Probation Circular

FOREIGN NATIONAL PRISONERS
PURPOSE
To advise Chief Officers and Single Points of Contact on the current position in relation to foreign national prisoners (FNPs).

REFERENCE NO: 24/2006 ISSUE DATE: 5 June 2006 IMPLEMENTATION DATE: Immediate EXPIRY DATE: 5th June 2007 TO: Chairs of Probation Boards Chief Officers of Probation Secretaries of Probation Boards Single Points of Contact CC: Board Treasurers Regional Managers AUTHORISED BY: Christine Lawrie Head of Delivery & Quality Unit ATTACHED: Annex A – Guidance Annex B – Foreign Nationals and Equality Issues

ACTION
Chief Officers are asked as a matter of priority to share the information in this Circular with their Single Point of Contact, and all other relevant staff, and to ensure requirements are implemented promptly. The implementation date for this Circular is “immediate”. This reflects the Ministerial priority assigned to the issue.

SUMMARY
The Immigration and Nationality Department (IND) is responsible for actioning the deportation of foreign national prisoners, where this is appropriate. There have been breakdowns in this system and a multi-agency tracking process is in operation to identify outstanding cases. The probation service is part of this exercise. This Circular summarises the current position and requests continued vigilance in relation to the supervision of foreign national prisoners, particularly those assessed as posing a risk to public protection. Advice on related equality issues is provided in Annex B.

RELEVANT PREVIOUS PROBATION CIRCULARS
There are no previous Circulars but guidance is now available on Epic (and attached as Annex A).

CONTACT FOR ENQUIRIES
Christine.lawrie3@homeoffice.gsi.gov.uk For telephone enquiries about policy, practice or to discuss individual cases, please telephone the NPD FNP team on 0207-217-8409.

National Probation Directorate
Abell House, John Islip Street, London, SW1P 4LH

Foreign national prisoners already released An FNP team based in NPD continues to co-ordinate information on the current position in relation to released foreign national prisoners who should be considered for deportation by IND and who are statutorily known to the probation service. The aims of this process are to: • Ensure we have a record of the risk status, standard of supervision and current position as one of the following: • Deported • Held in custody as a result of IND action • In the community having been held in custody by IND but bailed by an asylum and immigration tribunal • In the community under normal supervision by the NPS • In the community but recall has been activated • In custody via recall • In custody as a result of further alleged offences or a conviction • Other Advise probation areas when offenders who were arrested in response to IND action have been bailed by a tribunal in order to ensure supervision is restarted Advise probation areas when an offender has been deported.

• •

The process of collecting information from areas is established and we are now working to refine our database, but there is as yet no established system for feedback to us, and thence to areas, on the progress of cases where IND or tribunals have taken action. Feedback systems will be in place very shortly but in the meantime we cannot guarantee to provide you with reliable information. This means you should continue to check the progress of cases yourselves, wherever possible. At this time of close scrutiny of the management of foreign national prisoners, it is of paramount importance that supervision meets all the requirements set out in national standards and the relevant licence. This is particularly so in relation to those assessed as MAPPA 2 or 3. In relation to foreign national prisoners identified through lists issued to areas, chief officers are therefore asked to exercise special vigilance to ensure that: • • • • • All information is provided to the NPD FNP team. Please let us know any changes in circumstances in relation to any of these individuals Risk assessments are undertaken promptly, are updated as required, and are defensible All eligible cases are referred to MAPPA Supervision meets all the requirements of national standards and licence requirements Enforcement action is immediate and robust.

We would strongly urge chief officers to implement a system for regularly checking the status and progress of this group of offenders, if one is not already in place. Any concerns about these offenders must be notified to a member of the FNP team. Every effort will be made to resolve difficulties through central liaison with the appropriate authorities. Foreign national prisoners who are still serving a prison sentence Foreign nationals currently serving a prison sentence will continue to become eligible for release. Maintaining a high standard of vigilance and responsive assessment and supervision remains paramount. Offender managers also have a responsibility to contribute to the identification and assessment process to ensure IND are alerted to any person who may pose a risk to the community and for whom it therefore may be appropriate to consider deportation. PC24/2006 – Foreign National Prisoners 2

Where offender managers believe a prisoner to be a foreign national every effort must be made to establish their nationality and immigration status prior to release on licence. A named offender manager must be identified at the earliest stage. Risk assessments must be carried out prior to release and an appropriate risk management plan set out in the case record. Offender managers must liaise with prison authorities and alert IND Criminal Casework Team if they have relevant information prior to release. Guidance provided to areas on 15 May 2006 sets out how to contact relevant departments in IND. Please report any difficulties encountered to the FNP team at NPD. Where serving foreign national prisoners are being considered for deportation, IND will ask the offender manager for an up to date assessment of the risk they are likely to pose in the community. IND issued internal guidance to this effect on 25 May 2006. Further guidance to areas will follow from NPD as soon as possible. In the meantime, when dealing with such requests from IND please follow the guidance in the next paragraph. Areas may be requested by solicitors to provide reports to tribunals that are considering whether to bail potential deportees whom the IND has had taken into custody in connection with their potential deportation. Probation staff must not express a view about deportation of any individual. As is standard procedure with any offender, personal information should be given to solicitors only with the written permission of the offender him or herself unless it is already in the public domain. However, the following information must be provided, if requested, without asking the offender’s permission: • An assessment of risk of harm and/or of reoffending • A summary of the offender’s compliance with national standards and the requirements of the licence. Foreign national prisoners who pose a high risk of harm The Home Secretary is particularly concerned that foreign national prisoners who are being considered for deportation, and who pose a high risk of harm to others, should receive robust, active oversight and intervention by the probation service which is of the highest quality and compatible with, and tailored to, the risks they pose. Chief Officers are asked to focus on these offenders as a distinct sub-group and ensure this requirement is met. Diversity issues and support for foreign nationals and their families Please see the annex B.

PC24/2006 – Foreign National Prisoners

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Annex A

Interim Guidance for Probation staff on Deportation or removal following criminal conviction and the impact on service delivery
Based on Practice Guidelines provided by London Probation Equality & Diversity Directorate. These interim guidelines are to assist staff in their supervision of foreign national offenders. It contains details of how and when contact with the Immigration Service is indicated. Probation staff will have varying knowledge and experience of supervising foreign national offenders. The Government has stated their intention to produce a consultation paper by the end of May 2006 concerning foreign national offenders and deportation. Should there be implications for probation practice further information will follow. Contents ♦ Diagram demonstrating the probability of deportation or removal following criminal conviction • Answers to frequently asked questions (FAQs) 1. How do I know whether or not IND is considering taking any action against the offender? 2. How do I find out the offender’s immigration status? 3. Do Courts require reports when deportation or removal is possible? 4. What proposal(s) for sentence can I make to the Court if deportation seems probable? 5. The offender has an application for asylum pending or an appeal outstanding. Does it make sense to propose a community penalty? 6. The offender claims they cannot be deported or removed because they were born in the UK / are married to a British national. Is this correct? 7. How does IND find out about foreign national offenders? 8. Do I have to inform IND if I discover that an offender is in the UK illegally? 9. Does IND have to inform probation if / when they deport or remove someone who is subject to supervision? 10. What do I do if an offender is deported or removed while still subject to supervision? 11. What happens if an offender subject to a community order or licence wants to go abroad to live? 12. The offender wishes to return to their home country at the end of the supervision period but they have no means to pay the fare. Can they get help? 13. Do I have to produce a PAR on a prisoner who is to be deported? 14. If I know the answer, can I give immigration advice to someone I am supervising? 15. How does the deportation process work? Appendix 1 How to make enquiries with the Immigration & nationality Directorate – IND

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Appendix 2 Diagrams showing the deportation processes, when there is no court recommendation for deportation and when there is. Deportation or removal following criminal conviction Is the offender ..….
A British Citizen or a Commonwealth Citizen with Right of Abode or an Irish Citizen who was settled in the UK on 1.1.73 and has lived in the UK for the past 5 years? No one from these groups can be deported or removed. They all have the right to enter and remain in the UK

Yes

No

Sentenced to 2+ years imprisonment? Yes Sentenced to less than 2 years imprisonment or a Community Order?

Deportation is probable. A Court recommendation significantly increases the probability Deportation is unlikely. It would be unusual for a Court to recommend deportation at the same time as imposing these sentences The position is complicated. In theory refugee status could be withdrawn but in practice this and deportation is unlikely.

A European Community Citizen?

No

A Refugee (with Indefinite or Exceptional Leave to Remain or Humanitarian Protection)? No An asylum seeker? (With or without an appeal pending)

Yes

Yes yes yes

Yes

Yes

The asylum claim should be settled before any deportation or removal action is taken

None of the above?

Sentenced to 1yr or more imprisonment? Yes Sentenced to less than 1 year imprisonment or a Community Order?

Deportation is probable. A Court recommendation significantly increases the probability Deportation is unlikely although any Court recommendation significantly increases the probability. NB If the offender has no legal immigration status e.g. they have overstayed a visa or entered illegally, they may be Removed (as opposed to being deported)

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General points to note about deportation and removal following criminal conviction • • • • The Immigration and Nationality Directorate (IND) does not need a Court recommendation to exercise its powers to deport (or remove) – but any Court recommendation substantially increases the likelihood of deportation Courts cannot order deportation – they can only recommend it to the Home Secretary. Any person, 17 years of age or more at the time of sentencing who does not have the right of abode in the UK and who is convicted of an offence for which he/she is liable to a term of imprisonment, may be recommended for deportation. • A formal notice warning of an offenders ‘liability to deportation’, - referred to as an ‘IM3’ form – must be served at least 7 days prior to any Court recommendation being made. • • • • • • IM3s are normally served at the arrest stage and so are a useful indicator of possible deportation / removal Deportation is a permanent exclusion order; it prohibits re-entry to the UK indefinitely Deportation is a lengthy process with rights of appeal Removal does not prohibit re-entry (if entry requirements are met on return) Removal is a relatively quick process, with no suspensive right of appeal. Removal procedures are used against people who have no legal immigration status in the UK (e.g. over-stayed visa, entered clandestinely, misrepresented self on entry, refused entry at Port), when IND are not seeking to permanently exclude. • • Record on contact sheets details of people contacted in IND and details of discussions and agreed actions. These cases need to be subject to normal probation arrangements for assessment of Risk of Harm and referred to MAPPA if they meet the relevant criteria.

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Practice Guidelines – FAQs and answers
Note; Please take ‘community order’ to mean all forms, both CJA 91 and CJA 03, ‘licence’ to mean all forms of post release licence and ‘supervision’ to encompass both, unless otherwise stated. 1 How do I know whether or not the Immigration & Nationality Department ( IND) is considering taking any action against the offender? At present there is no national protocol between Immigration and Probation and so there is no obligation on Immigration to inform us of intended or actual action, even if they have been made aware that we are supervising the person in question. An IM3(notice of liability for deportation or removal) indicates that the issue of immigration status has been raised and that the Court will consider making a recommendation for deportation. It is therefore important that Court Officers note when an IM3 has been served, after asking the prosecution if necessary. The deportation process begins with serving a notice of intention to deport – so it is worth asking the offender and/or the prison if this and any following action has happened. Prison custody/discipline offices keep a record of any immigration action, such as the service of papers, or a detention order and are normally willing to give information to probation staff. Removal (as opposed to deportation) is handled by local Immigration offices. Any asylum claim should be settled (by the IND asylum section) before any action to remove or deport. See also notes in answer to the following question (how to find out an offender’s immigration status) 2 How do I find out the offender’s immigration status?

Ask them! There is no obligation on probation staff to establish the immigration status of every offender (although monitoring of immigration status may be introduced in the future). However, if immigration status appears relevant to a proposal for sentence or to supervision, as a Risk factor, information can be gained by contacting the The IND’s Evidence and Enquiry Unit – tel; 0845 601 2298 or fax 0208 604 5800. Full contact details in Appendix 1

Cont/…

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In respect of prisoners who have been recommended for deportation by the Court, or whose presence in the UK is likely to be found ‘not conducive to the public good’ (largely European sentenced to 2 years + imprisonment or non-European sentenced to 1 year+ imprisonment) information on progress may be obtained by contacting the The IND’s Criminal Casework Team on 0208 196 0930, or email - CCT@ind.homeoffice.gsi.gov.uk full contact details in Appendix 1 NOTE the E&EU and CCT numbers are for professional use only and should not be given to offenders or any members of the public in any circumstances.

3 Do Courts require probation sentencing reports when deportation or removal is possible? . Courts have different expectation when they require sentencing reports on foreign national defendants arrested at Ports of Entry. In other cases of offenders who are foreign nationals, where deportation or removal appears possible, Courts will determine those cases where a report is required. A court may still be request a report when deportation is being considered as they may decide not to recommend deportation and/or IND may decide not to take action. Decisions about whether or not to prepare a report at the Committal stage will be influenced by various factors including length of residency in the UK, nature of the offence, age of offender etc. 4 What proposal(s) for sentence can I make to the Court if deportation seems probable? This may depend to an extent on why deportation seems probable but overall, proposals will be limited. If a foreign national is already subject to a deportation order, i.e. They have returned to the UK illegally, by definition they have no right to be in the UK. It is most probable that they will be detained and removed by IND irrespective of the Court’s sentence. This is a valid reason for assessing the offender as unsuitable for any community penalty. The assessment would be further supported if it can be established that the offender is already subject to ‘Immigration Detention’. Check with the custody clerk at the remand prison for any ‘Immigration hold’.

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As illustrated by the initial flow diagram, an alternative reason for deportation seeming probable is that the offence is likely to attract a sentence of imprisonment of 1 year or over for a non-European Union national or for 2 years or over for a European Union national. In these cases the probation report, having acknowledged the inevitability of a substantial custodial sentence, may properly address the potential impact of deportation, since any recommendation is part of the sentence. Court recommendations for deportation are usually carried out and the effects on the offender can be greater than the term of imprisonment imposed. An IM3 (notice of liability to deportation) indicates that the issue of immigration status has been raised but this does not necessarily mean that the Court will recommend deportation or that IND will take action. Unless one of the above reasons exists for believing the offender will probably be deported or removed, community penalties can be considered and proposed.

5 The offender has an application for asylum pending or they have been refused asylum and an appeal is outstanding. Does it make sense to propose a Community penalty? Asylum applications and appeals can take a long time and it should not be assumed that either is a reason not to recommend a community order. The probation report should, however, note the immigration situation and the fact that a negative decision by IND could result in removal from the UK before the expiry of an order, probably with little, if any, notice.

6 The offender claims they cannot be deported or removed because they were born in the UK / are married to a British national / have children living in the UK. Is this correct? Not necessarily. Being born in the UK does not in itself confer British nationality, nor does being married to a British subject automatically confer the right to live in the UK. This is a complicated area. Offenders in this position should be advised to seek legal advice.

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How does IND find out about foreign national offenders?

The Courts should inform the Immigration and Nationality Directorate Criminal Casework Team (IND / CCT) of any recommendation for deportation made by a judge/magistrate. Prison governors are obliged to inform IND / CCT of all foreign national prisoners they hold so that Immigration can assess whether they should be deported or removed on completion of their prison sentence.

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Immigration officers are increasingly being stationed in reception units of local prisons to identify and progress cases for deportation and removal and improve liaison between Prison and IND. Some foreign nationals without legal immigration status (those who have overstayed visas or entered clandestinely, for example) are first identified when questioned by police, perhaps for minor matters. Police enquires with the Immigration Evidence and Enquiry Unit E&EU (see Appendix 1) may then trigger immigration action. As mentioned elsewhere, there is currently no national protocol requiring probation staff to inform immigration of relevant cases and therefore no formal arrangements for doing so. However the IND Criminal Casework Team and/or the IND Evidence and Enquiry Unit (see appendix 1) should be contacted by probation staff whenever they have a concern about the immigration status of an offender particularly if linked to risk of harm or risk of re-offending issues.

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Do I have to inform IND if I discover that an offender is in the UK illegally?

In the absence of any protocol between immigration and probation, there are no formal guidelines or arrangements for probation staff action should it become apparent that an offender has no legal immigration status in the UK. However, evidence or concern that someone under supervision is, for instance, working or claiming benefits when they are not entitled or remaining in the UK without permission should be considered a risk factor and acted upon accordingly, seeking line manager guidance where necessary. Probation staff should contact the E&EU (see appendix 1) to verify an offender’s immigration status whenever they believe that person is living in the UK illegally, the expectation being that IND/E&EU will initiate any enforcement action they deem necessary. Record on contact sheets details of people contacted in IND and details of discussions and agreed actions.

9 Does IND have to inform the probation service if / when they deport or remove someone who is subject to supervision? No. There is no protocol between immigration and probation. Also, IND will not necessarily know that someone is subject to supervision and even if they do know, they have no duty to inform us of any action they intend or they take.

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10 What do I do if an offender is deported or removed while still subject to supervision? Try to gain verification of IND action. This sometimes is problematic, again record all actions taken and discussions had with relevant staff. Apply for revocation of any community order. The licence will remain in force to its normal completion date. It should be clearly recorded that the offender has been removed from the UK and that it is therefore not possible to enforce the supervision requirement. 11 What happens if an offender subject to a community order or licence wants to go abroad to live? Offenders who live in the UK but wish to move abroad will be required to wait until supervision has ended before they go unless there are exceptional circumstances. The following comments apply to offenders who are not normally resident in the UK (e.g. arrested at ports of entry or here as a tourist or student) and who are not facing deportation or removal First pose the question whether risk harm or re-offending might be reduced by allowing the offender to leave the UK. Risk in both the UK and the proposed (offender’s) country should be considered. For example, in the case of someone who has no right to employment or benefit and no means of support in the UK, risk might be reduced by allowing them to return to their family. If the assessment is that risk might be reduced – • For community orders Consider asking the court to revoke the order to allow resettlement abroad, including the risk assessment as part of the argument for doing so. For CJA 1991 Automatic Conditional Release licences and all CJA 2003 Standard Sentence licences Chief Officers of Probation have the authority to suspend reporting to allow resettlement abroad. For CJA 1991 Parole licences Applications to suspend reporting to allow resettlement abroad should be made to the Release and Recall Section (formerly ERRS) For licences following public protection sentences By definition, it will probably be very rare to find a case in which the suspension of supervision to allow the offender to return to their own country (where they will not be supervised) may be justified.

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12 The offender wishes to return to their home abroad at the end of the supervision period but they have no means to pay the fare. Can they get help? Yes, quite possibly. Some may be able to gain help from their Embassy or High Commission (although these are likely to want assurance that any fares advanced will be refunded). There are several schemes in the UK for assisting voluntary return. Asylum seekers and refugees considering voluntary return should be advised to take advice offered by specialist agencies, i.e. Immigration Advice Centres, Law Centre, Community Refugee organisations. The International Office of Migration (IOM) operate various voluntary repatriation schemes on behalf of the Home Office – contact IOM on 0800 783 2332 13 Do I have to produce a PAR on a prisoner who is to be deported on release?

There is no requirement for a parole assessment report (PAR) in these cases. However, if an offender manager is able to make a relevant contribution to parole assessment; this will be included in the dossier and considered. Probation staff seconded to work in prisons does prepare parole reports in these cases. Please note that, with some exceptions (relating to high risk) rules introduced under the CJA 2003 make parole presumptive for those who are to be deported or removed. Seconded staffs refer to Chapter 9, Prison Service Order 6000

14 If I know the answer, can I give immigration advice to someone I am supervising? The short answer to this question is ‘no’. It is illegal for anyone who is not registered with or certificated by the Office of the Immigration Services Commissioner to give immigration advice (and Probation is not registered or certificated). You should limit your advice to giving information about agencies that are registered / certificated to give immigration advice. Citizens Advice Bureaux can generally help or refer to local lists

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How does the deportation process work?

A summary outline is given in the set of three diagrams in appendix 2.

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Appendix 1 to ‘Deportation or removal following criminal conviction and the impact on service delivery’

How to make enquiries of the Immigration & Nationality Directorate - IND
To make an enquiry with IND please use the contact details below which have been agreed with the IND. In the community; Immigration and Nationality Directorate (IND) has an Evidence & Enquiry Unit (E & EU), which is a front line service for various agencies to contact when there is a need to enquire about the immigration status of an individual. Probation is one of the agencies which the Police, Prisons, Customs & Excise, who have access to this Unit.

They can be contacted on 0845 601 2298. Their opening hours are 05.45 to 21.00 Monday to Friday, 08.00 to 16.00 weekends and bank holidays (not 25 December). You will be asked whether you want Option 1, (for detained cases), or Option 2, (non-detained cases). Their caseworker will require your name, the agency you are calling from and a contact phone number. For them to carry out an effective search, you will usually be required to provide a name, nationality & date of birth of the individual you wish to enquire about. If you have a Home Office reference number, this would help. Evidence & Enquiry usually can assist you straight away though sometimes they may need to refer you on to the nearest local enforcement office. They may request that you fax information to them on 0208 604 5856. Imprisoned & sentenced; The Criminal Casework Team, (CCT) was set up as a link between the Prison Service, the Integrated Casework Directorate of the Immigration and Nationality Directorate and the Immigration Service. Its aim is to facilitate the deportation of those convicted foreign nationals who have either been recommended by the courts for deportation or whose presence in the UK is not considered conducive to the public good. Their objective is to arrange for deportation immediately a sentence has been finished. The number of cases actioned has steadily increased and was about 500 in 2004. Records show that the majority of recommendations for deportation made against convicted foreign nationals result in an actual deportation. The efficient processing of these cases is a ministerial priority; the result is that many people who present a risk to the public of the UK are deported promptly.

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The Criminal Casework Team should normally be the first point of contact for any agency within the criminal justice system which deals with convicted foreign nationals. They can then judge how best to deal with the case. CCT now deal with EEA nationals as from October 2003.

Please note that the Criminal Casework Team is presently undergoing a considerable re organisation which is aimed at responding to the considerable increase in their work load at this time. Staff are being recruited to meet this demand and it is expected that they will be relocated. We will endeavour to amend the details below to reflect these changes as we are notified.

Criminal Casework Team Contacts:
GENERAL HOTLINE 0208 196 0930

For Early Release Scheme (ERS) fax enquiries

0208 760 3889

All calls should be routed through the hotline. However, in an absolute emergency, where you cannot obtain an immediate reply from the hotline: contact a senior caseworker on:

Fax:

020 8196 3496 020 8196 3493 020 8196 3494 020 8196 3493 020 8196 3495 0208 760 3890 0208 760 3889

(Tipping Eos) Detention Team ERS and Ops Team

Postal Address:

Criminal Casework Team, 10th Floor, Lunar House, 40 Wellesley Road, Croydon CR9 2BY Nick Hearn nick.hearn2@.homeoffice.gsi.gov.uk Jay Sajeev jay.sajeev3@homeoffice.gsi.gov.uk

Head of CCT:

CCT email:

CCT@ind.homeoffice.gsi.gov.uk

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Appendix 2 to ‘Deportation or removal following criminal conviction and the impact on service delivery’

Deportation processes
ARRE S T
NOTICE OF LIABILITY FOR DE P ORTATION S erved by P olice or Customs

I M3

COURT S E NTE NCE

WI RECOMMENDATI TH ON

WI THOUT RECOMMENDATI ON

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NO COURT RECOMMENDATION
Immigration Act 1971 – Section 3 (5)(b) - Deportation on the grounds of it ‘being conducive to the public good’ IND INFORMED NOTICE OF INTENTION TO DEPORT IMMIGRATION APPEAL TRIBUNAL ALLOWED RELEASE INTO UK REFUSED NOT CONTESTED IND PROCEEDS

NO ACTION RELEASE INTO UK

DEPORTATION ON RELEASE

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Court Recommendation
Immigration Act 1971 section 3(6) Recommendation for deportation

Not contested

No criminal Court appeal

Appeal sentence refused allowed

Notice of intention to deport Appeal destination Appeal to Immigration Tribunal allowed Deportation on release Release Into UK refused Deportation On release Deportation Still possible

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Annex B FOREIGN NATIONALS AND EQUALITY ISSUES Whilst FNP’s must be dealt with according to the processes already used by the agencies referred to in this Circular, the following points should be considered in order to prevent any likelihood of unfair or improper treatment. Foreign nationals are not a homogeneous group and individuals will have been living in this country for varying lengths of time and with different immigration status’s. Deportation or removal following the commission of a criminal offence can have significant implications for the offender and any dependants.

• • •

Given that legal processes will be involved language needs should be ascertained to see if the individual does or does not require interpretation or translation assistance. When an interpreter is needed, they should have some form of professional status as confidentiality and accurate interpreting skills are required. The use of a family member or someone from a local community is not appropriate. The National Register of Public Service Interpreters is the principle organisation which is providing a service under licence to the National Probation Service. Staff can gain access to it via EPIC and follow the on screen instructions access the Register. For British Sign Language the Council for the Advancement of Communication with deaf people is on 0191 383 1155. Good practice advice on immigration matters and FNO’s is contained in the interim guidance for Probation staff called “Deportation or removal following criminal conviction and the impact on service delivery”, which is based on good practice guidelines provided by the London Probation Equality and Diversity directorate. It can be accessed on EPIC - http://npsintranet.probation.gsi.gov.uk/index/service_delivery/foreign_nationals.htm This advice also contains answers to 15 FAQs and is a good practitioner reference document.

ADDITIONAL ISSUES TO CONSIDER • FNP’s liable for deportation may request independent immigration advice. Probation staff cannot and should not provide this but can refer onto reputable organisations and groups. Local Law Centres, Citizens Advice Bureaus, Legal Advice Centres and refugee advice services can be useful. Community and family links will be important for a number of reasons. For instance a FNP going through deportation or removal proceedings may have dependent family members. Building in support links for them in terms of a local community group or religious centre (if they exist) is important and may be a lifeline. If community groups appear to serve a different locale (e.g. from their address), but are clearly the only one for miles around, they will usually respond positively to requests for help. Support could also be obtained from the Social Services department of their Local Authority. High Commissions or Embassies can sometimes help, but their assistance is not normally long term. They may also be able to assist when FNPs are to be returned to their Country of origin. FNP’s could be individuals who may have been used by others for illegal purposes (a good proportion of cases are drug related), and who have no contact with them following arrest. When they are going through a deportation or removal process they need to be able to speak in confidence to someone from their own community. Mental health concerns are more likely when someone has been left isolated and their future is uncertain. Support should be sought from Social Services. Community and voluntary groups can also sometimes offer support in these circumstances. If an FNP is to be released into the community, then the opportunity to be able to get in contact with community based organisations can assist in their resettlement and that of their families. This can be both in terms of contacts and for ongoing advice and support (e.g. in a family situation advice will be needed over housing, benefits, health, education, job opportunities, etc). Local community groups vary a lot in terms of their ethos and capabilities. If contact has been made with them in the past then a clearer idea would exist of how they operate, but if a contact is being made for the first time, then it should be done cautiously (maybe only by phone to begin with) to ensure they can give the appropriate support and respect confidentiality of both the Probation service and the FNP, before introducing them to the FNP.

All cases notes should now record nationality details, in order for proper monitoring of FNPs to be made. To ascertain the immigration status of a FNP, the IND has an Evidence and Enquiry unit which is a front line service agencies can contact. It can be contacted on 0845 601 2298 from 05.45 to 21.00 on Monday to Fridays, 08.00 to 16.00 at weekends and bank holidays (but not Christmas day). Callers will be asked for the name, nationality and date of birth of the individual you are enquiring about. Further details will be sent out shortly