Spalding, A. (2024) Revisiting the punitiveness of deportation. Legal Studies, 44 (2). 369 -384. ISSN 0261-3875
Abstract
Immigration measures such as deportation are currently not regarded as punitive and there has been little exploration of this from a legal perspective. This paper will consider this issue in depth, covering little discussed case law from the European Court of Human Rights. It will also explore how this legal position on deportation does not reflect the findings of other disciplines such as criminology and sociology on how immigration measures are used and experienced as punitive. This paper will build on existing literature by demonstrating the significance of a recent development in UK law to this debate. Section 47 of the Nationality and Borders Act 2022 (NBA 2022) introduced a ‘stop the clock’ provision into the Early Removal Scheme for foreign national prisoners. This new provision may prompt the judiciary to revisit the question of whether deportation is punitive in some contexts.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © The Author(s), 2024. This article has been published in a revised form in https://doi.org/10.1017/lst.2023.41. This version is free to view and download for private research and study only. Not for re-distribution or re-use. |
Keywords: | immigration, deportation, foreign national offender, foreign national prisoner, Maaouia |
Dates: |
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Institution: | The University of Leeds |
Academic Units: | The University of Leeds > Faculty of Education, Social Sciences and Law (Leeds) > School of Law (Leeds) |
Depositing User: | Symplectic Publications |
Date Deposited: | 17 Nov 2023 09:45 |
Last Modified: | 09 Oct 2024 14:38 |
Status: | Published |
Publisher: | Cambridge University Press |
Identification Number: | 10.1017/lst.2023.41 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:205463 |