Section 32 of the UK Borders Act 2007 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 under section 33 of that Act applies. Section 38(1) defines a period of imprisonment for the purpose of section 32(2). The Act amends the definition of a period of imprisonment in section 38(1) of the 2007 Act removing section 38(1)(a) thereby extending the duty to deport to foreign criminals who receive suspended sentences.
	The Act amends the definition of a period of imprisonment in section 38(1) of the 2007 Act removing section 38(1)(a) thereby extending the duty to make a deportation to foreign criminals who receive a suspended sentence of at least 12 months.
	Part 5A of the Nationality, Immigration and Asylum Act 2002 (Article 8: additional considerations in cases involving foreign) requires a court or tribunal to have regard to, in cases concerning the deportation of a foreign criminal, the considerations set out in section 117C of the 2002 Act when determining whether a decision made under the Immigration Acts would breach Article 8 of the European Convention on Human Rights (ECHR) and as a result would be unlawful under section 6 of the Human Rights Act 1998. Section 117D(4) provides a definition of a period of imprisonment for the purpose of Part 5A.
	The Act amends the definition of a period of imprisonment in section 117D(4), which has the effect of including a person who has been subjected to a suspended sentence of at least 12 months as meeting the definition of a "foreign criminal" for the purpose of the Article 8 ECHR public interest considerations in section 117C, and all references to periods of imprisonment of a certain length of time in Part 5A include suspended sentences.
Legal background Part 4: Foreign Criminals Deportation of foreign criminals