Section 38: Article 33(2): particularly serious crime, Nationality and Borders Act 2022

Section 72 of the Nationality, Immigration and Asylum Act 2002 (serious criminal) is amended as follows.

In subsection (1), for “protection” substitute .“prohibition of expulsion or return”

In subsection (2)—

in the words before paragraph (a)—

for “shall be presumed to have been” substitute ;“is”

omit “and to constitute a danger to the community of the United Kingdom”;

in paragraph (b), for “two years” substitute .“12 months”

In subsection (3)—

in the words before paragraph (a)—

for “shall be presumed to have been” substitute ;“is”

omit “and to constitute a danger to the community of the United Kingdom”;

in paragraph (b), for “two years” substitute ;“12 months”

in paragraph (c), for “two years” substitute .“12 months”

In subsection (4), in the words before paragraph (a)—

for “shall be presumed to have been” substitute ;“is”

omit “and to constitute a danger to the community of the United Kingdom”.

After subsection (5) insert—

(5A)A person convicted by a final judgment of a particularly serious crime (whether within or outside the United Kingdom) is to be presumed to constitute a danger to the community of the United Kingdom.

In subsection (6), for “(2), (3) or (4)” substitute .“(5A)”

In subsection (7), for “(2), (3) or (4)” substitute .“(5A)”

In subsection (8), for “mentioned in subsection (6)” substitute .“under subsection (5A)”

In subsection (9)(b), for “presumptions under subsection (2), (3) or (4) apply” substitute .“a presumption under subsection (5A) applies”

In subsection (10)(b), for “presumptions under subsections (2), (3) or (4) apply” substitute .“a presumption under subsection (5A) applies”

In subsection (11)(b)—

in the opening words, for “two years” substitute ;“12 months”

in sub-paragraph (ia), for “two years”, in both places it occurs, substitute ;“12 months”

in sub-paragraph (iii), for “two years” substitute .“12 months”

The amendments made by this section apply only in relation to a person convicted on or after the date on which this section comes into force.

Section 38: Article 33(2): particularly serious crime

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