QUEEN'S BENCH DIVISION
Strand, London, WC2A 2LL
B e f o r e :
| Bartolomiej Polomski
|- and -
|Westminster Magistrates' Court
Daniel Sternberg (instructed by CPS Extradition Unit) for the Respondent/Interested Party
Hearing dates: 17 June 2013
Crown Copyright ©
Mr Justice Cranston:
Tariff expired removal scheme
"32A Removal of prisoners liable to removal from the United Kingdom.
(1) Where P
(a) is a life prisoner in respect of whom a minimum term order has been made, and
(b) is liable to removal from the United Kingdom,
the Secretary of State may remove P from prison under this section at any time after P has served the relevant part of the sentence (whether or not the Parole Board has directed P's release under section 28) "
Under section 34 of the 1997 Act references to life sentences include IPP. "Relevant part" under section 28 is the minimum term the court has ordered the person to serve. Section 32 A(5) defines a person "liable to removal from the United Kingdom" by reference to section 259 of the Criminal Justice Act 2003. That provides as follows:
"259 Persons liable to removal from the United Kingdom
This section has no associated Explanatory Notes
For the purposes of this Chapter a person is liable to removal from the United Kingdom if
(a) he is liable to deportation under section 3(5) of the Immigration Act 1971 (c. 77) and has been notified of a decision to make a deportation order against him,
(b) he is liable to deportation under section 3(6) of that Act,
(c) he has been notified of a decision to refuse him leave to enter the United Kingdom,
(d) he is an illegal entrant within the meaning of section 33(1) of that Act, or
(e) he is liable to removal under section 10 of the Immigration and Asylum Act 1999 (c. 33)."
A foreign national subject to an extradition order does not fall within any of these categories by virtue of that order alone.