Criminal Justice Act 2003, section 259

Persons liable to removal from the United Kingdom

Part 12 Sentencing

For the purposes of this Chapter a person is liable to removal from the United Kingdom if—

(a)he is liable to deportation under section 3(5) of the Immigration Act 1971 (c. 77) and has been notified of a decision to make a deportation order against him,

(b)he is liable to deportation under section 3(6) of that Act,

(c)he has been notified of a decision to refuse him leave to enter the United Kingdom,

(d)he is an illegal entrant within the meaning of section 33(1) of that Act, or

(e)he is liable to removal under section 10 of the Immigration and Asylum Act 1999 (c. 33).

Cases considering section 259 16

Mormoroc, R (On the Application Of) v The Secretary of State for Justice

[2017] EWCA Civ 989 · 17 July 2017Defines

A prisoner becomes liable to removal for the relevant statutory chapter when liable to deportation under section 3(5) of the Immigration Act 1971 and notified of a decision to make a deportation order. Earlier service of that decision would therefore produce statutory exclusion from Home Detention Curfew (see paras [6]; [65]).

Francis, R (on the application of) v Secretary of State for Justice & Secretary of State for the Home Department

[2012] EWCA Civ 1200 · 14 September 2012Defines

The court treated section 259 as providing a detailed definition of the removal category excluded from HDC. That detail supported the conclusion that immigration detention outside the definition was not impliedly excluded. (see para [56]) The provision identified when a prisoner became statutorily liable to removal and therefore ineligible for HDC. The appellant did not reach that status merely through issue of an IS91. (see para [13])

AA, R (on the application of) v Secretary of State for the Home Department

[2025] EWHC 3404 (Admin) · 29 December 2025Interprets

The court interpreted section 259 as creating a two-part requirement: liability to deportation and notification of a decision to make a deportation order. A stage 1 notice satisfies neither the second requirement nor the statutory bar to home detention curfew (see paras [77]-[83], [102]-[105]). The court held that the words “notified of a decision to make a deportation order” require a final deportation decision to have been made and communicated. Notification of liability at stage 1 is insufficient (see paras [77], [81]-[85], [103]-[105]).

What each judgment says about section 259 is in the case-law panel in the full Act.

Explanatory note

591.Section 259 is an interpretative provision, defining what ‘persons liable to removal from the United Kingdom’ for the purposes of Chapter 6 of Part 12 of the Act.

All the explanatory notes for the Act

Amendments and notes

1 notes from legislation.gov.uk

Commencement

  1. I116S. 259 wholly in force at 4.4.2005; s. 259 not in force at Royal Assent, see s. 336(3); s. 259 in force for certain purposes at 26.1.2004 by S.I. 2003/3282, art. 2, Sch.; s. 259 in force in so far as not already in force at 4.4.2005 by S.I. 2005/950, art. 2(1), Sch. 1 para. 19 (subject to art. 2(2), Sch. 2)