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THE EXPULSION OF ALIENS.
The liability of an alien to expulsion arises under two sets of conditions : Liability
of Alien to (1) Section 3 (1) (a) of the Aliens Act, 1905, provides that if an alien is expulsion. convicted of an offence for which he is liable to be sentenced to imprisonment without the option of a fine the Court may recommend his expulsion either in addition to or in lieu of sentence.
(2) Section 3 (1) (b) provides that if an alien is found within twelve months of his last arrival in the United Kingdom to be in receipt of poor relief, or to be wandering without any visible means of subsistence, or to be living in insanitary conditions due to overcrowding, or to have been convicted in a foreign country of an extradition crime a Court may, on proceedings being duly taken, certify the facts to the Secretary of State.
In both cases it rests with the Secretary of State to determine whether to make an Expulsion Order.
During the first year of the operation of the Act 448 recommendations for Expulsion the expulsion of convicted aliens were received by the Secretary of State. of Table I. shows for the whole kingdom the offences involved in the cases, the Convicted
Aliens. sentences, and the nationalities of the offenders. In Table II., A, B, C, and D, are shown the same facts arranged separately for the Metropolis, England and Wales (excluding the Metropolis), Scotland and Ireland.
The sentences range from a fine or 14 days (or less) imprisonment to penal servitude for 15 years. In 308 cases the question of expulsion became ripe during the year 1906 for the Secretary of State's decision. Expulsion orders were in due course made in 287 cases, the details of which are set out in Table III. Of these, 202 cases belonged to the Metropolis. In 21 cases
no expulsion order was made ; in three of these the recommendations were made by courts having no jurisdiction to recommend, so that they could not be carried into effect ; in three no order was necessary as the aliens were removed from the United Kingdom by their own Consul at his special request ; and in one case the alien appealed against the conviction, was released on bail for the purpose of the appeal and absconded. The remaining 14 cases related to persons against whom no previous conviction was recorded, and involved special considerations, such as the length of time the alien had been in the country, the dependence on him or her of a family mostly British-born, an undertaking by a Consui to look after the alien, &c.
One of the 14 persons to whom clemency was shown in the first instance rendered himself liable a second time, was again recommended for expulsion and was expelled.
Out of the 287 persons against whom expulsion orders were made 17 were subsequently found in the United Kingdom in contravention of the order. Of these, 15 received sentences of imprisonment for the offence, and two were discharged on condition of immediate departure from the United Kingdom.
Eight persons became liable under the second set of conditions explained Expulsion above. Details are given in Table IV. In six of these cases expulsion orders of Aliens
without were made, and two cases were awaiting decision at the end of the year.
Effect of Some time must elapse before it will be possible to gauge with any
upon the amount or nature of alien crime in the United Kingdom. crime.
The statistics of convicted prisoners--though by no means an absolute index to crime—will in the long run afford a test, but it is too soon yet to expect them to show any great change. Even if Courts commonly took the view that expulsion is, in the case of an alien, a substitute for the punishment hitherto attached to crime by whomsoever committed-and, as a fact, expulsion was recommended in lieu of sentence in only one case during 1906—almost every alien recommended for expulsion would still go to swell the total of convicted aliens in prison, for it is necessary, in practically every instance, for the alien to be detained in prison after his conviction by the Court pending the Secretary of State's decision as to expulsion. Notwithstanding this, the prison statistics already yield indications that the liability to expulsion is
exercising considerable influence. Alien
The alien* prison population reached its highest point in 1904, having Prison
increased ever since 1893—the first year for which figures are available—and Popula
at a greater rate than the total prison population. Table V, shows that
If the matter be tested by the figures of prisoners in custody on a given date
This may be compared with the figures of all convicted prisoners in custody on 22nd January, 1907, viz., 18,302, and on 26th April, 1904, viz., 19,139, showing a decline between the two dates of 4:37 per cent. Om 22nd January, 1907, aliens formed 2.77 of the total number of convicted prisoners in custody ; in April, 1904, they formed 3.32 per cent.
Similar statistics as regards the alien prison population in Scotland and Ireland are given in Tables VIII. to XI. The figures are very much smaller both absolutely and in proportion to the total prison population and they do not exhibit any such marked tendency as the English figures. It would seem that in Scotland the growth of the alien prison population has not yet received any check.
* The word “alien ” when used in regard to prisoners includes only those who declare themselves to have been born in foreign countries. There may be other aliens who do not so declare themselves; and it is possible that a person though so declareil may be British by parentage. The figures of aliens in prison may therefore not be strictly comparable with those of aliens expelled.
TABLE I. NATIONALITIES, OFFENCES, and SENTENCES of CONVICTED ALIENS recommended
for EXPULSION during the Year 1906 throughout the UNITED KINGDOM.
TABLE II. (a).
for Expulsion during the Year 1906 in the METROPOLIS.