Foreign National Offenders in detention and leaving detention
Published 28 February 2013
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This publication is available at https://www.gov.uk/government/statistics/foreign-national-offenders-in-detention-and-leaving-detention/foreign-national-offenders-in-detention-and-leaving-detention
This briefing has been published alongside Immigration Statistics October - December 2012 to provide detailed information in addition to the quarterly briefing on detention. The ‘short article’ is intended as additional in-depth analysis to assist users of migration data in understanding our figures but is not integral to the quarterly release. All comparisons highlighted in the text are statistically significant. We would welcome any comments on this analysis, or suggestions for any other supplementary analyses, to MigrationStatsEnquiries@homeoffice.gov.uk.
1. Introduction
The figures in this short article are for foreign national offenders (FNOs) leaving detention in the period from April to September 2012 or for those in detention as at 30 September 2012. They relate solely to those detained under Immigration Act powers, at immigration removal centres, short-term holding facilities and pre-departure accommodation only, and exclude those held in prisons under Immigration Act powers.
An FNO is someone who: (a) is not a British citizen; and (b) has been remanded in custody, convicted and given a custodial sentence in the UK for any offence. An FNO can be convicted and have served their sentence while on remand, so would not necessarily have been sent to prison.
2. Summary
The data on FNOs leaving and in immigration detention show that, statistically, they have significantly different characteristics to others detained under Immigration Act powers (“non-FNOs”).
They are more likely to be detained for a shorter (for three days or less) or longer (four months or more) time period and they are also more likely to be male and to have not claimed asylum.
3. FNOs leaving detention, between 1 April and 30 September 2012
Of the 14,214 people leaving detention in the six months between 1 April and 30 September 2012, 2,044 (14%) were FNOs.
Of the 2,044 FNOs leaving, 94% were male compared with 83% of non-FNOs; 25% had claimed asylum at some point compared with 51% of non-FNOs; 76% were removed compared with 58% of non-FNOs and 15% were bailed compared with 5% of non-FNOs.
Of the 2,044 FNOs leaving detention, 1,377 (67%) had been in detention for less than 29 days, 145 (7%) for between 29 days and two months, 159 (8%) for between two and four months, 223 (11%) for between four and 12 months and 140 (7%) for 12 months or more. This differs statistically from the profile for non-FNOs leaving detention (as seen in the chart below).
3.1 Length of detention (grouped) of people leaving detention, between 1 April and 30 September 2012
Chart notes
Primary source: Home Office, Immigration Statistics October-December 2012, Table dt.05.q and additional information that indicates if a detainee is a FNO.
Of the 140 FNOs detained for 12 months or more, 52 (37%) were removed, 37 (26%) were granted temporary admission or release, 44 (31%) were bailed and seven (5%) left for other reasons. There were 23 non-FNOs detained for 12 months or more, of which 13 (57%) were removed, five (22%) were bailed and five (22%) were granted temporary admission or release. Unlike when comparing all FNOs against all non-FNOs, FNOs who are detained for at least a year are statistically just as likely to be removed or bailed as non-FNOs.
UKBA detains FNOs with a view to removing them from the UK. Removal can be delayed through the use of judicial challenges or if the individual fails to comply with the re-documentation process. The FNO may be granted bail or leave to remain for a number of reasons, including if they are assessed as being of low risk or can prove they have a right to a family life. Those with a longer history of residence in the UK may be more likely to have gained a right to a family life than those who are more recent migrants.
4. FNOs in detention as at 30 September 2012
Of the 3,091 people in detention as at 30 September 2012, 828 (27%) were FNOs.
Of the 828 FNOs in detention, 94% were male compared with 88% of non-FNOs; 41% had claimed asylum at some point compared with 61% of non-FNOs.
Over half (58%) of FNOs had been in detention for longer than three months, significantly different to 18% of non-FNOs.
4.1 Length of detention (grouped) of people in detention, as at 30 September 2012
Chart notes
Primary source: Home Office, Immigration Statistics October-December 2012, Table dt.09.q
5. About the figures
All data in this briefing are expected to be a subset of the data in the Detention tables Volume 1 and Detention tables Volume 2 until 28 August 2013, at which point data in the detention tables may be subject to revision.
The figures are “Official Statistics” and are drawn from the Home Office’s administrative systems and have not necessarily been subject to the same detailed verification processes as those badged as National Statistics. Further information on Official Statistics may be found in the User Guide.
Overall, the data quality for this short article is considered to be sufficiently high for publication but the data are not designated as National Statistics. The data are administrative counts of the UK Border Agency’s (UKBA’s) detention bed occupancy allocation and criminal casework on UKBA’s administrative database. A sampling exercise of the FNOs leaving detention dataset was conducted to ascertain that the cases met FNO criteria and the full sample was accurate; the sample taken was: 5% of removed, 10% of bailed, 10% of granted TA/TR, all granted LTE/LTR and all leaving for other reasons, a total of 143 cases (7%) out of 2044.
Statistical testing for independence between the FNO and non-FNO groups has been carried out on all the stated comparisons, where the size of expected group is at least five, using a pearson chi-square test with a p-value of 0.05. Where the size of the expected group is less than five, two or more groups have been aggregated to allow for testing. These tests show that the comparisons made above are all statistically significant. The data on FNOs leaving and in immigration detention have different characteristics to those detained under Immigration Act powers (non-FNOs).
Home Office policy is to not disclose the nationalities of foreign national offenders as this could jeopardise UK diplomatic relations, and therefore analysis has not been made on countries of nationality.
Further information on people in detention may be found in the ‘Detention’ topic.
6. Other related data
UKBA produces figures for “criteria FNOs” who have completed their custodial sentence and are now the sole responsibility of the UK Border Agency. These figures differ from those produced by Migration Statistics and include those who have been detained solely under Immigration Act powers in prisons, Foreign national offenders.