s.88Report preliminary to deportation order
88
Section 88Part 8 — Deportation

Report preliminary to deportation order

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No deportation order shall be made under this Law, otherwise than in the case of —
a convicted and deportable person;
a person who has been convicted of an offence contrary to section 56 or 78(1)(c); or
a person who has been sentenced in the Islands to imprisonment for not less than six months,
Where it is intended to take proceedings against any person for the purpose of obtaining a report under subsection (1), a notice shall be served upon such person giving him reasonable information as to the nature of the facts alleged against him and the grounds upon which it is alleged that a deportation order should be made, requiring him to show cause why such order should not be made and naming the time and place for his appearance before a summary court in that behalf, and if such person should fail to appear at the time and place so named, the court may issue a warrant for his arrest.
In every proceeding under subsection (2), the court shall take such evidence on oath of the parties (who may be represented by counsel) and their witnesses as may be tendered in chief and upon cross-examination and re-examination and, after considering the evidence adduced before it and making any further investigations which it may consider to be desirable, shall report to the Cabinet setting out its findings of fact, conclusions of law, if any, and making such recommendation as he thinks fit.
During the proceedings and pending the decision of the Governor, the court, at its discretion, may order the person, the subject of the report, to be detained in legal custody or released on bail.

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