(This note is not part of the Order)
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 determinate sentence foreign national prisoners 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 one year before their automatic release point once they have served at least half of the custodial part of their sentence (the minimum pre-removal custodial period).
This Order increases the maximum removal period in section 260(2)(b) by substituting a reference to 545 days (18 months), in place of the previous reference to one year. This means that the pre-removal custodial period is now the later date of a) half of the requisite custodial period or b) 545 days (eighteen months) 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.