Policy paper

Sentencing Bill: foreign national offenders factsheet

Updated 27 November 2025

Background 

This Government inherited a prison system in crisis, putting the public at grave risk. Prisons were on the brink of collapse, with capacity dangerously close to being exceeded. Although we are building prisons at an exceptional rate, we cannot simply build our way out of this crisis. Without significant reform, demand for places will outstrip supply by 9,500 in early 2028. That is why we commissioned the Independent Sentencing Review, led by David Gauke, to ensure no Government ever finds itself in this position again. The Sentencing Bill implements many of the Review’s recommendations to reduce reoffending, protect victims, and restore public confidence in the justice system.

The Independent Sentencing Review (ISR) recommended facilitating earlier removal of Foreign National Offenders (FNOs). The ISR assessed deportation is in itself a significant punishment, and it is beneficial to deport FNOs as early as possible into their sentence to protect the public, reduce pressures on prison capacity and mitigate the associated expense to the taxpayer.

There were 10,772 FNOs in prison on 30 June 2025, representing 12% of the total prison population. 3,781 of these are on remand and not eligible for deportation. In the last 12 months, over 5,000 FNOs have been returned which is 14% higher than in the same period 12 months prior. Of these returns, over 2,500 were Early Removal Scheme returns.

This Sentencing Bill measure will allow FNOs in prison to be eligible for removal for the purpose of immediate deportation at any point after sentencing, allowing for deportations to happen earlier.

Summary of measures

We will amend provisions underpinning the Early Removal Scheme to allow eligible FNOs to be removed from prison for the purposes of immediate deportation any time after sentence.

We will extend the duty to deport to FNOs given a suspended sentence of 12 months or more.

What are we going to do?

• Enable eligible Foreign National Offenders (FNOs) to be removed from prison for the purposes of immediate deportation at any point in their sentence.

• Extend the duty to deport to FNOs given a suspended sentence of 12 months or more and consider for deportation all FNOs given suspended sentences.

How are we going to do it?

• The Sentencing Bill amends section 260 of the Criminal Justice Act 2003 to remove the requirement that an offender serve a minimum pre-removal custodial period and provides that there will be no maximum period before the end of a sentence in which an eligible offender can be removed. This means that an FNO to whom this section applies can be removed for the purposes of immediate deportation any time after sentence.

• The Bill amends the UK Borders Act 2007 to extend the duty to deport to FNOs given a suspended sentence of 12 months or more. It also amends the definitions “of a ‘foreign criminal’ in Part 5A of the Nationality, Immigration and Asylum Act 2002 to reflect the same.

Background information

Current powers to remove FNOs early from prison

• Sections 260 and 261 of the Criminal Justice Act 2003 introduced the Early Removal Scheme which allows for determinate sentenced prisoners liable for removal from the UK to be removed from prison before the end of the custodial part of their sentence for the purpose of immediate deportation, subject to serving a minimum custodial period. Currently FNOs who are eligible for the scheme can be removed up to 18 months before the earliest release point of their sentence, subject to having served half the requisite custodial period of their sentence. FNOs are not subject to further imprisonment after removal from the UK but are barred from ever returning to the UK and if they do, they will be liable to serve the rest of their sentence from the point they were deported.

• A Statutory Instrument (the Criminal Justice Act 2003 (Removal of prisoners for deportation) Order 2025) was laid on 25 June 2025 to give effect to the Independent Sentencing Review recommendation to reduce the custodial term requirement to 30% and also to increase the maximum window to 48 months. This is due to commence on 23 September 2025. Primary legislation was needed to go further, removing the custodial term requirement so FNOs are eligible for removal from prison at any time after sentencing.

• Offenders serving a terrorism or terrorism-connected offence are excluded from removal under ERS. The scheme is also discretionary – early removal can be refused by HMPPS in certain circumstances, for example if there is serious evidence an offender is planning further crime.

Current FNO removal rates from prison

• Of the total returns between 5 July 2024 and 4 July 2025 5,179 were of FNOs. This is an increase of 14% compared to the 4,532 FNO returns in the same period 12 months prior (FNO returns include both enforced and voluntary returns). Enforced returns involve administrative removal or deportation action which is carried out by the Home Office. Voluntary returns involve individuals who were liable to removal action or subject to immigration control but have left of their own accord, sometimes with support from the Home Office.

• Within the FNO returns, there have been 2,632 early removal scheme (ERS) returns, which is a 10% increase compared to the 2,385 in the same period 12 months prior

Scope of the new FNO removal measures

• Through the Sentencing Bill, we are amending section 260 of the Criminal Justice Act 2003 to remove the requirement an eligible offender serve a minimum pre-removal custodial period and provides that there be no maximum removal period before they can be removed. This means an eligible FNO can be removed from prison for the purposes of immediate deportation any time after sentence.

• This will ensure eligible FNOs are removed sooner which will reduce the demand for prison places.

• This builds on the Independent Sentencing Review recommendation to “facilitate earlier removal of FNOs” to mitigate prison capacity pressures and show that deportation itself constitutes the main form of punishment for criminality.

The removal process and re-entering the UK

• This measure will mean that once sentenced, eligible offenders can be removed from prison for the purpose of immediate deportation. Once deported, offenders will be barred from ever returning to the UK, keeping victims and the wider public safe.

Victim support after early removal

• Victim Liaison Officers are responsible for notifying victims who are eligible for and have opted into the Victim Contact Scheme, about an offender’s removal under the Early Removal Scheme.
• Victims who are not eligible for the Victim Contact Scheme or have opted out of the Victim Contact Scheme but meet the criteria set out in the Code of Practice for Victims of Crime have the right to ask for updates regarding the immigration case of the FNO directly from the Home Office’s Victim Support Team.

ECHR claims submitted during the removal process

• The Government is already looking at tightening the application of Article 8 of the ECHR to ensure our immigration rules are respected, as the legislation intended.

Asylum claims submitted during the removal process

• We are working to deliver tough reforms to the asylum system, through the Border Security, Asylum and Immigration Bill and the “Restoring Control over the Immigration System” White Paper published in May 2025.

• FNO Specialists in prisons will also work with the Home Office to prioritise asylum decisions for FNOs.

Notification to other countries of early removal

• We work closely with partner countries to share information, where appropriate, on individuals of interest, to keep our citizens safe.

Current deportation powers

• Any foreign national who is convicted of a crime and given a prison sentence is considered for deportation at the earliest opportunity.  Under the UK Borders Act 2007, a deportation order must be made where a foreign national has been convicted of an offence in the UK and received a custodial sentence of at least 12 months.  This is subject to several exceptions, including where to do so would breach a person’s ECHR rights or the UK’s obligations under the Refugee Convention.  Where the threshold for deportation in the UK Borders Act 2007 is not met,  deportation can be pursued on the ground it is conducive to the public good under the Immigration Act 1971 including for example where a foreign national is convicted of an offence that has caused serious harm, is a persistent offender or if they pose a threat to national security.

What will change?

• Any foreign national given a suspended sentence will be routinely considered for deportation.  Where a suspended sentence of 12 months or more is given, a deportation order must be made unless one of the statutory exceptions applies.