By Benjamin Blakemore
Criminal practitioners should be aware of what are yet more new offences which are brought in by the Government under the provisions of the Criminal Justice and Immigration Act 2008; the phased introduction of which began on 9th June 2008 which included s.26 (relating to the release of prisoners sentenced for offences committed prior to 4 April 2005 (subject to release under the CJA 1991)). The section unifies release provisions at the half-way point of sentence with the CJA 2003 provisions (save violent and sexual offenders).
Part 10 of the CJIA 2008 provides a new set of offences in relation to “designated” persons. The Secretary of State may “designate” people who are “foreign criminals” and are liable to deportation, but cannot be removed since removal to their country of origin would breach the UK’s obligations under the ECHR. Family members of such people may also be designated for the purposes of the Act. People may not be designated for the purposes of the Act if to do so will impinge upon their rights under the 1951 Refugee Convention or the EC treaties and conventions. People with a right to abode in the UK may not be designated.
A “foreign criminal” is defined in the Act as someone who is not a British national and has either
- has been convicted of an offence and sentenced to at least 2 years custody.
- has been convicted of a specified offence and sentenced to a term of custody; or
- Article 1F of the Refugee Convention applies to the person.
