Prisoners Subject to Deportation Orders

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A decision made (05.03.09) to instruct that prisoners be removed from the Temporary Release Scheme when a Deportation Order is issued.

Decision Reference: MD-HA-2009-0021
Decision Summary Title :	Prisoners subject to Deportation Orders		Date of Decision Summary:	26 February 2009
Decision Summary Author:	Prison Governor		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:
Written Report Title :	Removal of Deportees from the Prison’s Temporary Release Scheme		Date of Written Report:	25 February 2009
Written Report Author:	Prison Governor		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Exclusion of Prisoners subject to Deportation Orders from consideration for release into the community under the terms of the prison’s Temporary Release Scheme.
Decision(s): The Minister instructed that prisoners be removed from the Temporary Release Scheme when a Deportation Order is issued.
Reason(s) for Decision: It is not considered appropriate for prisoners subject to deportation to develop links, secure employment or secure housing in Jersey.
Resource Implications: There are no resource implications to Home Affairs resulting from this decision.
Action required: The Prison Governor to ensure that deportees are removed from Temporary Release Scheme.
Signature:		Position: Minister for Home Affairs
Date Signed:		Date of Decision (If different from Date Signed):

Prisoners Subject to Deportation Orders

25 February 2009

Removal of Deportees from the Prison’s Temporary Release Scheme

(Background Note)

There are currently 55 foreign nationals in La Moye prison; 44 Portuguese, 9 Polish, I Latvian and 1 Moroccan. 41 have been convicted and 14 are on remand. Of the 41 convicted, 37 were recommended for deportation by the Royal Court and 5 have since been issued with Deportation Orders.

The documentation related to the current Temporary Release Scheme is silent in regard to deportees. However, since its introduction in November 2003, prisoners recommended for deportation or those with Deportation Orders in force have not been routinely excluded from the scheme, although these would be factors considered by the Release on Temporary Licence Panel.

It has been custom and practice for Immigration and Customs to wait until the last few weeks or months of the prisoner’s sentence before making a recommendation to the His Excellency the Lieutenant Governor for deportation. This leaves very little time for prisoners or extended families to make preparations for a return to their home country and it may be appropriate for Deportation Orders to be actioned at an earlier stage. A year in advance of the earliest date of liberation was thought reasonable. The prison will supply Customs and Immigration with the relevant information on all foreign nationals to facilitate this proposal.

At present there is no legal mechanism to repatriate prisoners from Jersey direct to their country of origin. This may be a preferred option for some deportees when they are excluded from the Temporary Release Scheme and consequently, the most appropriate legislative process for achieving this needs to be explored.

There is likely to be a reaction from potential deportees when we deny access to the Temporary Release Scheme. The prison has already managed a peaceful sit down protest by 19 foreign nationals.

Bill Millar

Prison Governor