Offenders: Deportation

Home Department written question – answered on 13th May 2014.

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Photo of Sadiq Khan Sadiq Khan Shadow Minister (London), Shadow Lord Chancellor and Shadow Secretary of State for Justice, Shadow Lord Chancellor and Shadow Secretary of State for Justice

To ask the Secretary of State for the Home Department what the average length of time spent in prison awaiting deportation for those foreign national prisoners beyond the end of their sentence was in the latest period for which figures are available.

Photo of James Brokenshire James Brokenshire Minister of State (Home Office) (Security and Immigration)

The average length of time foreign national offenders (FNOs) were held in prison beyond the end of their sentence pending deportation, as of 31 December 2013 is 234 calendar days. This is the mean average, calculated using the table shown which was provided in response to PQ 195817.

It should be noted that the small number of FNOs who fall in the 24 to 60 and 60+ months categories (45 individuals out of 850) heavily skew the mean. By way of context, the modal average length of time in prison for the same cases is 32 days.

Time held beyond end of sentence Total
0-1 month 110
1-2 months 110
2-6 months 285
6-12 months 200
12-24 months 100
24-60 months 35
60+ months 10
Grand Total 850
Notes: 1. All figures quoted have been derived from management information and are therefore provisional and subject to change. This information has not been quality assured under National Statistics protocols. 2. Figures relate to main applicants only. 3. Figures relate to FNO cases who met the criteria for deportation only. 4. Figures rounded to the nearest 5 ( - = 0, * = 1 or 2) and may not sum to the totals shown because of independent rounding. 5. Data are a snapshot of individuals detained in prison on 31 December 2013.

We make every effort to ensure that a person’s removal by deportation coincides, as far as possible, with his/her release from prison on completion of sentence. Where a detainee refuses to cooperate with the removal or deportation process, detention may be prolonged.

The Immigration Bill will have a significant impact on the ability of FNOs to delay removal by mounting legal challenges while in the UK. The current appeals system means that 17 different types of decision can be appealed. The Immigration Bill will simplify the appeals system and mean that appeals can only be brought where the Home Office has refused a protection (asylum or humanitarian protection) claim, a human rights claim or a claim based on EU free movement rights. It will also give us the power to certify that where deportation will not cause serious irreversible harm, the appeal will be heard after the FNO has left the country.

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