PART 6Cautions

Diversionary cautions

I1103Foreign offenders’ conditions

1

Where a diversionary caution is given to a relevant foreign offender, a condition with one or both of the objects in subsection (2) may be attached to it.

2

The objects are—

a

bringing about the departure of the relevant foreign offender from the United Kingdom;

b

ensuring that the relevant foreign offender does not return to the United Kingdom for a period of time.

3

If a diversionary caution has a condition with the object referred to in subsection (2)(b), the expiry of the period does not of itself give rise to any right on the part of the offender to return to the United Kingdom.

4

In this section “relevant foreign offender” means—

a

an offender directions for whose removal from the United Kingdom have been, or may be, given under Schedule 2 to the Immigration Act 1971 or section 10 of the Immigration and Asylum Act 1999, or

b

an offender against whom a deportation order under section 5 of the Immigration Act 1971 is in force.