Letter from the Home Secretary to the
Chairman of the Committee
During the Public Accounts Committee hearing
on 26 October (Returning failed asylum applicants), the
Home Office was asked to provide the Committee with a note on
the number of criminals who are failed asylum seekers and are
then released from prisoner: how many there are, where they are,
what type of crime they have committed, what sentences they were
given and how long they served.
In answer to this question the Home Office provided
a supplementary memorandum and reported that between 2001 and
August 2005, 403 foreign national prisoners (FNP) completed their
sentences and were released from prison without consideration
being given to deportation. The figure provided related only to
those prisoners who were referred to the Immigration and Nationality
Directorate (IND) by the Prison Service.
At the time the Home Office reported that it was
not possible to provide information on where these released criminals
were. However, it is now clear that due to an oversight the department
did not answer or explain why they failed to answer the specific
questions raised by Richard Bacon (to provide a breakdown of how
many of these were failed asylum seekers, what types of crimes
they had committed, what sentences they were given or how long
they had served). This is regrettable and I apologise for this.
Having undertaken thorough, intensive investigation
and data cleansing over the last few weeks we now know that the
figure we should have reported, covering that period 2001-05,
should have been 609. I am sorry that the department has previously
provided incomplete information.
We have checked back through all records and can
now report that between February 1999 (when records began) and
March 2006 a total of 1,023 prisoners were referred to IND for
deportation action completed their custodial sentences and were
released from prison without consideration of deportation, removal
or other action before their release. Of the 1,023, 24 were released
in the period 1999 to 2001 and 288 in the August 2005 to March
2006 period. There is an additional 123 cases where the release
date is still being identified.
This increase from 403 to 1,023 reflects an analysis
last month to determine the full extent of the issue. I am reporting
this figure, for this longer period, so as to provide the fullest
account of the issue. The team dedicated to processing these cases
may well and indeed should affect this figure (probably downwards)
once, amongst other things, improved contact is made with these
released prisoners, and indeed consideration of these cases is
already underway.
The absence of deportation consideration before completion
of custodial sentence and release reflects the imperfect systems
which have existed for dealing with foreign national prisoners.
The ability now to report the full extent of the issue reflects
the strengthening of this area of business. That strengthening
is not yet complete and so there is a remote possibility of more
cases coming to light as further work is undertaken.
We are undertaking detailed profiling of all 1,023
cases. I have enclosed with this letter tables (Ev 22 to Ev 23)
which indicate the offences committed by those released but not
considered for deportation, how many of those were failed asylum
seekers and what sentences they were given. We are working with
police and probation services to conclude the casework on these
people.
The Immigration and Nationality Directorate has been
proactive in dealing with these cases and 107 of the 1,023 have
had their cases considered, leading to 20 departures.
Over the course of the last year we have been making
significant improvements to the system for identifying, referring
and caseworking foreign national prisoners to ensure that we are
creating a system to handle this group effectively. We are increasing
resources in this area to allow us to continue improving our performance
and to commence deportation proceedings 12 months before targeted
prisoners are due for release, which is the earliest point at
which case law currently allow for consideration to commence.
This should ensure that the majority of suitable prisoners are
removed from the country at the appropriate point of their sentence.
During 2004 and 2005 we considered approximately 5,500 cases of
FNPs on release and deported approximately 3,000.
IND is also working up proposals with the Prison
Service to place Immigration Service staff in key local prisons
and to train and equip prison staff elsewhere to create a system
whereby we can be confident that every foreign national prisoner
will be identified as such as early as possible.
I will be making a written statement to Parliament
on this subject today.
This letter is copied to Mr Richard Bacon who wrote
to Sir David Normington on 20 March on this issue.
Rt Hon Charles Clarke MP
Home Secretary
25 April 2006
Breakdown of offences committed by Foreign
National Prisoners released between February 1999 and March 2006
without deportation action being considered
| Offence | Count
|
| ABH/GBH | 54 |
| Arson | 4 |
| Assisting/facilitating illegal entry | 16
|
| Burglary | 41 |
| Conspiracy | 6 |
| Customs (other) | 6 |
| Deception | 66 |
| Driving offences | 5 |
| Drugs—importation | 20
|
| Drugs—supply | 62 |
| Drugs—possession | 95
|
| Drugs—other | 27 |
| False imprisonment | 3 |
| False instrument | 85 |
| Fraud | 33 |
| Immigration (other) | 12 |
| Indecent assault | 27 |
| Kidnapping | 4 |
| Manslaughter | 2 |
| Murder | 3 |
| Rape | 9 |
| Robbery | 93 |
| Sex offences (minors) | 5 |
| Sex offences (other) | 7 |
| Theft and kindred | 52 |
| Violence (other) | 57 |
| Other | 126 |
| Not available | 103 |
| Total | 1,023
|
| |
Breakdown of sentences imposed on Foreign National
Prisoners released between February 1999 and March 2006 without
deportation action being considered
| Sentence length | Count
|
| 0-11 months * | 151 |
| 1+ | 32 |
| 12+ | 169 |
| 3+ | 177 |
| 4+ | 58 |
| 5+ | 45 |
| 6+ | 25 |
| 7+ | 9 |
| 8+ | 7 |
| 9+ | 9 |
| 10+ | 13 |
| Not available | 39
|
* Where someone has served
multiple sentences
|
| |
Breakdown of whether the persons immigration history
has an asylum aspect Foreign National Prisoners released between
February 1999 and March 2006 without deportation being considered
| Asylum/non-asylum criminal | Number of FNPs who have this aspect
|
| Failed asylum seeker | 237 |
| Ayslum outstanding | 54 |
| No asylum aspect | 650 |
| EEA | 10 |
| British | 1 |
| Refugee | 7 |
| Not known | 64 |
| 
