Jailing Syrian sex offender asylum seeker with PTSD could breach human rights

[JessieZoo]

https://www.telegraph.co.uk/news/2025/02/19/jailing-sex-offender-asylum-seeker-breach-human-rights/

Basically their argument is sending him to prison would trigger PTSD from his experiences in Syria. Now in my view its dangerous because it implies if you have a mental health condition you are free too commit dangerous acts and use it as an excuse not to go prison right or wrong ?.

The poor girls human rights should be considered before this scumbag !

So what. Deport them

You want to abolish the rule of law? For everyone or just for people you don't like?

This poster has nailed it in one. Excellent response and one that not many could disagree with.

If he is sentenced to more than 12 months in prison that will trigger deportation automatically.

Why is it more than 12 months?!? Surely we should deport anyone who commits a crime worthy of jail? Why keep them?!?

Usually a lawyer argues no jail due to such and such a mental disorder as part of an argument for a hospital order. Which sends the person down to a secure mental unit with an indefinite term. There isn’t much difference between prison and a secure mental unit tbh, and he’d be in there years longer than a prison sentence for sexual assault of an adult is often 3yrs, now reduced by 60% due to prison overcrowding which would mean he would be back on the streets in 14mos if sent to prison. A hospital order, he’s going to be in there far far longer. Maybe the rest of his life.

We do deport foreign national criminals sentenced to 12mos or more as standard procedure. Either from our prisons to their home country prisons while they serve their sentence, or immediately after they finish their sentence here.

The 12 month threashhold is so that people don’t get deported for failure to pay a parking penalty notice, then court fine, and then get sentenced for 2 months. It’s so that it’s only criminals that are a real threat to public safety are automatically deported.

The only foreign national criminals we cannot deport are asylum seekers because international and U.K. law prohibits deporting anyone to a country where their life is under direct threat. Now, of course, if the country becomes safe to them while they are in prison, or secure mental hospital they can then be deported.

Don't try to misrepresent me. It's not just people I don't like. It's foreign nationals who break our laws.

The UK seems to have the greatest propensity for self-harm that I can think of.

Yes, we are absolutely fucked and we deserve to be. The country is rapidly turning into a third world cesspit and we are just letting it happen.

Why reviewed? Why not 'that's batshit. Do the crime do the time'?

I can only see the start of the article as it’s behind a paywall but it indicates it’s the judge who has said this, rather than the focus on the defence barrister.
obviously no one cares what the defence barrister thinks and it shouldn’t even be news. if a judge believes it breeches his human rights something else is going on.

it doesn’t make sense that it could breech his HR because seriously mentally ill and traumatised people are sent to prison every single day.

He's entirely correct then.

Because, like any deportation, the case is heard by an immigration tribunal. A successful appeal to the higher tribunal by the Home Office results in the case being referred back for review. That's just the way the system works.

And this is not the case referred to by the OP. In this case he has already done the time - 2 years. The only remaining question is whether he will be deported.

If you want him deported without bothering with any legal process, you do indeed want to abolish the rule of law.

The law needs to be changed not the legal process.

How?

Like in Poland: As a consequence, the alien is expelled immediately and irrespectively of his/her right to appeal against it. The obligation to return always contains a ban on further entry into the territory. As a result, the expelled alien may not return to Poland immediately.

So we don't want a legal system that applies to all. We don't believe in due process. I can't see that line of thinking having anything but positive results.

If we refuse him rights to benefits, NHS, accommodation, he can scuttle off somewhere else. He is not welcome here.

I have zero understanding as to how your posts relate to this situation, which is about whether or not he’s imprisoned.