Winner of the 2014 British Society of Criminology publication Prize
This ebook examines the function of felony legislation within the enforcement of immigration controls over the past 20 years in Britain. The criminalization of immigration prestige has traditionally served features of exclusion and keep an eye on opposed to those that defy the state’s powers over its territory and inhabitants. within the final twenty years, the powers to exclude and punish were superior through the growth of of immigration offences and their extra systematic enforcement.
This ebook is the first in-depth research on felony offences in Britain, and provides unique empirical fabric in regards to the use of felony powers opposed to suspected immigration wrongdoers. in accordance with interviews with practitioners and employees on the united kingdom Border service provider and knowledge from lawsuits related to immigration defendants, it examines prosecution choice making and the complaints earlier than the felony justice system. Crimes of Mobility critically analyses the criminalization of immigration prestige and, extra usually, the services of the legal legislation in immigration enforcement, from a criminal and normative standpoint.
It could be of curiosity to teachers and study scholars engaged on criminology, legal legislations, felony justice, socio-legal reviews, migration and refugee experiences, and human rights, in addition to felony legislations and immigration practitioners.
Read Online or Download Crimes of Mobility: Criminal Law and the Regulation of Immigration (Routledge Studies in Criminal Justice, Borders and Citizenship) PDF
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Additional info for Crimes of Mobility: Criminal Law and the Regulation of Immigration (Routledge Studies in Criminal Justice, Borders and Citizenship)
17 whilst I requested a felony solicitor, protecting somebody (Mr Hussain) who arrived at Heathrow with out commute files and hence claimed asylum sooner than Uxbridge Magistrates’ court docket, no matter if he was once making plans to interpose the defence according to article 31 of the Refugee conference, he spoke back that ‘that is an immigration factor on the topic of the asylum declare. It’s now not a legal defence. I’m a felony legal professional; I don’t comprehend whatever approximately immigration’. ninety six Practices of punishment In every one of these situations, the shortcoming of information is going ignored, until it's detected on charm. in a single such example, it used to be exposed that the defendant had a defence for the cost of getting into the rustic with no passport which he disclosed within the written record during which he pleaded in charge. The courtroom of charm acknowledged that such defence used to be obvious within the written record. hence, the plea do not need been approved and the defendant wouldn't have been convicted. 18 notwithstanding, the situations that extend the better courts are a small minority. the general public who're prosecuted for immigration offences are provided a short and superficial exam in their instances in a felony method which appears to be like extra like a bureaucratic and repetitive administrative continuing than a real workout of justice. In different phrases, legal court cases in those circumstances appear to be extra approximately management than approximately justice. while the immigration case does impact the legal case: exceptions and mitigations In a few circumstances, the immigration or asylum case is critical for the felony case. First, while the defendant is granted refugee prestige or humanitarian defense earlier than the felony case is determined, the individual is likely to be acquitted. moment, the immigration or asylum case is generally pointed out for mitigation reasons, and so it may possibly have a few weight at the aid of the penalty. An asylum declare doesn't hinder the outlet of a legal continuing opposed to the applicant. ordinarily magistrates and judges go their sentence prior to the asylum declare is determined. consequently, sometimes, individuals are prosecuted and convicted for immigration crimes, and after serving their sentences they're granted refugee prestige. A barrister focusing on immigration offences defined that he frequently observes this series the place the legal sentence precedes the asylum selection: [W]hat we do see is that somebody is arrested with a passport, fake passport, they plead in charge. Afterwards they are saying ‘[L]ook, i'm a refugee’. by the point they are saying they're refugees they weren’t adequately represented, they served time in felony, they got here out, they made an program for asylum and a deportation order is issued. they usually need to guard that on asylum grounds and their asylum software turns into the immune to the deportation order and on the finish of it, the court docket says ‘[W]ell, we aren't going to deport him simply because he's a refugee. ’ (Respondent 15, 28/04/2010) In a few infrequent situations, despite the fact that, the choice at the asylum declare is made sooner than the legal case is settled.