ABSTRACT

Finally, we consider various orders which can be made at the time the offender is being sentenced.

Under s 6(3) of the Immigration Act 1971, a court which is dealing with someone who is not a British citizen and who has been convicted of an imprisonable offence, may make a recommendation to the Home Secretary that the person be deported. In R v Nazari [1980] 1 WLR 1366; [1980] 3 All ER 880, Lawton LJ said that the seriousness of the offence and the extent of the offender’s criminal record should be taken into account in deciding whether or not to make a recommendation for deportation. Such a recommendation may be combined with any sentence but is most common where the offender has received a custodial sentence; in such a case, the Home Secretary can order the offender’s deportation once he is released from prison.