Justice written question – answered on 29th April 2014.

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Photo of Philip Hollobone Philip Hollobone Conservative, Kettering

To ask the Secretary of State for Justice pursuant to the answer of 31 March 2014, Official Report, columns 532-3W, on prisoners: foreign nationals, what the main features of the Early Removal Scheme are; how many foreign national offenders were deported under this scheme in each of the last five years; and what the main features are of the Tariff Expired Removal scheme.

Photo of Jeremy Wright Jeremy Wright The Parliamentary Under-Secretary of State for Justice

Under the Early Removal scheme (ERS), Foreign National Offenders (FNOs) who are going to be deported or removed by Immigration Enforcement can be removed from prison and the UK up to a maximum of 270 days before their normal release date. This enables their removal earlier than would otherwise be possible, but only after a minimum of half the requisite custodial period has been served in prison in the UK.

The Tariff Expired Removal scheme (TERS) enables FNOs with life or indeterminate sentences to be removed from the UK using a deportation order once they have completed their minimum tariff period set by the sentencing court. Since its introduction in May 2012, 240 prisoners have been removed under this mechanism (as of April 17 2014).

Those removed subject to a deportation order cannot legally return to the UK. If they do come back in breach of their deportation order this is a criminal offence. They would also be liable to immediate arrest and return to prison to complete the outstanding part of the sentence they would have served had they not been removed early.

The numbers removed under ERS in each of the last four years are:

  ERS removals
2010 1741
2011 1672
2012 1974
2013 1968

We are unable to provide data for the 2009 period. Since 2010 the Home Office have used one system to report on their data. This was not in place in 2009 therefore figures arising from this period may be inconsistent.

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