Prisoner deportation rules change in England and Wales

From 23 September 2025, England and Wales changed when some foreign national prisoners can be taken out of prison for deportation. A new statutory instrument alters section 260 of the Criminal Justice Act 2003 so removal can happen earlier in some cases. This is the Criminal Justice Act 2003 (Removal of Prisoners for Deportation) Order 2025, published on legislation.gov.uk.

Here is the plain‑English shift. Before, the rule said a person had to serve at least half of their custodial term and could only be removed up to 545 days (about 18 months) before their automatic release point. Now the minimum is 30% of the custodial term, and the maximum window is up to four years before the automatic release point. The law sets the earliest removal point as the later of those two moments. Source: legislation.gov.uk.

This change applies in England and Wales and concerns foreign nationals serving determinate sentences who are liable to deportation. The instrument itself states the territorial extent and explains that sections 260 and 261 cover removal for deportation and what happens if someone returns. We use the official legislation text for definitions and boundaries.

To work with the rule, you first find the “requisite custodial period” - the amount of time someone must serve in prison before automatic release for their sentence type. For many standard determinate sentences this is one‑half of the total term under section 244. For some serious offences sentenced on or after June 2022, it is two‑thirds under section 244ZA. Those legal definitions come from the Criminal Justice Act 2003.

Once you know the requisite custodial period, you can estimate the earliest removal date. Work out 30% of that period. Also work out the point that is four years before the end of that period (the automatic release point). The law says removal cannot be earlier than whichever of those two points is later in time. This line comes directly from the updated section 260 order.

Let’s try a straightforward example you can use in class. Imagine a 6‑year standard determinate sentence where automatic release is at half: the requisite custodial period is 3 years. Thirty percent of 3 years is about 11 months. Four years before the 3‑year release point falls before the sentence even begins, so the later point is roughly 11 months. Under the new rule, removal could not happen before around month 11, subject to eligibility and approval.

Now a two‑thirds case. Take a 12‑year sentence for an offence that carries two‑thirds release. The requisite custodial period is 8 years. Thirty percent of 8 years is about 2 years 5 months; four years before the 8‑year release point is at year 4. The later point is year 4, so removal could not happen before four years have been served. The two‑thirds release reference is in section 244ZA.

Consider a long sentence to see the four‑year cap at work. On a 30‑year standard determinate sentence (with half‑way release), the requisite custodial period is 15 years. Thirty percent of 15 years is 4.5 years; four years before the release point is 11 years. The later point is 11 years, so removal could not occur before year 11 even though 30% was reached much earlier.

A quick scope check helps you teach who is in and who is out. The Ministry of Justice factsheet says the scheme covers foreign national offenders on determinate sentences and is discretionary. Terrorism or terrorism‑connected offences are excluded, and officials can refuse early removal if there is evidence of risk. This sits alongside the section 260 framework.

What happens after removal matters for citizenship and public safety discussions. According to the same government factsheet and section 261 of the 2003 Act, those removed for deportation are not further imprisoned in the UK, are barred from returning, and if they do return before their sentence expiry date they can be detained to serve the remaining custodial time. That legal back‑up is in the primary Act.

If you’re building a timeline for students: the order was laid in Parliament on 25 June 2025, approved by both Houses, and commenced on 23 September 2025. The official legislation page lists the coming‑into‑force date, and the government factsheet confirms the laying date and policy intent linked to the Independent Sentencing Review.

Two final study notes. First, the change does not shorten the sentence; it changes where part of it is served if the person is deported. Second, calculating the requisite custodial period can be complex for concurrent or consecutive sentences, so teachers should remind learners that sections 263 and 264 of the 2003 Act set special rules for combining terms. When in doubt, point back to the primary legislation and the statutory instrument on legislation.gov.uk.