The UK Borders Act 2007 currently requires the Secretary of State to make a deportation order in respect of a non-British, non-Irish citizen convicted in the UK of an offence for which they were sentenced to a period of imprisonment of at least 12 months, unless an exception applies (for example where deportation would breach the person’s ECHR rights or the UK’s obligations under the Refugee Convention).
	The Act extends that duty to make a deportation order to include foreign criminals given suspended sentences of at least 12 months for an offence committed in the UK. This strengthens the enforcement approach to foreign nationals who commit offences which do not result in an immediate custodial sentence reflecting the Government’s commitment to delivering justice for victims and safer streets for our communities. It also ensures that those who would have been given an immediate custodial sentence of 12 months but who are in future given a suspended sentence, will continue to be subject to the automatic deportation regime.
	The Act also amends the meaning of "period of imprisonment" in Part 5A of the Nationality, Immigration and Asylum Act 2002 so that a person given a suspended sentence of 12 months or more is a "foreign criminal" for the purpose of a court or tribunal, considering an appeal against the refusal of an ECHR Article 8 claim.
Policy background Part 4: Foreign Criminals Deportation of foreign criminals