Foreign criminals should be deported immediately or after serving just a fraction of their sentences to free up space in jails, a Labour review will urge this week..
An existing ‘early removal scheme’ which allows foreign national offenders to be deported after serving 50 per cent of their sentence should be brought forward to the 30 per cent point, the official report will recommend.
Combined with the effects of an additional early release scheme launched by Justice Secretary Shabana Mahmood last year, it means some foreign prisoners would serve just 12 per cent of the sentence handed down by the courts.
The review, led by for Labour by former Tory justice secretary David Gauke, will also say foreign offenders handed less than three years in jail should be subject to immediate deportation.
His recommendations, which are likely to be adopted by ministers, would save the taxpayer a multi-million pound annual bill for imprisoning foreign nationals, and create more headroom in overcrowded jails.
However, the review will not address how officials should overcome current hurdles to deportation such as the Human Rights Act, it is understood.
Mr Gauke said: ‘There is no place in our society for criminals who come to this country and break our laws, but it is clear the current system for deporting foreign criminals is not working – and the taxpayer is footing the bill.
Justice Secretary Shabana Mahmood, pictured on a visit to HMP Millsike near York earlier this year, commissioned a review last year which has said rules should be changed to allow foreign prisoners to be deported earlier
‘Those sentenced to custody for less than three years should expect to be immediately deported, and further changes should be made to the early removal scheme to enable the Home Office to remove foreign national offenders as quickly as possible.’
He added: ‘This will free up valuable space in prison, save the taxpayer money and ultimately protect the public.’
The review for Labour by former Tory justice secretary David Gauke said foreign prisoners should be deported after serving less of their sentence, or even immediately after sentencing
There are currently more than 10,000 foreign nationals in jail in England and Wales, making up 12 per cent of the total.
Under current laws, a deportation order must be made where a foreign offender has received a prison sentence of 12 months or more.
Those handed sentences under 12 months can be deported if they have caused serious harm, are persistent offenders or represent a threat to national security.
A spokesman for the independent review said the new proposals were likely to apply to criminals who have multiple domestic burglaries, assault, or some drug offences, for example.
The review will also recommend a review of legislation to give the Home Office stronger powers to remove foreign offenders ‘as quickly as possible’, they added.
Shabana Mahmood, pictured at HMP Millsike near York, commissioned the review last year to find longer-term solutions to the jail overcrowding crisis
Home Secretary Yvette Cooper has already begun separate work to look at the way Article 8 of the European Convention on Human Rights – the ‘right to private and family life’ – is deployed in immigration legal challenges, including deportation cases.
The existing early removal scheme came into operation in 2004.
It only applies to those serving a ‘determinate sentence’ – in other words, a specific period of time. Inmates sentenced to life are ineligible.
Anyone deported under the scheme is free upon arrival in their home country and is not required to serve any further jail time there.
Currently inmates can only be freed 18 months at the earliest before the end of their sentence but Mr Gauke’s review recommends extending it to a longer period.
Shadow Justice Secretary Robert Jenrick has repeatedly urged Labour to cut the number of foreign offenders in the jails.
However, the review’s proposals may cause consternation among victims’ groups because they would lead to some offenders serving very short sentences before being deported.
Ms Mahmood’s existing early release scheme – which allows most inmates to be freed after serving 40 per cent of their sentence – would work in tandem with Mr Gauke’s new proposals, it is understood.
It would mean some foreign offenders would serve just 12 per cent of their sentence.
For example, a criminal jailed for five years would serve just over seven months if they were eligible for both the early release scheme and the early removal scheme, as proposed in this week’s review.
It comes after Ms Mahmood unveiled new measures last week which mean most freed prisoners who are recalled to jail for breaching the terms of their release will serve just 28 days before being let out again.
The average cost of a jail place is nearly £54,000 a year.
The review is expected to be published later this week.
Labour’s law and order policies contrast sharply with most members of the public’s views, polling suggests.
Earlier this year an Ipsos survey found six out of 10 Britons believe prison sentences are not long enough, with 34 per cent saying they are ‘much too short’, and 26 per cent saying they were ‘a bit too short’.
