Explanatory note

This Order amends section 260 of the Criminal Justice Act 2003 (c. 44) (“the 2003 Act”).

Sections 260 and 261 of the 2003 Act allow for the removal of foreign nationals serving a determinate sentence from prison for the purposes of deportation from the UK. As currently drafted, section 260(2) provides that the Secretary of State may remove from prison an eligible fixed-term prisoner up to 545 days (18 months) before their automatic release point once they have served at least half of the custodial part of their sentence (the current minimum pre-removal custodial period). Both the percentage that needs to be served before removal and the period in which an offender can be removed are being amended by this Statutory Instrument.

This Order increases the maximum removal period in section 260 by substituting a reference to thirty percent, in place of the previous reference to one half and a reference to 4 years, in place of the previous reference to 545 days. This means that the pre-removal custodial period is now the later date of a) 30% of the requisite custodial period or b) 4 years before the end of the requisite custodial period.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.