Criminal Law: Regina (on the Application of Dragoman) -v- Camberwell Green Magistrates’ Court [2013] EWHC 72

In this case the Appellant was sentenced to a community order for offences of theft and going equipped purportedly made pursuant to the Criminal Justice Act 2003, s.177. The Appellant was a Romanian national. The community order included a requirement that the Appellant did not enter the United Kingdom for a period of twelve months. The Appellant applied for judicial review of the decision of the Court to impose the aforementioned requirement.
In allowing the appeal and holding that the order made in this case was unlawful the Queen’s Bench Division reaffirmed the principle that the purpose of a community order was to rehabilitate someone within the United Kingdom. This order was tantamount to an order for deportation, for which a Statutory regime existed under the United Kingdom Borders Act 2007. Whilst orders could contain a requirement excluding an offender from parts of the United Kingdom, e.g. in order to stop offending, a requirement prohibiting an offender from the United Kingdom in its entirely was unlawful.