Deportation to Follow Sentencing for Foreign Criminals Under New Policy

In a significant shift in its justice and immigration policies, the government has announced a new plan that will see most foreign nationals convicted of a crime face immediate deportation after sentencing, rather than serving a substantial portion of their prison terms in the UK. This radical change is presented as a cornerstone of the government's broader "Plan for Change" aimed at restoring control of the country's borders and enhancing public safety. The new policy represents a considerable departure from previous practices, which typically required foreign national offenders to serve a minimum of 50% of their sentence before being considered for removal.
The announcement, made by the Justice Secretary, marks the culmination of a series of legislative changes and policy reforms. Earlier this year, the government had already taken a step in this direction, introducing a new law that allowed for the deportation of most foreign prisoners after they had served 30% of their prison term. This legislation, which is set to come into force in September, was a response to recommendations from an independent sentencing review. However, the new plans go even further, stripping back a decades-old law to introduce powers for immediate deportation, effectively reducing the time a foreign criminal must serve in a UK prison to zero percent of their sentence.
This change is not merely a symbolic gesture; it is driven by a number of practical and ideological considerations. The government argues that keeping foreign criminals in UK prisons is a significant financial burden on taxpayers. With one in eight prisoners in England and Wales being foreign-born, the annual cost of incarceration is estimated to be in the hundreds of millions of pounds. By deporting these individuals immediately, the government hopes to free up valuable prison capacity and redirect funds towards other areas of public service. The Justice Secretary's message has been clear and resolute: "If you abuse our hospitality and break our laws, we will send you packing." This rhetoric underscores a commitment to prioritizing the safety and interests of the British public.
The new measures are expected to apply to a wide range of offenses, including serious crimes such as rape, burglary, and drug dealing. Under the proposed new law, offenders who receive a fixed-term custodial sentence will be subject to immediate deportation. The government has stressed that once deported, these individuals will be permanently barred from re-entering the UK, thus providing a layer of protection for victims and the wider community. However, the plan does contain some exceptions. Authorities will retain the power to decide against deporting an offender if they are deemed to pose a serious threat to the UK's national security or interests, in which case they would remain in custody. Additionally, serious offenders who have been given indeterminate sentences, such as terrorists and murderers, will still be required to serve their time in the UK before being considered for deportation.
The new policy also addresses the potential legal challenges that often arise in deportation cases, particularly those related to human rights. The government has indicated that it will introduce legislation that tightens the application of Article 8 of the European Convention on Human Rights, which protects the right to a private and family life. This is a direct response to a common tactic used by foreign national offenders to appeal deportation orders. The government's goal is to make it significantly more difficult for these appeals to succeed, prioritizing the principle of removing criminals from the country above all other legislation in these specific circumstances. This is part of a wider effort to streamline the deportation process and ensure that removals happen "earlier than ever before," according to the Justice Secretary.
The announcement of this new policy is part of a broader government strategy to crack down on immigration and strengthen border security. This includes a pledge to create 14,000 new prison places by 2031 and to tackle the number of people arriving in the UK on small boats. The government has pointed to a 14% increase in the number of foreign national offenders deported in the last year as evidence of its commitment to this agenda. The new immediate deportation plan, which will require parliamentary approval to become law, is being presented as the next logical and necessary step in this comprehensive approach to immigration and criminal justice. It is a policy that is set to reshape the landscape of law enforcement and border control, with a clear message that the UK's justice system will no longer be a holding ground for foreign citizens who have committed crimes.
Source@BBC