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Surety and deportation some Qs -- any insight

(28 Posts)
mulranno Tue 16-Jun-09 18:49:41

My BIL is in prison for importing a class A drug. He comes to the end of his sentance tomorrow and as he is a foreign national he has been issued with a deportation notice. He will request an appeal for deportation and apply for bail. His solicitor thinks he has a very good chance of bail. How long will this take to process? How long will it take to decide if they will give him an appeal?

maidenvoyage Wed 17-Jun-09 01:07:54

I am sorry to say this, but hopefully not long till they decide that we have enough british people importing drugs let alone foriegners so hopefully they will deport him and one less drug dealer in the country. Sorry anti drugs my opinion

scaryteacher Wed 17-Jun-09 08:49:32

Have to agree with MV I'm afraid.

LIZS Wed 17-Jun-09 08:52:45

I'd be very surprised if they granted bail rather than held him in a detention centre. Surely chances of him absconding are too high ? Was it you asked similar re an estranged bil a little while back ?

mulranno Wed 17-Jun-09 19:01:40

I requested some factual information and would have hoped for an objective legally informed response rather than than the unhelpful hurtful comments. As a family we are devastated with what he got involved in. However we are concerned for his child. He has done his time.

scaryteacher Wed 17-Jun-09 19:25:41

His solicitor will be able to answer your questions surely?

HerHonesty Wed 17-Jun-09 19:26:13

maidenvoyage she didnt ask for judgement, for some help! give her a break!

annh Wed 17-Jun-09 23:41:09

There's obviously more to this as the OP has been asked on 3 separate threads what BIL's solicitor has said about these issues and we're all being ignored!

dilemma456 Thu 18-Jun-09 10:16:57

Message withdrawn

flowerybeanbag Thu 18-Jun-09 10:27:25

If you want a legally informed response surely your BIL's solicitor is best-placed to advise him of a likely timescale, as he/she has first-hand knowledge of the case and presumably previous experience of this type of situation as well?

mulranno Thu 18-Jun-09 13:14:49

Thank you to those who have sought to provide a factual legally informed response to this technical question. It has helped.

We do not have direct access to BIL solicitor as this situation has created tensions within the family. So we are a bit in the dark. I just wanted to establish if there is a standard timescale for granting bail? Maybe someone legally qualified could comment?

Annh - I hope this makes clarifies things for you? What I have chosen to try and ignore are the snipey comments...however..

Dilemma - how would you like me to respond to your comment? I did not commit a crime, neither did my sister or her son. I do not have to answer to his wrong doing. I have sought the answer to what I assumed was a standard legal question.

Again thankyou to those who have helped. It will go some way to allowing me to support my sister and her child - also victims this crime.

scaryteacher Thu 18-Jun-09 13:30:56

Your sister then needs to be asking her husband's solicitor those questions. Alternatively, google it, I just did sn dit gives you the facts if not the time scale.

Your sis and her child if they are UK citizens should not be deported with him. This isn what it says on About Immigration:

Deportation After a Criminal Conviction
If a foreign national is convicted of a criminal offence which results in a prison sentence they are liable to be deported when they are released for prison. In some cases the sentencing judge will recommend that the individual be deported at the same time as he sentences them to prison.

The more serious the offence, the more likely a judge is to recommend that the foreign national be deported. Whether or not a judge has recommended deportation, when a foreign national is approaching the end of their sentence the Prison Service should notify the immigration authorities of his impending release. This should be done sufficiently far in advance so that preparations for deportation can be commenced in good time.

In cases where no recommendation for deportation was made by the sentencing judge a foreign national should be considered for deportation if he received a prison sentence of longer than one year, or two years in the case of a European citizen. In deciding whether a foreign national should be deported after he has served his sentence the immigration authorities will take into account the offender’s age, his links to the UK and the seriousness of his offence.

If you post on MN about someone who imports drugs into the UK, you are going to get comments whether you like it or not, so perhaps you need to chose the forum you post requests on like this a bit more carefully; or alternatively, pay a solicitor and get the answers yourself.

mulranno Thu 18-Jun-09 14:20:53

In my effort to support a CHILD...I thought making a request for information on a legal thread would be appropriate. Everyone else asks for topline legal advice here so why cant I? -- as I said we do not have access to the BIL solicitor -- why should I pay for a solicitor to get the answers myself? ...?...I repeat I asked a technical question and I am surprised at the snipey responses.

mumblechum Thu 18-Jun-09 14:24:09

And in answer to Scary's response, I think you'll find it's spelled t h a n k y o u.

Lulumama Thu 18-Jun-09 14:27:38

perhaps the CAB could point you towards some information?

why can;t you ask his solicitor? or get information via another family member?

mulranno Thu 18-Jun-09 14:39:29

lulamama...thanks will call CAB. There is great tension in the family....so I am avoiding asking my sister too many Qs...she is very distressed. She is in contact with BIL solicitor but she does not have a clear head at the moment. I am trying to source some standard legal info so that at least I am informed of realistic timescales for bail decisions and can manage her and her childs expectations

mumblechum...sorry I dont understand your post.

annh Thu 18-Jun-09 14:39:32

Mulranno, many of the questions on the legal topic relate to parking tickets, benefits, credit checks etc. People are able to help because they are relatively straightforward queries in areas in which people have expertise or because posters have been in the same situation themselves.

You are asking about a much more complex situation and it looks like no-one knows the answer. Even if someone is prepared to contribute their bit of knowledge, there is so much more background needed to a situation like this. How much of the Class A drug was he importing? How long was it going on for? What is your BIL's home country?

You have said that his solicitor says he has a good chance of bail (actually he must have been released by now?) So, does this mean that you have some way of getting info from the solicitor? Who doesn't have access to him - only you, or your sister as well? I thought she was supporting your BIL, is she not able to ask the solicitor for answers?

scaryteacher Thu 18-Jun-09 14:44:58

You did not make it plain in your original post that this was to support a child - it was to support your BIL who has committed a crime by importing banned and illegal substances into the UK - substances that may harm other people's children; for which he has been rightly jailed.

It's bloody lucky it was the UK he got caught in, and not some other countries I might name where the penalty for importing illegal drugs is far more severe and terminal.

You want the answers, you may have to pay to get them; and no, people may ask for opinions on here, but the vast majority will go to see a solicitor if they want solid legal advice. Why should those who practice law give their advice for free, when they can be paid for doing so?

The disclaimer at the top of the thread reads as follows:

Mumsnet has not checked the qualifications, experience, or professional insurance of anyone posting on Mumsnet and cannot be held responsible for any advice given on the site. Free legal advice is available from a Citizen's Advice Bureau, and the Law Society can supply a list of local solicitors.

I suggest you contact CAB or a solicitor who can give you far more detailed advice.

annh Thu 18-Jun-09 14:48:23

Actually who IS paying for your BIL's soilcitor at the moment?

dilemma456 Thu 18-Jun-09 14:56:50

Message withdrawn

dilemma456 Thu 18-Jun-09 15:02:39

Message withdrawn

mulranno Thu 18-Jun-09 15:34:22

dilemma...thanks for your response.

Scaryteacher...I disagree - lots of people ask and get responses to top line legal enquiries on here. I should have just posted a Q about standard timescales for bail decisions -- then you and others would not have had the opportunity to jeer and snipe.

annh...I shall say it once again for you...

"We do not have direct access to BIL solicitor as this situation has created tensions within the family. So we are a bit in the dark. I just wanted to establish if there is a standard timescale for granting bail? Maybe someone legally qualified could comment?...

and yet again.... one more time....
"There is great tension in the family....so I am avoiding asking my sister too many Qs...she is very distressed. She is in contact with BIL solicitor but she does not have a clear head at the moment. I am trying to source some standard legal info so that at least I am informed of realistic timescales for bail decisions and can manage her and her childs expectations"

Annh - I hope this clarifies things for you?

Also you further Qs...? Actually who IS paying for your BIL's soilcitor at the moment? How much of the Class A drug was he importing? How long was it going on for? What is your BIL's home country?...delighted that you are showing so mch interest is this so you can extend your support further.?

scaryteacher Thu 18-Jun-09 15:44:56

Mulranno - I consider myself an intelligent person. If I had a legal query like yours I would not be asking on MN for advice on something that is clearly within the purlieu of the Home Office. I would be contacting a solicitor who specialises in this to get answers. If you are that curious about the time scale, either pay, or google as I just have and find the actual legislation; and incidentally, that there is free legal online immigration advice.

If you don't do that, and keep asking on here, I will suspect that you are not kosher.

We are not jeering or sniping; we are merely stating our opinions on those who knowingly import illegal substances into the UK, which could make their way on to the streets and harm our children or those of others. If you can't see that, then tough. Personally, I would have him out of the country before his feet could touch the ground, your sister and her son notwithstanding.

mulranno Thu 18-Jun-09 16:18:09

ST.."If you don't do that, and keep asking on here, I will suspect that you are not kosher"....is that some sort of threat?...are you trying to bully me off MN?..I have asked a simple legal Q ...but the context has clearly got a one or two of you hot under the collar.

"We are not jeering or sniping;" FEELS*LIKE*IT "we are merely stating our opinions"...then check your tone and composure as although you see yourself as "intelligent" you might be disappointed to know that you come across as incredibly ingnorant.

scaryteacher Thu 18-Jun-09 16:44:30

As it is an internet forum, how can I be threatening you? I don't know which country you are in, you don't know where I live...I may suspect however, that you are posting as a wind up as you seem intent on ignoring the advice that you can google the info you are after; or find free legal advice on several immigration sites that I have found; or that you go to CAB, or pay a solicitor.

Funny isn't it, how you descend to an accusation of bullying when you don't the get sympathy and advice that you want? In my book, drugs are wrong; those that deal in them should be deported after serving prison sentences, end of.

You have not asked a simple legal question; had you done so, you would have had an answer by now. The fact that no-one can tell you the answer and that this thread has been about for a couple of days should suggest to you that this is a specialist area of the law of which most people won't have knowledge.

My composure is fine, you might mean the composition of my responses to you, which is a completely different matter; the former is to do with my mood/state of mind; the latter is to do with the way I write. My tone has been polite throughout. If you don't like my opinions, tough.

As to your belief that I come across as incredibly ignorant, I think you have demonstrated that yourself 16 posts done, when Mumblechum suggested you thank me for taking the time to find, copy and paste some information for you, and you said you didn't understand her post. I rest my case.

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