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Updated policy guidance on appeals against conviction and sentence

Updated policy guidance on appeals against conviction and sentence

Updated policy guidance on appeals against conviction and sentence by foreign national offenders has been published. The broad thrust is that removal or deportation cannot occur during an appeal against conviction and/or sentence although preparations for removal can, but removal or deportation can occur if a reference to the CCRC is pending. If the CCRC refers the case to court, a full appeal is pending again and removal or deportation cannot occur.

Disappointingly, there is nothing on protection for refugees or trafficking victims who may have been the victims of wrongful convictions because they were not properly advised that they had a defence.

Colin Yeo

Immigration and asylum barrister, blogger, writer and consultant at Garden Court Chambers in London and founder and editor of the Free Movement immigration law website.

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