Foreign prisoners to be deported earlier under law change

Ministers are introducing a law change to deport foreign inmates at an earlier point in their sentence in a bid to free up prison space.

Fresh legislation is set to be laid in Parliament on Wednesday as the Government grapples with jail overcrowding.

The move will apply to foreign criminals subject to the early removal scheme, when prisoners are serving fixed-term sentences.

It will mean prisoners with no right to stay in the UK could be deported after serving 30% of their sentence, instead of 50% currently.

Those serving sentences for terror-related offences are excluded from the scheme.

According to the Ministry of Justice, foreign offenders make up around 12% of the prison population and removing them from the country earlier could free up around 500 jail cells a year.

A prison place costs on average £54,000, the department added.

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 window to deport foreign nationals from 18 months before the end of their jail term has also been increased to 48 months.

Once deported, offenders are banned from re-entering the UK and any attempt to return will re-activate their original prison sentence.

The move comes after the Government agreed to implement a raft of reforms following an independent sentencing review by former justice secretary David Gauke.

The new legislative measures were among the recommendations.

Criminals could also be eligible for deportation earlier after sentencing reforms yet to be introduced into legislation.

The changes being introduced on Wednesday, if approved by Parliament, are expected to come into force by September.

Published: 25/06/2025 by Radio NewsHub