8
PART I
Procedure for,
and further provisions as to,
deportation.
Recommenda- tions by court for deportation.
c. 77
Immigration Act 1971
5.-(1) Where a person is under section 3(5) or (6) above liable to deportation, then subject to the following provisions of this Act the Secretary of State may make a deportation order against him, that is to say an order requiring him to leave and prohibit- ing him from entering the United Kingdom; and a deportation order against a person shall invalidate any leave to enter or remain in the United Kingdom given him before the order is made or while it is in force.
(2) A deportation order against a person may at any time be revoked by a further order of the Secretary of State, and shall cease to have effect if he becomes patrial.
(3) A deportation order shall not be made against a person as belonging to the family of another person if more than eight weeks have elapsed since the other person left the United Kingdom after the making of the deportation order against him; and a deportation order made against a person on that ground shall cease to have effect if he ceases to belong to the family of the other person, or if the deportation order made against the other person ceases to have effect.
(4) For purposes of deportation the following shall be those who are regarded as belonging to another person's family-
(a) where that other person is a man, his wife and his or
her children under the age of eighteen; and
(b) where that other person is a woman, her children under
the age of eighteen ;
and for purposes of this subsection an adopted child, whether legally adopted or not, may be treated as the child of the adopter and, if legally adopted, shall be regarded as the child only of the adopter; an illegitimate child (subject to the fore- going rule as to adoptions) shall be regarded as the child of the mother; and wife" includes each of two or more wives.
SC
(5) The provisions of Schedule 3 to this Act shall have effect with respect to the removal from the United Kingdom of persons against whom deportation orders are in force and with respect to the detention or control of persons in connection with deportation.
(6) Where a person is liable to deportation under section 3(5)(c) or (6) above but, without a deportation order being made against him, leaves the United Kingdom to live permanently abroad, the Secretary of State may make payments of such amounts as he may determine to meet that person's expenses in so leaving the United Kingdom, including travelling expenses for members of his family or household.
6.—(1) Where under section 3(6) above a person convicted of an offence is liable to deportation on the recommendation of a court, he may be recommended for deportation by any court
Immigration Act 1971
c. 77
having power to sentence him for the offence unless the court commits him to be sentenced or further dealt with for that offence by another court:
Provided that in Scotland the power to recommend a person for deportation shall be exercisable only by the sheriff or the High Court of Justiciary, and shall not be exercisable by the latter on an appeal unless the appeal is against a conviction on indictment or against a sentence upon such a conviction.
(2) A court shall not recommend a person for deportation unless he has been given not less than seven days notice in writing stating that a person is not liable to deportation if he is patrial, describing the persons who are patrial and stating (so far as material) the effect of section 3(8) above and section 7 below; but the powers of adjournment conferred by section 14(3)
PART I
of the Magistrates' Courts Act 1952, section 26 of the Criminal 1952 c. 55. Justice (Scotland) Act 1949 or any corresponding enactment 1949 c. 94. for the time being in force in Northern Ireland shall include power to adjourn, after convicting an offender, for the purpose of enabling a notice to be given to him under this subsection or, if a notice was so given to him less than seven days previously, for the purpose of enabling the necessary seven days to elapse.
(3) For purposes of section 3(6) above—
(a) a person shall be deemed to have attained the age of seventeen at the time of his conviction if, on consideration of any available evidence, he appears to have done so to the court making or considering a recommendation for deportation; and
(b) the question whether an offence is one for which a person is punishable with imprisonment shall be determined without regard to any enactment restrict- ing the imprisonment of young offenders or first offenders;
and for purposes of deportation a person who on being charged with an offence is found to have committed it shall, notwith- standing any enactment to the contrary and notwithstanding that the court does not proceed to conviction, be regarded as a person convicted of the offence, and references to conviction shall be construed accordingly.
(4) Notwithstanding any rule of practice restricting the matters which ought to be taken into account in dealing with an offender who is sentenced to imprisonment, a recommenda- tion for deportation may be made in respect of an offender who is sentenced to imprisonment for life.
(5) Where a court recommends or purports to recommend a person for deportation, the validity of the recommendation shall