The New Scheme for Foreign National Prisoners: Vigilance is Key

Abstract

The provision governing the Tariff Expired Removal Scheme (TERS) is contained in section 32A of the Crime (Sentences) Act 1997 as inserted by section 119 of the LASPO Act. In broad terms, TERS applies only to foreign national prisoners whom the secretary of state can remove from the UK if the foreign national prisoner is serving a life sentence that includes an IPP sentence, has served their minimum term, i.e. tariff, and is liable to removal from the UK. Section 119 adopts the definition of liability to removal from the UK in section 259 of the Criminal Justice Act 2003.

Note: This article was first published by the Solicitors Journal on 26 June 2012, and is reproduced by kind permission (solicitorsjournal.com).

Keywords: Human rights, foreign national prisoners, parole board, Tariff Expired Removal Scheme, legal aid, judicial review