From Mental Health Law Online
This Act is relevant to mental health in that it affects whether the deportation of a foreign criminal detained under the Mental Health Act 1983 is conducive to the public good.
The UK Borders Act 2007 (Commencement No. 3 and Transitional Provisions) Order 2008 brings into effect certain provisions of the UK Borders Act 2007 from 1/8/08. This includes Section 32 (automatic deportation) and Section 33 (exceptions) in respect of a person to whom Condition 1 (within the meaning of section 32 of that Act) applies. Condition 1 is that the person is sentenced to a period of imprisonment of at least 12 months.
Transitional provisions mean that this also applies to criminals convicted before 1/8/08 if they are in custody (or subject to a suspended sentence) on 1/8/08, unless they had been served with a notice of a decision to make a deportation order under section 5 of the Immigration Act 1971.
Section 32 defines the term "foreign criminal", states that the deportation of a foreign criminal is conducive to the public good for the purpose of s3(5)(a) Immigration Act 1971, and places a duty on the Secretary of State to make a deportation order in respect of a foreign criminal. This duty is subject to the exceptions in section 33.
"Exception 5" in section 33 includes mental patients subject to s37 (hospital or guardianship order), s45A (hospital direction), and s47 (transfer direction) MHA 1983, and those subject to similar Scottish and Northern Irish provisions.
This exception does not prevent the making of a deportation order; it just means that there is no automatic assumption that deportation is conducive to the public good.