Stop 'Double Punishment' of Foreign nationals
John O | 16.03.2009 12:24 | Migration | Social Struggles | Workers' Movements | Birmingham | World
There are approximately 12,000 foreign nationals in the UK prison system
It is a fundamental principle of UK law that a person cannot be punished twice for the same offence. If you have committed an offence that society deems a crime and sentenced to a term of imprisonment by a magistrate, judge or judge and jury, once you have completed your sentence, you are released from prison as it is deemed you have repaid your debt to society and that is the end of the matter - and for the great majority of people in the UK, it is: you can only get punished once.
It is a fundamental principle of UK law that a person cannot be punished twice for the same offence. If you have committed an offence that society deems a crime and sentenced to a term of imprisonment by a magistrate, judge or judge and jury, once you have completed your sentence, you are released from prison as it is deemed you have repaid your debt to society and that is the end of the matter - and for the great majority of people in the UK, it is: you can only get punished once.
However, this does not apply to 'foreign nationals' without status in the UK, or 'foreign nationals' 'with status' (I.E. Humanitarian Protection, Discretionary Leave, Indefinite Leave to Remain, Exceptional Leave to Remain, are Naturalized).
If any of the above commit a crime and are sentenced to a prison term of 12 months or more, irrespective of how long they have lived in the UK, no matter that they have very strong family ties, are at very serious risk of automatic deportation under provisions in the UK Borders Act 2007 in addition to any term of imprisonment. They will if deported also face an automatic ten year ban (Rule HC 321) from applying to reenter the UK.
It matters not that a person has status to remain in the UK, the Home Secretary has powers to revoke the status of anyone convicted and sentenced for a crime and will do so at every given opportunity.
Therefore any 'foreign national' having completed a prison sentence will most certainly be punished a second time by being deported from the UK. Provisions in the UK Borders Act 2007, will mean that those cases where the Home Secretary has secured a deportation order can be deported before the end of their final release date. There is no automatic right of appeal against deportation under the act, but decision to deport can be challenged on Human Rights grounds I.E that separation from family members would be disproportionate, or that they would face torture and/or persecution in the designated country.
However, those persons successfully challenging the deportation under the UK Borders Act 2007 and UKBA, then cannot remove them from the UK; they and their 'families may face severe deprivation under provisions of Part Ten of the Criminal Justice and Immigration Act (CJIA), which received Royal Assent on 8 May 2008. Under the provisions of the act, any foreign national convicted and sentenced to two years or more for an offence specified as serious (Home Secretary deems petty theft, criminal damage as serious); can be designated as having a 'special immigration status' and so can any member/s of his/her family. 'Special immigration status' will strip the offenders family of their immigration status, and the whole family can be refused the right to work, access to benefits, social housing, can be subject to curfew, electronic monitoring, dispersed from their habitual residence and will receive only the minimum of support, probably vouchers but definitely no cash.
Deportation after completing a prison sentence is a secondary or double punishment.
Double punishment has nothing to do with the concept of punishment fitting the crime as the crime has already been punished.
Double punishment offends all rules of natural justice and is not simply unjust it is blatantly discriminatory as it only affects foreign nationals.
End of Bulletin:
Source for this Message:
NCADC with profound acknowledgement to the 'Manifesto of the Campaign against Double Punishment'
If any of the above commit a crime and are sentenced to a prison term of 12 months or more, irrespective of how long they have lived in the UK, no matter that they have very strong family ties, are at very serious risk of automatic deportation under provisions in the UK Borders Act 2007 in addition to any term of imprisonment. They will if deported also face an automatic ten year ban (Rule HC 321) from applying to reenter the UK.
It matters not that a person has status to remain in the UK, the Home Secretary has powers to revoke the status of anyone convicted and sentenced for a crime and will do so at every given opportunity.
Therefore any 'foreign national' having completed a prison sentence will most certainly be punished a second time by being deported from the UK. Provisions in the UK Borders Act 2007, will mean that those cases where the Home Secretary has secured a deportation order can be deported before the end of their final release date. There is no automatic right of appeal against deportation under the act, but decision to deport can be challenged on Human Rights grounds I.E that separation from family members would be disproportionate, or that they would face torture and/or persecution in the designated country.
However, those persons successfully challenging the deportation under the UK Borders Act 2007 and UKBA, then cannot remove them from the UK; they and their 'families may face severe deprivation under provisions of Part Ten of the Criminal Justice and Immigration Act (CJIA), which received Royal Assent on 8 May 2008. Under the provisions of the act, any foreign national convicted and sentenced to two years or more for an offence specified as serious (Home Secretary deems petty theft, criminal damage as serious); can be designated as having a 'special immigration status' and so can any member/s of his/her family. 'Special immigration status' will strip the offenders family of their immigration status, and the whole family can be refused the right to work, access to benefits, social housing, can be subject to curfew, electronic monitoring, dispersed from their habitual residence and will receive only the minimum of support, probably vouchers but definitely no cash.
Deportation after completing a prison sentence is a secondary or double punishment.
Double punishment has nothing to do with the concept of punishment fitting the crime as the crime has already been punished.
Double punishment offends all rules of natural justice and is not simply unjust it is blatantly discriminatory as it only affects foreign nationals.
End of Bulletin:
Source for this Message:
NCADC with profound acknowledgement to the 'Manifesto of the Campaign against Double Punishment'
John O
e-mail:
JohnO@ncadc.org.uk
Homepage:
http://www.ncadc.org.uk