To ask the Scottish Executive whether it will outline the current position with regard to the release of foreign prisoners from Scottish prisons and the deportation of such prisoners.
The Home Secretary announcedon 26 April 2006 that 1,023 prisoners who should have been consideredfor deportation at the end of their sentence were instead released into the community.The announcement did not indicate whether these were UK figures orfigures only for England and Wales. The Scottish Prison Service (SPS) has sought clarificationfrom the Immigration and Nationality Directorate (IND) regarding how many of theseindividuals, if any at all, were released from Scottish prisons.
The number of “foreign nationals”held in Scotland’s prisons, is on a pro rata basis, significantly smallerthan those held in prisons in England and Wales. In Scotland the figure is just over 1% of the prison population.In the past 12 months, 188 individuals identified as “foreign nationals” have beenreleased from a custodial sentence. Of those, 26 were released into the custodyof IND. Of the remainder, only 15 were serving sentences of more than one year.
Where criminal proceedings areinitiated against a foreign national, the prosecutor will serve a notice that theindividual shall be considered for deportation by the court provided they are atleast 17 years of age and the offence is punishable by imprisonment. On convictionthis notice will be brought to the attention of the court before sentence is passed.The decision of the court is then communicated to the IND by the Scottish CourtService. Following this notification should the IND wish to consider an individualfor deportation at the end of their sentence, they will inform the SPS of this.The SPS will then contact the IND when the individual nears the end of their sentence.As of 4 May, there are 90 individuals identified as “foreign nationals” in SPS custody.The SPS has sent a list of these individuals to the immigration service.
Last week, ACPO indicated thatone individual who has been identified bythe Home Office amongst the list of the 79 most serious cases was believed to be residentin Scotland. As the FirstMinister made clear last week, Scottish police forces stood ready to assist theHome Office with any requests they made to track down individuals in this category.At the request of the Home Office, Scottishpolice forces worked with the IND to identify the whereabouts of this individual. Followinga joint operation by Grampian Police and the IND, this individual is now in custody.
The SPS has reviewed its processesto ensure that they are as robust as possible and will shortly meet with the IND and Scottish CourtService to take any steps necessary in light of the recent announcements made bythe Home Secretary.