The Criminal Justice Act 2003 (Removal of Prisoners for Deportation) Order 2025
The Order amended section 260 of the Criminal Justice Act 2003, changing the pre-removal percentage and time period criteria for deporting eligible foreign national prisoners in England and Wales.
This Order amends Section 260 of the Criminal Justice Act 2003, changing the criteria under which foreign national offenders serving a determinate sentence in England and Wales can be removed from prison for deportation purposes.
Specifically, it revises the minimum custodial period that must be served before removal and the maximum period permitted prior to the automatic release date, modifying the threshold percentage from one half to 30% and the time period from 545 days to 4 years.
Arguments For
Increases the potential window for removing foreign national offenders for deportation, potentially leading to earlier removal from the UK system.
Adjusts the release/removal calculation thresholds from a fixed time period (545 days) and a proportion (one half) to a new, potentially longer, period (4 years) and a lower proportion (30%), aiming to align policy with operational needs or legislative intent.
Implements legally mandated changes based on powers granted by the Criminal Justice Act 2003, ensuring compliance with existing statutory frameworks.
Arguments Against
Changing the minimum custodial period served before removal could extend the time some prisoners must wait before deportation proceedings commence, potentially delaying removal.
Altering the threshold from "one half" served to "30%" served might result in removal occurring significantly earlier in the sentence for some offenders, raising concerns about procedural fairness or timing relative to sentence completion.
The change from 545 days to 4 years significantly alters the maximum period available for removal, which could increase the administrative burden or conflict with international obligations regarding the timing of removal.
The Secretary of State makes this Order in exercise of the powers conferred by section 260(6) of the Criminal Justice Act 2003.
In accordance with section 330(5)(a) of that Act, a draft of this Order was laid before Parliament and approved by a resolution of each House of Parliament.
The Secretary of State drew authority to create this Order from powers granted under section 260(6) of the Criminal Justice Act 2003.
Before enacting this Order, a draft document was formally presented to and approved by both Houses of Parliament, as required by section 330(5)(a) of that same Act.
- Citation, commencement and extent
(1) This Order may be cited as the Criminal Justice Act 2003 (Removal of Prisoners for Deportation) Order 2025.
(2) This Order comes into force on 23rd September 2025.
(3) This Order extends to England and Wales only.
This regulation is officially named the Criminal Justice Act 2003 (Removal of Prisoners for Deportation) Order 2025.
It legally takes effect on September 23, 2025.
The provisions within this Order only apply to the jurisdictions of England and Wales.
- Amendment to section 260 of the Criminal Justice Act 2003
Section 260(2) of the Criminal Justice Act 2003 is amended as follows—
(a) in paragraph (a), for “one half” substitute “30%”;
(b) in paragraph (b), for “545 days” substitute “4 years”.
This section directly modifies subsection 260(2) of the 2003 Act, which governs prisoner removal for deportation.
It changes the requirement for the percentage of the sentence served, replacing the previous figure of "one half" with "30%".
Additionally, it alters the specified period before the automatic release date, substituting "545 days" with "4 years".
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