http://www.dailymail.co.uk/pages/live/articles/news/news.html?in_article_id=
503809
<http://www.dailymail.co.uk/pages/live/articles/news/news.html?in_article_id
=503809&in_page_id=1770> &in_page_id=1770
 

Thousands of foreign criminals allowed to stay in Britain 
By JAMES SLACK 


Immigration bosses have 'no interest' in deporting thousands of foreign
criminals serving short jail terms, internal Government papers have
revealed. 


The instruction to officials not to bother with any overseas convict
sentenced to less than a year behind bars marks the end of a commitment made
by Gordon Brown earlier this year. 


In July, the Prime Minister declared: "I want a message to go out. If you
come here you work and you learn our language. If you commit a crime you
will be deported." 


But - as a result of the new Prison Service instruction - at least 4,000
foreign criminals convicted every year of offences such as theft, burglary,
benefit fraud and drug dealing will be released back on to the streets at
the end of their sentence. 


Foreigners will also be allowed to be kept in open jails, despite the risk
of absconding. The revelations are contained in a Prison Service instruction
to staff on how to make the best use of space in the network of open
prisons, which have little or no security. 


Foreign prisoners were barred from these jails last year by then home
secretary John Reid after a spate of escapes. 


But the instructions say this need no longer be the case if inmates are not
facing deportation proceedings. 


Giving examples, it states: "The Criminal Casework Directorate of the Border
and Immigration Agency have confirmed to us that as a rule they have no
interest in pursuing foreign national prisoners serving sentences of less
than 12 months for deportation." 


The exceptions are if the criminal was recommended for deportation by the
courts, or if they have a string of convictions within the last five years. 


On moving the foreign criminals to open jails, the order says local
immigration officers "will have an interest in a foreign national sentenced
to under 12 months, for example because the prisoner has no leave to remain
in the UK and they wish to remove them from the UK on completion of their
sentence". 


However, it goes on to say that "this is not the same as deportation [and]
does not preclude them from being allocated to open conditions". 


Tory justice spokesman Nick Herbert said: "The vast majority of offenders
who are sent to prison are sentenced to less than a year, so this directive
will apply to a large number of foreign nationals every year who will now
not be considered for deportation. 


"The result will be that foreign thieves, fraudsters, burglars and drugs
dealers will be released back into the community. 


"Gordon Brown claimed he wanted to send a message that foreign criminals
would be deported. It takes a special kind of cynicism to promise tough
action on foreign criminals while simultaneously instructing that the
majority of them are to be released." 


Reasons why there is no point in officials taking an 'interest' in criminals
sentenced to less than 12 months included an EU directive. 


For European Economic Area nationals the Home Office can remove only those
highly likely to reoffend and present a "present, genuine and sufficiently
serious threat" to society. 

 



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