kingdom under powers conferred by—

(i)

Schedule 2 or 3 to the Immigration Act 1971, or

(ii)

section 10 of the Immigration and Asylum Act 1999 (c. 33), and

(b)

so long as remaining in the United Kingdom, remains liable to be detained in pursuance of his sentence until he has served the requisite custodial period.

(5)

So long as a prisoner removed from prison under this section remains in the United Kingdom but has not been returned to prison, any duty or power of the Secretary of State under section F9243A, 244F10, 244AF11, 246AF12, 247 or 248 is exercisable in relation to him as if he were in prison.

(6)

The Secretary of State may by order—

(a)

amend the number of days for the time being specified in subsection (1) F13... ,

F14(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

amend the fraction for the time being specified in F15subsection (2).

F16(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17(8)

Paragraphs 36 and 37 of Schedule 20B (transitional cases) make further provision about early removal of certain prisoners.