54. Memorandum submitted by
the Home Office
FOLLOW-UP
TO EVIDENCE
SESSION WITH
LIN HOMER,
MANDIE CAMPBELL
AND PHIL
WHEATLEY, 6 JUNE
2006
1. The number of bail applications and
hearings from foreign national criminals who had been released
without consideration for deportation but since detained, since
23 May 2006, categorised by seriousness of offence, with outcomes,
and whether or not they were defended by the Home Office. (Qq
958-967)
2. Latest information on the number of
foreign national prisoners released from prisons in Scotland and
Northern Ireland without consideration for deportation, and the
number of those since deported or removed. (Qq 976-982)
3. Latest information on the number of
foreign national criminals in special hospitals; the number released
without consideration for deportation, and the number of those
since deported or removed. (Qq 983-989)
4. The number of foreign national criminals
released without consideration for deportation whom it has now
been decided not to deport or remove. (Qq 1016-21)
QUESTION 1-4
As for questions 1 and 4, in accordance with
Lin Homer's letter of 9 June to John Denham, we are currently
working to urgently but thoroughly check the data relating to
the deportation of the 1,019 foreign national prisoners released
without due consideration of deportation and which have been covered
in statements to Parliament. We have agreed to provide the most
accurate data available by the end of June. As for questions 2
and 3, the Home Secretary's Written Ministerial Statement of 23
May identified Scotland and Northern Ireland and mentally disordered
offenders as two of the eight priority areas for change. Progress
is being made on the eight priority areas and we expect that this
will be reported shortly.
5. Further information on the number
of foreign national prisoners for whom you seek a deportation
or removal order now per year, what proportion this is of the
total considered for deportation/removal, and how many are then
actually deported/removed. (Q 1035)
We are currently validating data and will respond
to this question as part of the wider data set to be provided
by Lin Homer at the end of June.
6. The number of times refugee status
has been removed from foreign national criminals over the last
10 years. (Q 1037-1041)
Individuals may be, and are, excluded from protection
under the 1951 Convention by virtue of Articles 1F and 33(2).
Every effort is made to prevent foreign national criminals from
gaining asylum in the first place, so that the numbers where refugee
status has to be removed are minimal. No specific records are
kept on the number of times refugee status has been removed from
foreign national criminals over the last 10 years. However, internal
records indicate that Articles 1F and 33(2) were applied frequently
in recent years.
7. A copy of the revised interim guidance
on deportations/removals which reflect the Home Secretary's "concern
that we would exercise our discretion more in favour of the public
than the criminal". (Q 1052)
Interim Guidance Attached at annex A [not
printed].
8. Do all foreign prisoners automatically
have fingerprints taken? (Q 1055)
Prison Service Order 0500 makes it a mandatory
requirement for all prisoners within 24 hours of their arrival
in an establishment. Fingerprints are not taken for those held
in secure children homes. All persons arrested for an offence
are fingerprinted and these details are retained (an application
can be made for these to be removed if they are acquitted).
9. How many foreign nationals released
under the early release scheme in sections 259-262 of the Criminal
Justice Act 2003 have not been deported or removed? (Q1071)
Neither IND nor NOMS are aware of any cases
where individuals were released from prison early under the scheme
without being removed.
26 June 2006
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