Government Fast-Tracks Deportation of Foreign Prisoners to Ease Overcrowding

New rules aim to save taxpayer money and free up 500 prison places per year.

General view of HM Prison Durham in Durham, England, on Sept. 10, 2024. Owen Humphreys/PA Wire

A law change will see foreign prisoners deported sooner in a move to free up prison capacity amid an overcrowding crisis.

The government announced on Wednesday that foreign national offenders (FNOs) serving fixed-term sentences will face deportation 30 percent into their prison term rather than the current 50 percent.

The move comes amid a capacity crisis in the UK prison estate, where the current headroom is only 2,567 spaces.

Justice Secretary Shabana Mahmood said: “With prisons close to bursting, I’m clear we shouldn’t be giving bed and board to foreign criminals with no right to be here.

“These changes will get more of them on planes out of the country much sooner, saving taxpayers’ money and keeping our streets safe as part of our Plan for Change.

“This government’s message is crystal clear—if you come here and break our laws, you’ll be sent packing in record time.”

The government aims to boost its efforts to increase the number of deportations, which saw a 14 percent increase since July last year.

Changes will be made to the Early Removal Scheme, which was expanded in January 2024 to allow up to 18 months before the earliest release point for Foreign National Offenders (FNOs).

The removal window will now be extended from 18 to 48 months before the end of the custodial part of an offender’s sentence.

The scheme only applies to FNOs serving fixed-length sentences (not life or indeterminate sentences) and excludes those serving sentences for terror-related offences.

Cutting Costs

Under existing rules, any foreign national sentenced to 12 months or more in prison faces automatic deportation.

According to the Ministry of Justice, deported foreign national offenders are permanently banned from returning to the UK. If they do return, their original prison sentence will be immediately reactivated.

The new measures aim to save taxpayers millions and protect the British public, with the average prison place costing £54,000 a year.

According to government data, FNOs make up around 12 percent of the total prison population.

“Deporting them sooner is estimated to free up around 500 prison places per year,” the government said.

If approved by Parliament, the changes introduced by the government on Wednesday are expected to come into force by September.

Wider Sentencing Reform

The new measures are part of the recommendations by the Independent Sentencing Review, led by former justice secretary David Gauke.

The review, commissioned as a consequence of a prison estate capacity crisis, said that any changes should account for how long it takes the Home Office to deport FNOs, which is currently between three and six months.

The Independent Monitoring Board National Annual Report, released last week, flagged chronic overcrowding and severe staff shortages in UK prisons.

It also found that many facilities struggled with unsafe environments and inadequate regimes, prompting concerns about rehabilitation and rising reoffending.

Responding to the findings, senior policy and communication officer at the Prison Trust Reform, Alex Hewson, called for “lasting reform” as opposed to “emergency measures.”

“Now that the independent sentencing review has reported, we need decisive action to reduce overcrowding and expand the use of effective community sentences alongside proper investment in rehabilitation and resettlement.

“Only a long-term strategy focused on prevention and support will reduce crime and build safer communities for everyone,” he said.

The government has vowed to fix “the broken prison system” as part of its wider mission to deliver improvements for the public.

In December, the MoJ announced a £2.3 billion investment in prison builds over the next two years, with a target to open up 14,000 places by 2031.

Breakdown of the Nationalities

The Home Office has also committed to releasing a breakdown of the nationalities of FNOs awaiting deportation from the UK.

There are currently 18,982 individuals awaiting removal on these grounds, according to the latest figures.

Government sources anticipate that the data will highlight Albanians, Romanians, and Poles as the most represented nationalities among those awaiting deportation.

The most common offences are expected to include drug production and supply, various types of theft and robbery, and acts of violent assault.