New Proposals Announced For Foreign Nationals and Immediate Deportation For Those Convicted of Crimes

Is Government’s Proposals to Deport Foreign Nationals Upon Sentencing Practical?

The UK government has announced plans to allow immediate deportation of foreign nationals once a custodial sentence is imposed.

Under the proposals, offenders who are not serving life sentences could be removed from the country immediately after sentencing, bypassing the current requirement to serve a portion of their prison term in the UK.

As criminal defence solicitors, for us, this proposal raises important legal and human rights concerns, as well as questions about international cooperation and fairness in the justice system.

What the New Powers Mean

Under the plans, once a judge imposes a custodial sentence, the decision on whether the individual is deported will fall to the prison governor. Those deported could be barred from returning to the UK and, depending on the receiving country’s laws, may walk free upon arrival.

Life-sentence prisoners – such as those convicted of terrorism or murder – would still serve their sentence in full in the UK before being considered for deportation.

Key Concerns from a Defence Perspective

While the Ministry of Justice says the new approach would save taxpayer money and protect the public, there are serious issues that need to be addressed:

• Fair Trial and Appeal Rights: Immediate deportation may make it harder for individuals to access UK legal representation during appeals or sentence challenges.
• International Compliance: Not all countries will agree to accept their nationals back, raising the risk of prolonged detention or diplomatic disputes.
• Human Rights Obligations: Deportation must comply with the UK’s obligations under the European Convention on Human Rights, particularly where individuals may face persecution or inhumane treatment abroad.
• Impact on Rehabilitation: Removing offenders immediately could cut short rehabilitation programmes that reduce reoffending risk.

Possible Retrospective Application

The government has indicated these powers could be applied to those already in prison — meaning deportations could begin as soon as Parliament approves the legislation.

With around 10,400 foreign nationals in custody as of January 2024, the policy could have an immediate and wide-reaching impact.

Political Reactions

Justice Secretary Shabana Mahmood described the policy as sending foreign offenders “packing” if they abuse UK hospitality.

The opposition has raised doubts, with Shadow Justice Secretary Robert Jenrick warning that some nations may refuse to take back their citizens, whilst calling for visa suspensions or foreign aid cuts in such cases.

Considerations from a Criminal Defense Perspective

While efficiency in the justice system is important, due process must never be compromised. Immediate deportation without proper safeguards risks undermining the right to a fair hearing and could expose individuals to harm abroad.

As defence solicitors, we will be watching closely to ensure that any such powers are applied lawfully, proportionately, and with full respect for individual rights.

Until clear guidance, procedural safeguards, and international agreements are in place, the potential for injustice remains high.

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