Commentary on Sections Part 5: Deportation of criminals Section 36: Detention
116.This section creates a new power for the Secretary of State to detain a person while he considers whether section 32 applies, and pending the making of a deportation order under section 32 (subsection (1)). Where an automatic deportation order has been made, the Secretary of State must exercise the power of detention under paragraph 2(3) of Schedule 3 to the Immigration Act 1971 unless in the circumstances he thinks it inappropriate. A court determining on appeal against conviction or sentence may direct release from detention under subsection (1) or (2) (subsection (3)). Paragraph 2(3) provides a power of detention in respect of a person if a deportation order is in force against that person.
117.Subsections (4) and (5) apply the existing provisions on bail, arrest and restriction orders to automatic deportation cases.