Legislation – Criminal Justice and Immigration Act 2008
Changes to legislation:
Criminal Justice and Immigration Act 2008, Part 10 is up to date with all changes known to be in force on or before 05 November 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Part 10:
- Sch. 7 para. 5A and cross-heading inserted by 2008 c. 25 Sch. 1 para. 90(3)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Sch. 7 para. 5A and cross-heading inserted by 2008 c. 25 Sch. 1 para. 90(3)
Part 10Special immigration status
130Designation
(1)
The Secretary of State may designate a person who satisfies Condition 1 or 2 (subject to subsections (4) and (5)).
(2)
Condition 1 is that the person—
(a)
is a foreign criminal within the meaning of section 131, and
(b)
is liable to deportation, but cannot be removed from the United Kingdom because of section 6 of the Human Rights Act 1998 (c. 42) (public authority not to act contrary to Convention).
(3)
Condition 2 is that the person is a member of the family of a person who satisfies Condition 1.
(4)
A person who has the right of abode in the United Kingdom may not be designated.
(5)
The Secretary of State may not designate a person if the Secretary of State thinks that an effect of designation would breach—
(a)
the United Kingdom’s obligations under the Refugee Convention, F1…
F1(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
131“Foreign criminal”
(1)
For the purposes of section 130 “foreign criminal” means a person who—
(a)
is not a British citizen, and
(b)
satisfies any of the following Conditions.
(2)
Condition 1 is that section 72(2)(a) and (b) or (3)(a) to (c) of the Nationality, Immigration and Asylum Act 2002 (c. 41) applies to the person (Article 33(2) of the Refugee Convention: imprisonment for at least two years).
(3)
Condition 2 is that—
(a)
section 72(4)(a) or (b) of that Act applies to the person (person convicted of specified offence), and
(b)
the person has been sentenced to a period of imprisonment.
(4)
Condition 3 is that Article 1F of the Refugee Convention applies to the person (exclusions for criminals etc.).
(5)
Section 72(6) of that Act (rebuttal of presumption under section 72(2) to (4)) has no effect in relation to Condition 1 or 2.
(6)
Section 72(7) of that Act (non-application pending appeal) has no effect in relation to Condition 1 or 2.
132Effect of designation
(1)
A designated person does not have leave to enter or remain in the United Kingdom.
(2)
For the purposes of a provision of the Immigration Acts and any other enactment which concerns or refers to immigration or nationality (including any provision which applies or refers to a provision of the Immigration Acts or any other enactment about immigration or nationality) a designated person—
(a)
is a person subject to immigration control,
(b)
is not to be treated as an asylum-seeker or a former asylum-seeker, and
(c)
is not in the United Kingdom in breach of the immigration laws.
(3)
Despite subsection (2)(c), time spent in the United Kingdom as a designated person may not be relied on by a person for the purpose of an enactment about nationality.
(4)
A designated person—
(a)
shall not be deemed to have been given leave in accordance with paragraph 6 of Schedule 2 to the Immigration Act 1971 (c. 77) (notice of leave or refusal), and
(b)
may not be granted F2immigration bail under Schedule 10 to the Immigration Act 2016.
(5)
Sections 134 and 135 make provision about support for designated persons and their dependants.
133Conditions
(1)
The Secretary of State or an immigration officer may by notice in writing impose a condition on a designated person.
(2)
A condition may relate to—
(a)
residence,
(b)
employment or occupation, or
(c)
reporting to the police, the Secretary of State or an immigration officer.
F3(3)
If a condition is imposed under this section on a designated person, the person imposing the condition may also impose an electronic monitoring condition within the meaning of Schedule 10 to the Immigration Act 2016 on the designated person.
(3A)
Paragraph 4 (electronic monitoring conditions) of that Schedule applies in relation to a condition imposed under subsection (3) as it applies to an electronic monitoring condition imposed under that Schedule.
(4)
Paragraph 9(4) and (5) (bail conditions: travelling expenses) of that Schedule applies in relation to conditions imposed under subsection (2)(c) as it applies to conditions imposed under that Schedule.
(5)
A person who without reasonable excuse fails to comply with a condition imposed under this section commits an offence.
(6)
A person who is guilty of an offence under subsection (5) shall be liable on summary conviction to—
(a)
a fine not exceeding level 5 on the standard scale,
(b)
imprisonment for a period not exceeding 51 weeks, or
(c)
both.
(7)
(8)
In the application of this section to Scotland or Northern Ireland the reference in subsection (6)(b) to 51 weeks shall be treated as a reference to six months.
134Support
(1)
Part VI of the Immigration and Asylum Act 1999 (c. 33) (support for asylum-seekers) shall apply in relation to designated persons and their dependants as it applies in relation to asylum-seekers and their dependants.
(2)
But the following provisions of that Part shall not apply—
(a)
section 96 (kinds of support),
(b)
section 97(1)(b) (desirability of providing accommodation in well-supplied area),
(c)
section 100 (duty to co-operate in providing accommodation),
(d)
section 101 (reception zones),
(e)
section 108 (failure of sponsor to maintain),
(f)
section 111 (grants to voluntary organisations), and
(g)
section 113 (recovery of expenditure from sponsor).
(3)
Support may be provided under section 95 of the 1999 Act as applied by this section—
(a)
by providing accommodation appearing to the Secretary of State to be adequate for a person’s needs;
(b)
by providing what appear to the Secretary of State to be essential living needs;
(c)
in other ways which the Secretary of State thinks necessary to reflect exceptional circumstances of a particular case.
(4)
Support by virtue of subsection (3) may not be provided wholly or mainly by way of cash unless the Secretary of State thinks it appropriate because of exceptional circumstances.
(5)
Section 4 of the 1999 Act (accommodation) shall not apply in relation to designated persons.
F5(6)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
135Support: supplemental
(1)
A reference in an enactment to Part VI of the 1999 Act or to a provision of that Part includes a reference to that Part or provision as applied by section 134 above; and for that purpose—
(a)
a reference to section 96 shall be treated as including a reference to section 134(3) above,
(b)
a reference to a provision of section 96 shall be treated as including a reference to the corresponding provision of section 134(3), and
(c)
a reference to asylum-seekers shall be treated as including a reference to designated persons.
(2)
A provision of Part VI of the 1999 Act which requires or permits the Secretary of State to have regard to the temporary nature of support shall be treated, in the application of Part VI by virtue of section 134 above, as requiring the Secretary of State to have regard to the nature and circumstances of support by virtue of that section.
F6(3)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)
Any F7… instrument under Part VI of the 1999 Act—
(a)
may make provision in respect of that Part as it applies by virtue of section 134 above, as it applies otherwise than by virtue of that section, or both, and
(b)
may make different provision for that Part as it applies by virtue of section 134 above and as it applies otherwise than by virtue of that section.
(5)
In the application of paragraph 9 of Schedule 8 to the 1999 Act (regulations: notice to quit accommodation) the reference in paragraph (2)(b) to the determination of a claim for asylum shall be treated as a reference to ceasing to be a designated person.
(6)
The Secretary of State may by order repeal, modify or disapply (to any extent) section 134(4).
F8(7)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
136End of designation
(1)
Designation lapses if the designated person—
(a)
is granted leave to enter or remain in the United Kingdom,
F9(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)
leaves the United Kingdom, or
(d)
is made the subject of a deportation order under section 5 of the Immigration Act 1971 (c. 77).
(2)
After designation lapses support may not be provided by virtue of section 134, subject to the following exceptions.
(3)
Exception 1 is that, if designation lapses under subsection (1)(a) F10…, support may be provided in respect of a period which—
(a)
begins when the designation lapses, and
(b)
ends on a date determined in accordance with an order of the Secretary of State.
(4)
Exception 2 is that, if designation lapses under subsection (1)(d), support may be provided in respect of—
(a)
any period during which an appeal against the deportation order may be brought (ignoring any possibility of an appeal out of time with permission),
(b)
any period during which an appeal against the deportation order is pending, and
(c)
after an appeal ceases to be pending, such period as the Secretary of State may specify by order.
137Interpretation: general
(1)
This section applies to sections 130 to 136.
(2)
A reference to a designated person is a reference to a person designated under section 130.
(3)
“Family” shall be construed in accordance with section 5(4) of the Immigration Act 1971 (c. 77) (deportation: definition of “family”).
(4)
“Right of abode in the United Kingdom” has the meaning given by section 2 of that Act.
(5)
“The Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol.
(6)
“Period of imprisonment” shall be construed in accordance with section 72(11)(b)(i) and (ii) of the Nationality, Immigration and Asylum Act 2002 (c. 41).
(7)
A voucher is not cash.
(8)
A reference to a pending appeal has the meaning given by section 104(1) of that Act.
(9)
A reference in an enactment to the Immigration Acts includes a reference to sections 130 to 136.