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In a recent announcement by the justice secretary, foreign criminals will now be subject to immediate deportation upon receiving a custodial sentence. The new plans will see individuals with fixed-term sentences being deported right after their sentencing, with a ban on re-entry to the UK. The Ministry of Justice (MoJ) clarified that the decision on whether these individuals serve their sentences abroad will be left to the country to which they are being sent, potentially allowing some criminals to be set free upon arrival in their destination country.
Authorities emphasized that foreign offenders account for approximately 12% of the current prison population, with each prison place costing an average of £54,000 per year. The implementation of these new powers is expected to result in cost savings for British taxpayers while also enhancing public safety. However, individuals serving life sentences, including terrorists and murderers, will complete their prison terms in the UK before any consideration for deportation is made.
Following a judge’s decision to issue a custodial sentence, the responsibility for determining whether an individual will be deported will fall on a prison governor, as per the MoJ. Authorities will retain the right to keep criminals in custody if there are concerns about their intentions to commit further crimes against the interests of the UK or if they pose a threat to national security. The MoJ indicated that the criteria for identifying foreign nationals is guided by the guidelines set forth in the Nationality, Immigration, and Asylum Act. As of January 2024, the prison system housed roughly 10,400 foreign nationals.
Addressing the implementation of these measures, Justice Secretary Shabana Mahmood stated that foreign criminals who disregard the law and abuse the hospitality of the UK will be swiftly deported. Mahmood highlighted that the government’s strict approach to deportations under the Plan for Change has already seen an increase in deportations, with the new law set to expedite the process even further. However, Shadow Justice Secretary Robert Jenrick expressed reservations about the plans, cautioning that some countries may refuse to accept individuals facing deportation. Jenrick called for stronger measures, suggesting the suspension of visas and foreign aid for countries unwilling to cooperate in the deportation process. The recent announcement follows a legislative adjustment made in June, set to take effect in September, which mandates that prisoners can be considered for deportation 30% into their sentence, down from the previous 50%. The government now seeks Parliamentary approval to bring this threshold down even further to 0%
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