Foreign nationals convicted of crimes in England and Wales could face immediate deportation under new government plans aimed at reducing the prison population and cutting costs.
The proposals, unveiled by Justice Secretary Shabana Mahmood, would allow foreign offenders who receive fixed-term prison sentences to be deported as soon as their sentence is handed down. They would also be barred from re-entering the UK.
Under the scheme, once a judge issues a custodial sentence, the decision to deport would rest with the prison governor. The Ministry of Justice (MoJ) said it would then be up to the offender’s home country to determine whether they serve their sentence abroad. In some cases, this could mean criminals are released upon arrival if their country chooses not to detain them.
The government estimates that foreign offenders make up around 12% of the prison population—about 10,400 inmates as of January 2024. With the average prison place costing £54,000 a year, ministers argue the new measures would save money for taxpayers while protecting the public.
However, those serving life sentences, including terrorists and murderers, would still serve their full term in the UK before any deportation is considered. Authorities would also retain the power to keep individuals in custody if they were deemed a threat to national security or suspected of planning further crimes in the UK.
The MoJ confirmed that the definition of a foreign national for these purposes is drawn from the Nationality, Immigration and Asylum Act. If approved by Parliament, the powers could be applied retrospectively, enabling the government to begin deportations immediately for some current inmates.
Justice Secretary Mahmood defended the policy, saying: “If you abuse our hospitality and break our laws, you will be sent packing. 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 and faster than ever before.”
But the plans have faced criticism from opposition parties. Shadow justice secretary Robert Jenrick warned that the strategy could falter if other countries refuse to take back their nationals. “If countries won’t take back their nationals, Starmer should suspend visas and foreign aid. His soft-touch approach isn’t working,” Jenrick said.
The announcement follows a legal change made in June, due to come into force in September, which will reduce the point at which prisoners face deportation from halfway through their sentence to 30%. The latest proposal seeks to bring this threshold down to zero, allowing immediate removal upon sentencing.
