Wednesday 30 January 2013
A recent case in the Island's Magistrates Court has highlighted the efforts that are being made to take deportation action against those non-British citizens who are consistently convicted of breaking the Bailiwick's laws.
Deportation is the process whereby non-British citizens can be compulsorily removed from the Bailiwick and prohibited from returning for as long as the deportation order remains in force. It is long-established policy that those non-British citizens convicted of serious offences in the Bailiwick risk being recommended for deportation. This policy is now being extended to include those who persistently commit lower-level criminality such as shoplifting, drunk and disorderly and various traffic offences.
Patrick Rice, Head of Law Enforcement in the Bailiwick, said:
"During a recent case in the Magistrates Court, the Magistrate made it clear to a non-British offender who had committed numerous lower level offences over a period of time that his history of re-offending clearly worked to the detriment of the community - not only in terms of the ongoing threat the person presented, but also in terms of the resources that are engaged in the detection of those crimes and the prosecution of them. Whilst the crimes of which he was convicted were not the most serious individually, the history of re-offending was taken into account and a recommendation for deportation was made. In this particular case the offender had been warned in writing on two separate occasions by the Immigration and Nationality Division of the Guernsey Border Agency that if he continued to commit crimes the Court would consider making a recommendation for deportation. Despite these warnings he continued to commit crime. A deportation order has been signed by the Lieutenant Governor and the offender has now been removed back to his home country."
Mr Rice said that it was entirely appropriate for the Bailiwick Court's to take into account the European Convention on Human Rights but, having done so it was for the Court to decide whether or not it was appropriate to make a recommendation.
"The vast majority of those non-British citizens coming to the Island are law abiding and make a valuable contribution to life in the Bailiwick. However, those who consistently failed to comply with the law will be pursued with energy and determination, with the Courts being asked to consider making recommendations for deportation in appropriate cases."
