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Government policy is to deport foreign nationals where their presence in the United Kingdom is not conducive to the public good. The power to deport a person on the grounds that their presence in the UK is not conducive to the public good is provided by S3(5) of the Immigration Act 1971. S3(6)of the Immigration Act 1971 gave the courts the power to recommend the deportation of foreign national prisoners. These powers came into force on
The policy to remove foreign nationals who are liable to deportation dates from then. Although it has not been explicitly stated that we remove foreign national prisoners on completion of their sentence, as a matter of practice we aim to remove foreign national offenders at the earliest opportunity. Under the terms of the Early Removal Scheme, which was introduced by the Criminal Justice Act 2003, foreign national prisoners serving fixed term sentences can be removed from prison and the country up to a maximum of 270 days before the half-way point of sentence. In 2010-11 43% of removals of foreign national offenders (FNOs) who met the deportation criteria took place during the early removal period.
More generally we are improving performance by starting earlier, maximising Facilitated Returns Scheme, working with foreign governments, improving compliance and embedding staff in prisons ensuring that contact is made with FNOs where staff are embedded, within five days of their arrival.