Foreign criminals will face immediate deportation after receiving a custodial sentence, under new plans announced by the justice secretary.
Under the proposals, those who are given fixed-term sentences could be deported straight away and would be barred from re-entering the UK.
The decision over whether they go on to serve their sentences abroad would be up to the country they are sent to, the Ministry of Justice (MoJ) told the BBC. In theory, this means that some criminals may be able to walk free upon arrival in their destination country.
Foreign offenders make up around 12% percent of the prison population, with prison places costing £54,000 a year on average, according to the government.
It says the new powers would save money for British taxpayers and protect the public.
Those serving life sentences, such as terrorists and murderers, will serve their full prison sentence in the UK before being considered for deportation, it said.
Once a custodial sentence is handed down by a judge, the decision over whether someone will be deported will fall to a prison governor, the MoJ said.
Authorities would retain the power to keep criminals in custody if, for example, they were planning further crimes against the UK’s interests or were seen as a danger to national security.
The MoJ told the BBC that its definition of a foreign national is based on the conditions laid out in the Nationality, Immigration and Asylum Act.
If passed, the new powers could be applied to those already in prison, meaning the government could begin deportations immediately. As of January 2024, there were about 10,400 foreign nationals in the prison system.
Justice Secretary Shabana Mahmood said that foreign criminals would be sent “packing” if they “abuse our hospitality and break our laws”.
“This government is taking radical action to deport foreign criminals, as part of our Plan for Change. Deportations are up under this government, and with this new law they will happen earlier and faster than ever before,” she said.
Shadow justice secretary Robert Jenrick criticised the plans, warning that some countries may refuse to take in those who are deported.
“If countries won’t take back their nationals, Starmer should suspend visas and foreign aid. His soft-touch approach isn’t working,” he said.
The announcement comes after a tweak in the law in June, expected to come into force in September, meaning prisoners would face deportation 30% into their prison sentence rather than the current 50%.
The government will now need Parliament to greenlight its proposal to bring this down further to 0%.