Deportation

Deportation in United Kingdom

Definition of Deportation

In accordance with the work A Dictionary of Law, this is a description of Deportation :

The removal from a state of a person whose initial entry into that state was illegal (Compare expulsion). In the UK this is authorized by the Immigration Act 1971 as amended by the Immigration and Asylum Act 1999 in the case of any person who does not have the right of abode there (See immigration). He may be ordered to leave the country in four circumstances: if he has overstayed or broken a condition attached to his permission to stay; if another person to whose family he belongs is deported; if (he being 17 or over) a court recommends deportation on his conviction of an offence punishable with imprisonment; or if the Secretary of State thinks his deportation to be for the public good. The Act enables appeals to be made against deportation orders. Normally, they are either direct to the *Immigration Appeal Tribunal or to that tribunal after a preliminary appeal to an adjudicator. The Immigration Act 1988 restricts this right of appeal in the case of those who have failed to observe a condition or limitation on their leave to enter the UK. The Immigration and Asylum Act 1999 gives additional powers to order those present in the UK without permission to leave, either when they have overstayed or obtained leave to remain by deception or when they were never granted leave to remai It also provides for the removal of asylum claimants under standing arrangements with other EU member states.

History

Deportation, or Transportation, a system of punishment for crime, of which the essential factor is the removal of the criminal to a penal settlement outside his own country. It is to be distinguished from mere expulsion (q.v.) from a country, though the term “deportation” is now used in that sense in English law under the Aliens Act 1905 (see Alien). Strictly, the deportation or transportation system has ceased to exist in England, though the removal or exclusion of undesirable persons from British territory, under various Orders in Council, is possible in places subject to the Foreign Jurisdiction Acts, and in the case of criminals under the Extradition Acts. (1)

Earlier British Transportation System

At a time when the British statute-book bristled with capital felonies, when the pick-pocket or sheep-stealer was hanged out of hand, when Sir Samuel Romilly, to whose strenuous exertions the amelioration of the penal code is in a great measure due, declared that the laws of England were written in blood, another and less sanguinary penalty came into great favour. The deportation of criminals beyond the seas grew naturally out of the laws which prescribed banishment for certain offences. The Vagrancy Act of Elizabeth’s reign contained in it the germ of transportation, by empowering justices in quarter sessions to banish offenders and order them to be conveyed into such parts beyond the seas as should be assigned by the privy council.

American plantations

Full effect was given to this statute in the next reign, as is proved by a letter of James I. dated 1619, in which the king directs “a hundred dissolute persons” to be sent to Virginia. Another act of similar tenor was passed in the reign of Charles II., in which the term “transportation” appears to have been first used. A further and more systematic development of the system of transportation took place in 1617, when an act was passed by which offenders who had escaped the death penalty were handed over to contractors, who engaged to transport them to the American colonies. These contractors were vested with a property in the labour of the convicts for a certain term, generally from seven to fourteen years, and this right they frequently sold. Labour in those early days was scarce in the new settlements; and before the general adoption of negro slavery there was a keen competition for felon hands. An organized system of kidnapping prevailed along the British coasts; young lads were seized and sold into what was practically white slavery in the American plantations. These malpractices were checked, but the legitimate traffic in convict labour continued, until it was ended peremptorily by the revolt of the American colonies and the achievement of their independence in 1776.1

The British legislature, making a virtue of necessity, discovered that transportation to the colonies was bound to be attended by various inconveniences, particularly by depriving the kingdom of many subjects whose labour might be useful to the community; and an act was accordingly passed which provides that convicts sentenced to transportation might be employed at hard labour at home. At the same time the consideration of some scheme for their disposal was entrusted to three eminent public men: Sir William Blackstone, Mr Eden (afterwards Lord Auckland) and John Howard.

The result of their labours was an act for the establishment of penitentiary houses, dated 1778. This act is of peculiar importance. It contains the first public enunciation of a general principle of prison treatment, and shows that even at that early date the system since nearly universally adopted was fully understood. The object in view was thus stated. It was hoped “by sobriety, cleanliness and medical assistance, by a regular series of labour, by solitary confinement during the intervals of work and by due religious instruction to preserve and amend the health of the unhappy offenders, to inure them to habits of industry, to guard them from pernicious company, to accustom them to serious reflection and to teach them both the principles and practice of every Christian and moral duty.” The experience of succeeding years has added little to these the true principles of penal discipline; they form the basis of every species of prison system carried out since the passing of an act of 1779.

Australian penal settlements

No immediate action was taken by the committee appointed. Its members were not in accord as to the choice of site. One was for Islington, another for Limehouse; Howard only stipulated for some healthy place well supplied with water and conveniently situated for supervision. He was strongly of opinion that the penitentiary should be built by convict labour. Howard withdrew from the commission, and new members were appointed, who were on the eve of beginning the first penitentiary when the discoveries of Captain Cook in the South Seas turned the attention of the government towards these new lands. The vast territories of Australasia promised an unlimited field for convict colonization, and for the moment the scheme for penitentiary houses fell to the ground. Public opinion generally preferred the idea of establishing penal settlements at a distance from home. “There was general confidence,” says Merivale in his work on colonization, “in the favourite theory that the best mode of punishing offenders was that which removed them from the scene of offence and temptation, cut them off by a great gulf of space from all their former connexions, and gave them the opportunity of redeeming past crimes by becoming useful members of society.” (2)

(1)

Resources

Notes and References

  1. Encyclopedia Britannica (11th Edition)
  2. Id.

See Also

Further Reading


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