Latest news with #foreigncriminals
Telegraph
03-06-2025
- Business
- Telegraph
Cooper to crack down on ECHR family asylum claims
Ministers are to restrict the powers of judges to grant asylum under the European Convention on Human Rights (ECHR), amid concerns that a third of cases are now being approved for 'exceptional' reasons. Yvette Cooper, the Home Secretary, told MPs that rejecting Home Office attempts to remove foreign criminals and illegal migrants in 30 per cent of cases was 'not exceptional'. She pledged that the Government would draw up a 'clear framework' for judges to ensure that their decisions on whether to allow migrants to stay in the UK better reflects 'what I think the public would want to see'. The move follows The Telegraph's disclosure of cases over the past four months in which judges have cited 'exceptional' reasons, largely under ECHR Article 8, which guarantees the right to family life, to block deportations of foreign criminals or illegal migrants. In one example, a Palestinian family of six from Gaza was granted the right to live in the UK after applying through a scheme meant for Ukrainian refugees. The judge claimed the Palestinians' case was so 'compelling or exceptional' that they had the right to a family life with a relative in the UK under the ECHR, even though it was outside the rules of the Ukrainian refugee scheme. In another case, a Pakistani man jailed for child sexual offences escaped deportation because it would be 'unduly harsh' on his children. A lower tier judge ruled that his 'exceptional' rehabilitation and 'strong family life' were compelling reasons not to remove him. 'The system around family migration has become so complex. The proportion of decisions being taken as exceptional, often under interpretations around the ECHR, around particularly Article 8, end up being about 30 per cent of the cases,' Ms Cooper told the Commons home affairs committee. 'That is not exceptional, that is a much broader proportion. That reflects some of the complexity of the system, and the way in which decisions have been based on a series of court decisions, as opposed to having a clear framework set out by Parliament that then can be much easier for the courts to interpret, and much more reflect what the public would want to see.' The Government is expected to introduce legislation to set out 'common sense' rules clarifying how judges interpret the ECHR and strengthen the public interest test for courts. Ms Cooper, however, rejected calls by some MPs to disapply the ECHR in immigration cases, saying it would hamper the UK's ability to negotiate with other EU countries when tackling people-smuggling gangs. 'Part of the way in which we have been able to build up that much stronger cooperation is also by saying we recognise we will continue to comply with international law,' she said. Ms Cooper also said the Government wanted everyone coming into the UK to have a digital ID so that they could be tracked and removed if they overstayed their visas. 'We are particularly looking at how we have digital ID for everyone coming to the UK,' she said. 'We want to have a digital service linked to e-visas and linked to our border management process, to be able to determine whether an individual is in or out of the UK, whether they have let at the point at which their visa expires or whether they are overstaying and immigration enforcement action is needed.' New deal Ms Cooper also said the Government 'would like to see' a new deal with the EU where migrants could be returned from the UK. It would replace the pre-Brexit Dublin Agreement, which allowed the UK to return migrants to EU countries through which they had passed and where they should have claimed asylum. She hinted that she was still pushing for extra money for the police in the spending review talks with Chancellor Rachel Reeves. 'We will always want more investment around policing and meeting the challenges they face. That includes challenges from the sentencing review, challenges from different patterns of crime as well,' she said.
Reuters
22-05-2025
- Politics
- Reuters
European leaders to ask EU for easier expulsion of foreign criminals
COPENHAGEN, May 22 (Reuters) - Nine European countries, led by Italy and Denmark, will on Thursday call on the European Union to make it simpler for member states to expel foreign criminals, according to a letter seen by Reuters. European governments have expressed frustration with how the European Court of Human Rights uses the European Convention on Human Rights to block deportations and they want to see it revised. The letter, which was prepared ahead of a meeting on Thursday between Italian Prime Minister Giorgia Meloni and Denmark's Mette Frederiksen, urges the EU to review how courts interpret the convention. "We have seen cases concerning the expulsion of criminal foreign nationals, where the interpretation of the Convention has resulted in the protection of the wrong people and posed too many limitations on the states' ability to decide whom to expel from their territories," the letter said. Member states should "have more room nationally to decide on when to expel criminal foreign nationals," it said. The letter was signed by the leaders of Denmark, Italy, Austria, Belgium, the Czech Republic, Estonia, Latvia, Lithuania and Poland. Meloni and Frederiksen are scheduled to hold a joint press conference in Rome on Thursday. Meloni's conservative bloc won power in 2022, vowing to crack down on migration. Denmark has introduced increasingly harsh immigration policies over the past decade.
Yahoo
19-05-2025
- Politics
- Yahoo
Foreign prisoners should be deported
Once more unto the breach, dear friends: foreign criminals will be deported 'as soon as operationally possible' after their conviction. A review led by David Gauke, the former Conservative justice secretary, recommends that the law should be changed to allow ministers to speedily deport 'Foreign National Offenders' (FNOs) serving up to three years, rather than waiting until they have served half of their custodial sentences. This sounds like an improvement on this especially egregious aspect of our broken criminal-justice system. At present, FNOs represent 12 per cent of all inmates in British prisons: a total of 10,800 prisoners, at an annual cost of £580 million. Any measure that brings down these alarming numbers is welcome. However, the review proposes that foreign criminals with longer sentences would still serve a third of their terms before deportation, while the most dangerous FNOs would only be deported after approval from the parole board. A reason for mild scepticism about such proposals is that the human rights lawyers who dominate the legal system are disinclined to follow public opinion. Polls have long indicated that the vast majority of people want FNOs kicked out of the country as soon as possible. Yet successive governments have failed to solve the problem and the numbers keep rising. Admittedly, the Prime Minister has lately undergone something of a Damascene conversion over immigration. It may be that the former DPP is about to reinvent himself as a hardliner on law and order. Miracles will never even if a new, draconian Sir Keir does indeed promise a crackdown on foreign criminals, the devil will be in the detail. The Gauke review suggests that deported FNOs who sneak back into the UK would be 'immediately jailed'. How easy would such a cat-and-mouse game be in practice? Broaden your horizons with award-winning British journalism. Try The Telegraph free for 1 month with unlimited access to our award-winning website, exclusive app, money-saving offers and more.
Telegraph
19-05-2025
- Politics
- Telegraph
Foreign criminals to be deported as soon as they are convicted
Foreign offenders jailed for crimes in the UK will be deported as soon as they are convicted in a bid to tackle prison overcrowding. Burglars, drug dealers and offenders convicted of assault who have been sentenced to under three years in prison will be removed from the UK as 'soon as operationally possible' rather than serve their time in Britain as is currently the case. The proposals will be revealed this week by the Government's independent review on sentencing. The review has recommended scrapping the current law which says ministers can only deport foreign criminals after they have served half of the custodial part of their sentence. This means a burglar jailed for three years can, at present, only be deported after serving just over seven months in jail – a fifth of their sentence. David Gauke, the former Tory justice secretary, who is heading the review, has also recommended giving ministers powers for earlier deportations of foreign criminals jailed for more than three years. There are 10,800 foreign prisoners – one in eight of all inmates – which costs taxpayers £580 million a year. Under the changes, the Government would be able to remove them after they had served just 30 per cent of the custodial part of their sentence rather than 50 per cent. This would mean a major drug dealer jailed for 12 years could be deported within two years, or just 12 per cent of the way through their overall sentence. Under the early removal scheme, deported foreign criminals do not have to serve any more prison time after they are returned to their home countries. But, if they sneak back into the UK and are caught, they will be immediately jailed and forced to finish their uncompleted sentence in a British prison. It is understood that Mr Gauke's recommendations on Foreign National Offenders (FNOs) will be accepted by Shabana Mahmood, the Justice Secretary. She believes it will have widespread support based on polls which showed it was the top choice of the public for tackling the jail overcrowding crisis. The move will also blunt one of the main demands by the Tories who have called for the deportation of all foreign prisoners rather than any more early release schemes or 'soft justice' plans. Mr Gauke said: 'There is no place in our society for criminals who come to this country and break our laws, but it is clear the current system for deporting foreign criminals is not working – and the taxpayer is footing the bill. 'Those sentenced to custody for less than three years should expect to be immediately deported, and further changes should be made to the early removal scheme to enable the Home Office to remove FNOs as quickly as possible. This will free up valuable space in prison, save the taxpayer money and ultimately protect the public.' A YouGov poll of 2,300 adults found 82 per cent backed releasing foreign offenders early so they could be deported as a way to boost prison capacity. This was ahead of the 80 per cent who backed building more jails and 62 per cent who supported allowing low-risk offenders to be held under house arrest instead of prison. Murderers, terrorists and rapists would not be automatically eligible for deportation but would be subject to the parole board deciding whether they were safe to be removed. The Ministry of Justice has negotiated separate prisoner transfer arrangements with countries such as Albania, where dangerous criminals can be deported to serve the remainder of their sentences in jails in their home countries. Running out of prison cells The review will urge the Home Office to look into laws to ensure it has powers to deport foreign criminals as quickly as possible. It is already changing the law to make it easier to deport any foreign sex offenders and to introduce curbs on judges' powers to allow overseas criminals to remain in the UK on human rights grounds. Any foreign national jailed for more than a year faces automatic deportation. Those imprisoned for under a year can also be removed if they have caused serious harm, are persistent offenders, or represent a threat to national security. The sentencing review aims to enable the Government to avoid running out of prison cells, with forecasts that it will be 9,500 spaces short by Spring 202, even with its £4.7 billion prison building programme. Other measures to be recommended include earlier releases for prisoners who behave well, a presumption against sending criminals to jail for under one year and greater use of community punishments with a major expansion of electronic tagging to create digital 'prisons outside of prisons'.
Daily Mail
18-05-2025
- Politics
- Daily Mail
Foreign prisoners should be deported much sooner - or even IMMEDIATELY - to free up space in overcrowded jails, says Labour review
Foreign criminals should be deported immediately or after serving just a fraction of their sentences to free up space in jails, a Labour review will urge this week.. An existing 'early removal scheme' which allows foreign national offenders to be deported after serving 50 per cent of their sentence should be brought forward to the 30 per cent point, the official report will recommend. Combined with the effects of an additional early release scheme launched by Justice Secretary Shabana Mahmood last year, it means some foreign prisoners would serve just 12 per cent of the sentence handed down by the courts. The review, led by for Labour by former Tory justice secretary David Gauke, will also say foreign offenders handed less than three years in jail should be subject to immediate deportation. His recommendations, which are likely to be adopted by ministers, would save the taxpayer a multi-million pound annual bill for imprisoning foreign nationals, and create more headroom in overcrowded jails. However, the review will not address how officials should overcome current hurdles to deportation such as the Human Rights Act, it is understood. Mr Gauke said: 'There is no place in our society for criminals who come to this country and break our laws, but it is clear the current system for deporting foreign criminals is not working - and the taxpayer is footing the bill. 'Those sentenced to custody for less than three years should expect to be immediately deported, and further changes should be made to the early removal scheme to enable the Home Office to remove foreign national offenders as quickly as possible.' He added: 'This will free up valuable space in prison, save the taxpayer money and ultimately protect the public.' There are currently more than 10,000 foreign nationals in jail in England and Wales, making up 12 per cent of the total. Under current laws, a deportation order must be made where a foreign offender has received a prison sentence of 12 months or more. Those handed sentences under 12 months can be deported if they have caused serious harm, are persistent offenders or represent a threat to national security. A spokesman for the independent review said the new proposals were likely to apply to criminals who have multiple domestic burglaries, assault, or some drug offences, for example. The review will also recommend a review of legislation to give the Home Office stronger powers to remove foreign offenders 'as quickly as possible', they added. Home Secretary Yvette Cooper has already begun separate work to look at the way Article 8 of the European Convention on Human Rights – the 'right to private and family life' – is deployed in immigration legal challenges, including deportation cases. The existing early removal scheme came into operation in 2004. It only applies to those serving a 'determinate sentence' – in other words, a specific period of time. Inmates sentenced to life are ineligible. Anyone deported under the scheme is free upon arrival in their home country and is not required to serve any further jail time there. Currently inmates can only be freed 18 months at the earliest before the end of their sentence but Mr Gauke's review recommends extending it to a longer period. Shadow Justice Secretary Robert Jenrick has repeatedly urged Labour to cut the number of foreign offenders in the jails. However, the review's proposals may cause consternation among victims' groups because they would lead to some offenders serving very short sentences before being deported. Ms Mahmood's existing early release scheme - which allows most inmates to be freed after serving 40 per cent of their sentence - would work in tandem with Mr Gauke's new proposals, it is understood. It would mean some foreign offenders would serve just 12 per cent of their sentence. For example, a criminal jailed for five years would serve just over seven months if they were eligible for both the early release scheme and the early removal scheme, as proposed in this week's review. It comes after Ms Mahmood unveiled new measures last week which mean most freed prisoners who are recalled to jail for breaching the terms of their release will serve just 28 days before being let out again. The average cost of a jail place is nearly £54,000 a year. The review is expected to be published later this week. Labour's law and order policies contrast sharply with most members of the public's views, polling suggests. Earlier this year an Ipsos survey found six out of 10 Britons believe prison sentences are not long enough, with 34 per cent saying they are 'much too short', and 26 per cent saying they were 'a bit too short'.
