- Law change to allow immediate deportation of convicted
foreign criminals
- Follows recent changes that will allow foreign prisoners to
be deported 30% into their jail term
- Part of Plan for Change to restore control to our borders and
keep streets safe
Foreign criminals will for the first time face immediate
deportation after sentencing as the Government continues to
strengthen border security through the Plan for
Change.
The new power announced today (10 August) will get foreign
national offenders out of our prisons, saving money for British
taxpayers and protecting the public from dangerous
criminals.
The change follows legislation introduced by the Government in
June, which will mean most foreign prisoners can now be deported
after serving 30 percent of their prison time, rather than 50
percent.
Today, the Government has announced it will go even
further—stripping back a decades-old law to introduce new powers
for immediate deportation from prison. Offenders who are deported
are barred from re-entering the UK, keeping their victims and the
wider public safe. Terrorists, murderers and others serving
life sentences will continue to have to serve their prison
sentence before being considered for deportation.
Ramping up removals of foreign national offenders has been a
priority for this Government with almost 5,200 deported since
July 2024 – an increase of 14% compared to the same 12 months
prior. We have also invested £5 million for the deployment of
specialist staff to almost 80 jails with one clear mission –
speeding up removals. These are all now in
post.
This is part of our Plan for Change to fix the broken criminal
justice system we inherited and make our streets safer. This
includes building 14,000 more prison places, reforming sentencing
and ensuring victims get the support they need.
Lord Chancellor and Justice Secretary, ,
said:
"This Government is taking radical action to deport foreign
criminals, as part of our Plan for Change. Deportations are up
under this Government, and with this new law they will happen
earlier than ever before.
“Our message is clear: if you abuse our hospitality and break
our laws, we will send you packing.”
These measures build on broader work during the Government's
first year in office to deliver on the British public's
priorities for border security and ramp up returns which has now
seen 35,000 people with no right to be here returned since the
election, including over 5,000 FNOs.
The changes will apply to prisoners serving fixed-term, or
determinate, sentences and discretion to not use the measure on a
case-by-case basis will be retained. For example, where there is
clear evidence a prisoner is planning further crimes against UK
interests such as posing a threat to national security they will
not be released.
Foreign offenders make up around 12% percent of the total prison
population with prison places costing £54,000 a year on
average.
The measures will apply to all foreign national offenders already
in custody as well as those newly sentenced, ensuring that
taxpayers' money will not be wasted on incarcerating foreign
criminals in the future.
We are committed to further ramping up returns activity,
including exploring returns hubs, introducing a ground-breaking
new returns treaty with France which will see small boat
arrivals detained and returned to France, and will set out
major reforms to the asylum appeals system later this year,
working with a range of countries to strengthen law enforcement,
border security and returns.
Our Immigration White Paper will end the addiction to cheap
overseas labour that saw net migration explode to nearly one
million in recent years by replacing it with an immigration
system that is controlled, selective and fair and boosting
opportunities for homegrown talent. The White Paper also includes
plans to introduce legislation that tightens the application of
Article 8 of the European Convention on Human Rights and sets out
reforms to make it easier to remove foreign criminals convicted
of any offence before the threat they pose escalates.
The changes to enable the immediate deportation of foreign
prisoners require primary legislation and will be brought before
Parliament in due
course.
ENDS
Notes to Editors
- In May, the Independent Sentencing Review recommended the law
change so most foreign prisoners could be deported after serving
30 percent of their prison time, rather than 50 percent, and up
to four years before their release, rather than the current 18
months.
- The Government laid secondary legislation in June and this is
expected to come into force in September, at which point
prisoners with no right to be in the country will face
deportation 30% into their prison part of their sentence rather
than the current 50%.
- This will be reduced to 0% once the primary legislation this
power requires is in force.
