Prison Service Order IMMIGRATION AND FOREIGN NATIONALS IN PRISONS ORDER NUMBER Date of Initial Issue 11/01/2008 Issue No.

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1 Prison Service Order IMMIGRATION AND FOREIGN NATIONALS IN PRISONS ORDER NUMBER 4630 Date of Initial Issue 11/01/2008 Issue No. 287 This updates and replaces the previous PSO issued in July PSI Amendments should be read in conjunction with this PSO Date of Further Amendments

2 PSO 4630 Page 1 IMMIGRATION AND FOREIGN NATIONALS IN PRISONS EXECUTIVE SUMMARY STATEMENT OF PURPOSE The PSO updates and replaces the previous PSO issued in July It also confirms and incorporates the arrangements set out in PSI 21/2007 and [22/2007]. The PSO sets out the procedures and actions relating to immigration matters which must be completed for foreign nationals and immigration detainees. It also incorporates procedures for contact with Embassies as set out in PSI 22/2007. This PSO applies to all foreign national prisoners and immigration detainees. References to Governors should be taken to include Directors of Contracted-out Prisons and YOIs. DESIRED OUTCOME That all staff who deal with foreign national prisoners and immigration detainees understand and comply with the processes agreed with the Border and Immigration Agency (BIA) and set out here to ensure that: foreign national prisoners are identified quickly by prisons and their cases referred to BIA, prisons communicate necessary information to BIA and Population Management Section (PMS) and make checks as detailed in mandatory actions at below. Staff in prisons alone cannot prevent prisoners and detainees suffering uncertainty about their immigration status and what will happen to them at the end of their sentence, this is the responsibility of BIA. However if staff complete the actions set out in this PSO, it will reduce uncertainty, ensure timely consideration by BIA and enable an appropriate allocation in the event of a prisoner being detained beyond their release date. In addition all staff must be aware of our legal obligations under the Vienna Convention and individual bi-laterals and meet them in terms of contact with embassies. MANDATORY ACTIONS This PSO contains mandatory actions relating to: notification upon first reception of a foreign national prisoner to the Border and Immigration Agency - BIA to be notified of non-eea and EEA nationals as required on CCD1 and CCD2 Prisons to provide a copy of the previous convictions with form CCD2 and again at 20 weeks before release; Prisons to contact PMS and CCD 20 weeks before release (not 8 weeks as previously); Prisons to contact PMS again at 14 days and 24 hours before release if no decision has been notified by BIA; At the 24 hour check, Population Management Section will contact the prison with the decision from BIA. Prisons to record all contacts with CCD and PMS on F2050;

3 PSO 4630 Page 2 notification to Population Management Section towards end of sentence in case the prisoner is to be detained further; All prisons must have a local policy for managing foreign national prisoners; Detainees to be treated as unconvicted prisoners; Bail information staff to include information on nationality and immigration in the reports to court; BIA to be informed when prisoners released from court on bail or time expired BIA to be informed when prisoners are released from court on a criminal charge but detained on an immigration warrant and numbers of detainees to be reported to PMS on a weekly basis; consideration of foreign national prisoners for HDC and ROTL; -Final decisions on HDC not to be made until confirmation of immigration status received; consideration of foreign national prisoners for removal under the Early Removal Scheme (ERS) or for early release on licence in accordance with Chapter 9 of PSO 6000; -All foreign nationals serving determinate sentences of 3 months or more to be considered under the ERS or for early release on parole; security classification and allocation to open conditions. -Individual risks to be assessed when foreign national prisoners are considered for Category D or open conditions or for ROTL taking into account a presumption that they will be deported at the end of sentence unless BIA have already decided that this will not happen. BIA to be advised by receiving prison of any change of location of a detainee; There are additionally a number of mandatory requirements relating to Communication with Embassies. Briefly, these are as follows: All Foreign National prisoners: All prisons must inform prisoners on first reception of their right to consular notification. This must be done by the first receiving establishment and must be recorded on the prisoner s record. Nationals of those countries with a Bilateral Convention (see Annex J), whether or not the country in question is also a signatory to the Vienna Convention: Prisons must notify embassies upon first reception of nationals of a country where a bilateral Consular Convention has been signed, and provide all appropriate information. Those countries who have signed the Vienna Convention but where no bilateral consular convention is in place. (see Annex K): In the absence of a request from a prisoner to have his/her embassy informed, prisons must not pass on the prisoner s details to his/her embassy Where a foreign embassy requests information on a prisoner or prisoners the prisoners permission for details to be released must be secured by prison staff before information is disclosed If the prisoner refuses then the prison must inform the embassy of the prisoners right of anonymity under Article 36(1)(c) of the Convention. The only exception is where a consular official is detained. Under these circumstances prisons must inform the Embassy either through the consulate or through diplomatic channels.

4 PSO 4630 Page 3 RESOURCE IMPLICATIONS Some resource implications may arise out of this PSO from prisons having to provide additional information to BIA. IMPLEMENTATION DATE: 4 February 2008 (signed) Michael Spurr Director of Operations Further advice or information on this PSO or the systems contained within it can be sought from: Offender Policy and Rights Unit / 1541

5 PSO 4630 Page 4 Contents 1.1 Introduction 1.10 Immigration Criteria for Deportation 1.13 Actions before Release 1.18 Local policy for managing Foreign National Prisoners 2.1 Bail and Bail Information 3.1 Legal status of Immigration cases 3.3 Release of FNPs 4.1 Legal Authorities for Detention 5.1 Allocation and Categorisation of those detained under the Immigration Acts 6.1 Provision of Information 7.1 Case Allocation within the Border and Immigration Agency 8.1 Escorting Immigration Detainees 9.1 The Early Removal Scheme and release on Licence of those prisoners liable to deportation 10.1 Repatriation 11.1 Home Detention Curfew 12.1 Release on Temporary Licence 13.1 Employment of Immigration Detainees 14.1 Security Classification Policy and Allocation to Open Conditions 14.7 Local Enforcement Offices 15.1 Release Arrangements 16.1 Facilitated Release Scheme 17.1 Transfer to Hospital Under the Mental Health Act 18.1 Communication with Embassies List of Annexes

6 PSO 4630 Page 5 Immigration and Foreign nationals in prison. 1.1 For the purposes of this PSO, a foreign national is a person who is not a British citizen. 1.2 All dual nationals must be referred to the Border and Immigration Agency, as in very exceptional cases, a person who has been naturalised may be considered for deprivation of British citizenship. Annex J, a sample questionnaire is included that can be used to help in establishing nationality. Anyone who refuses to confirm British Nationality, or about whose nationality there is doubt, should be referred to CCD to make further enquiries. (PSO 0500 Reception and PSO 0550 Induction) 1.3 Whilst European Economic Area (see Annex G) nationals generally have the right to live and work in the United Kingdom as set out in European law, they can be deported on public policy or public security grounds if they represent a genuine present and sufficiently serious threat affecting one of the fundamental interests of society. 1.4 The Border and Immigration Agency retains the right to deport or remove. 1.5 Cases need to be referred to the Criminal Casework Directorate (CCD) of the Border and Immigration Agency (BIA) on first reception to allow sufficient time for consideration. Otherwise foreign nationals may be held beyond the date of release from prison pending removal or deportation and this may result in additional pressures on population management as well as uncertainty among individual prisoners regarding the remaining time needed to complete their case. 1.6 Except for prisoners who are the subject of a court recommendation for deportation or where there are exceptional circumstances see (annex L), Irish prisoners (including those with dual nationality) should not be referred to Criminal Casework Directorate (CCD) for any purpose. 1.7 CCD will require additional information to ensure they are able to proceed with the deportation of those offenders who are EEA nationals and who meet the higher criteria introduced in recent EU legislation. They will request this information from Offender Managers (OMs). CCD may sometimes need to ask prison establishments for help in identifying the relevant OM. CCD will ask OMs for an assessment of "propensity to reoffend"; where there is no OASys assessment available, OMs may need to consult prison staff in order to provide such an assessment. The arrangements are set out in more detail in Probation Circular 11/2007 (which specifically deals with the processes around EEA nationals) issued to Chief Officers of Probation and available to Offender Managers. Staff should also look out for PC 32/2007 Management of Foreign National Prisoners: Licences, Bail Hearings, Releases from Immigration Detention and Deportation which supersedes PC 37/2006 Information Exchange between the BIA, Prison Service and NPD Regarding Licenses and Bail Hearings. MANDATORY: 1.8 Prisons must notify the Border and Immigration Agency at first reception of all non - EEA nationals, dual nationals and those whose nationality is initially unclear, for example, where there is conflicting information or where the prisoner refuses to give nationality, so that the BIA can establish their immigration status. 1.9 Prison staff must use form CCD1 (copy attached as Annex A) to notify the Border and Immigration Agency s Criminal Casework Directorate (CCD) of all non-eea nationals who have been remanded (unconvicted and unsentenced) if the establishment does not already hold an IS91 from the Border and Immigration Agency, (see contact details at Annex A).

7 PSO 4630 Page 6 Immigration Criteria for Deportation 1.10 Once convicted and sentenced, unless the prison is already holding a copy of form IS91, the following categories of foreign nationals must be referred to BIA CCD using form CCD2: All those recommended for deportation by a court: All EEA nationals sentenced to 24 months or more except Irish citizens (see 1.5a above)]; All non-eea nationals sentenced to 12 months or more; in respect of the current sentence; and All non-eea nationals sentenced to less than 12 months but where the current sentence plus one or two previous sentences within the last 5 years (taking account of the most significant sentences during the period) total 12 months or more. All those prisoners who meet the criteria above but whose nationality remains unclear See also paragraph 14.7 with regard to referring other foreign national prisoners to the Border and Immigration Agency 1.11 Prisons must ensure that: The information on whether or not the court recommended deportation is completed in all cases on the CCD2; and A copy of the previous convictions is provided. If it is not attached a reason should be given. If there are no previous UK convictions this should be clearly stated Where a prisoner has already been served with an IS91 the prison should liaise with the local enforcement office or port, which issued the IS91 to report developments in the trial. Actions Before Release 1.13 In order to prevent prisoners being released without consideration by BIA and reduce the number of those detained beyond the end of their sentence, prisons must notify the Population Management Section (PMS) and CCD, of immigration cases at least twenty weeks prior to the release date of the sentence, using the form attached at Annex D plus a further copy of the previous convictions If no decision has been received from the Border and Immigration Agency, PMS must be contacted again 14 days before the earliest possible release date (including the HDC eligibility date, where appropriate). If necessary, this contact must be repeated at 24 hours before release by telephone to PMS on / PMS will obtain a decision from CCD and must advise the prison on the action to be taken A record of all communications with the Border and Immigration Agency and with PMS must be recorded on the prisoner s F2050, including the name of the contact It is recognised that, in the case of very short-sentenced prisoners, referral will be immediately at first reception and that only the 14 day and/or 24 hour follow-up checks may be relevant.

8 PSO 4630 Page 7 Local policy for managing Foreign National Prisoners 1.18 Mandatory Action: All prisons must have a local policy for managing foreign national prisoners. Where the numbers of foreign national prisoners are significant, it may be appropriate to have a Foreign National Committee to supervise the policy. Bail and bail information 2.1 Foreign nationals are eligible for bail and should be provided with appropriate legal advice as for other defendants remanded in custody. Bail information schemes should not exclude remand prisoners who are or who may be foreign nationals. (PSO 6101 Bail Information Scheme). 2.2 In most local prisons new receptions are told about the bail information scheme as a group and it would be inappropriate and unnecessary to separate out foreign nationals at that stage. If they then seek help with bail it would be unlawful not to engage or to refuse help on the basis that they were foreign nationals. However it is important to ensure that a foreign national prisoner is identified as such for the court MANDATORY 2.3 Therefore bail information staff must: identify defendants who are or who may be foreign nationals; and include information on nationality and immigration in the bail information report to the CPS/court 2.4 Where bail information is to be provided to a court in respect of a prisoner who is known or believed to be a foreign national the bail information officer should ask the prisoner what nationality he or she is and seek to verify that information through BIA. 2.5 The bail information officer should obtain from BIA information on the prisoner s immigration status and/or confirmation that BIA have no interest in the defendant that would prevent release on bail. That information on nationality and immigration should then be included in the report. MANDATORY 2.6 Where there is reason to suspect that the prisoner is a foreign national but nationality cannot be verified and BIA cannot provide information in time for the next court appearance the bail information report must record that nationality and immigration status have not been verified. 2.7 These arrangements apply to all foreign nationals including EEA nationals. Legal status of immigration cases. 3.1 An immigration detainee is a person detained under the Immigration Acts. 3.2 Foreign National Prisoners may be subject to Immigration control whilst on remand, convicted but unsentenced or serving a custodial sentence. This means that a subject is detained sequentially; first by remand or conviction by the courts and then upon expiry of custodial sentence under an IS91 served by the Border and Immigration Agency.

9 PSO 4630 Page 8 Release of FNPs MANDATORY 3.3 Where a remand prisoner is awaiting consideration for deportation but is released by a court on bail or after a not guilty finding, s/he must be released in line with the order of the court, whether or not there are previous convictions, unless an immigration warrant is held. 3.4 Persons recommended for deportation by the Court, but who would otherwise be eligible for immediate release because of time spent on remand, may be detained on the Court s recommendation only where consideration of their case by BIA has taken place (Schedule 3 to the 1971 Immigration Act). In all cases, whether recommended for deportation or not, if no consideration has taken place and the sentence calculation has been confirmed, the prisoner must be released from court if: the custodial period has already expired; or the prisoner is sentenced to a lesser punishment (fine or community penalty) 3.5 If the sentence passed matches exactly the number of days served on the day of sentence, the normal expectation would be that the prisoner would be held until 5pm on that day to give CCD the opportunity to consider the case and to serve an IS91 if appropriate. CCD will telephone the prison and send the signed notice by fax to the custody office who will then telephone the escort contractor with instructions to return him/her to the prison. MANDATORY 3.6 Where a prisoner is released at court time served and there is no power to hold him/her, the custody office, on receipt of the sentence details, must check whether the prisoner meets the criteria at 1.8 above. If they do, contact must be made with CCD as soon as possible via PMS and any details necessary to locate him/her must be given Prisoners previously held under both Immigration Act powers and a court warrant who are released by the Court (for example, following a successful appeal) must be referred to CCD immediately by fax, marked for the attention of the duty Senior Caseworker or HM Inspector, making clear that only Immigration Act powers now apply. 3.8 IS91 weekly updates. Governors must ensure that details of prisoners held solely on an immigration detention order (IS91) are faxed or ed to Population Management Section using the form at Annex I every Monday, no later than 12 noon. The details must include: name of prisoner Prison number Length of sentence served Number of proven adjudications in the last six months Port reference (if available) Warrants must be thoroughly checked to ensure that the IS91 is the sole basis for detention and that no other warrants are outstanding 2. 1 Relevant information (where available) will be: full name, date and place of birth, nationality, any evidence of identity (passport, ID card, ARC card etc), immigration status (evidenced or claimed), language, Home Office reference number, permanent address (UK or abroad) 2 Establishments with a specialised role in relation to Foreign Nationals and Immigration Detainees, in agreement with PMS, will be exempted from carrying out this requirement.

10 PSO 4630 Page Persons detained only under the Immigration Act must be treated as unconvicted prisoners, with the same status and privileges The Border and Immigration Agency can only legally detain in pursuance of deportation and/or administrative removal from the United Kingdom Deportation requires authority from the Border and Immigration Agency Chief Executive and prohibits the deportee from re-entering the country until the Deportation Order has been revoked. Administrative removal can be sanctioned by officials in the Border and Immigration Agency. Not all subjects will have a right of appeal. (For further information on immigration appeals see Annex B) Where foreign national prisoners have reached the end of their custodial sentence but continue to be held in prison under the Immigration Act there is no automatic requirement to return them to a local prison, although they should be treated as unconvicted prisoners. (PSO 4600 Unconvicted, Unsentenced and Civil prisoners) Where a prisoner is held beyond the release date of a custodial sentence in a prison which does not normally hold unconvicted prisoners, the prisoner needs to be made aware that s/he will be held with convicted prisoners and his/her agreement must be recorded. (Annex C) If the Governor believes that the detainee needs to be held in a local prison or the prisoner refuses to remain in convicted conditions then PMS must be contacted to advise (See Annex D). Contact tel; or PMS@hmps.gsi.gov.uk. MANDATORY 3.15 BIA must be advised by the receiving prison of any change in the location of a detainee (see contact details at Annex A). BIA will need both Forename and Surname, a date of birth and a Home Office reference number. Legal authorities for detention. 4.1 The prison must hold one of the following legal authorities in respect of every immigration detainee: A deportation order issued by the Border and Immigration Agency; or An authority to detain issued by the Criminal Casework Directorate (form IS91); or An authority to detain issued by an Immigration Officer (form IS91). 4.2 Where a prisoner has been recommended for deportation by a court, BIA may consider continuing detention beyond release date. If BIA decides to continue detention they will provide the relevant detention paperwork. 4.3 Where a prisoner has not been recommended for deportation, detention beyond release date must be authorised by a caseworker from the Criminal Casework Directorate on form IS91 or by an Immigration Officer on an IS91 warrant (examples included at Annex E). Although the warrant should contain a photograph of the detainee, prisons may be requested to attach a photograph to the warrant. 4.4 All persons being detained solely by the Border and Immigration Agency should receive a monthly update on their case (on form IS 151F) and have a right to apply for bail, either to the Secretary of State, a Chief Immigration Officer or from the Asylum and Immigration

11 PSO 4630 Page 10 Tribunal. All detainees are notified by the Border and Immigration Agency on how to lodge such applications. 4.5 If at any point a detainee is considered to be at risk of self-harm or is a food/fluid refusal, Prisons should keep the Border and Immigration Agency informed about any developments. Allocation and Categorisation of those detained under the Immigration Acts. 5.1 Population Management Section liaises with the Immigration Service population managers (DEPMU) to determine the most appropriate location for the detainee to be held after expiry of a custodial sentence, should immediate removal not be possible. A protocol is in place between NOMS and BIA which sets out the criteria for allocation. In general terms, Immigration Detainees will only normally be held in prison accommodation in the following circumstances: National Security where there is specific (verified) information that a person is a member of a terrorist group or has been engaged in terrorist activities. Criminality those detainees who have been involved in the importation of Class A drugs, committed serious offences involving violence, or committed a serious sexual offence requiring registration on the sex offenders register. Security where the detainee has escaped prison or immigration custody, or planned or assisted others to do so. Control engagement in serious disorder, arson, violence or damage, or planning or assisting others to so engage. The above criteria are an initial guide to indicate the suitability of detainees for the IRC estate. It must be recognised that the behaviour of ex-fnp detainees will be the key factor as some who would be excluded by the above criteria may be sufficiently well behaved to merit transfer. It must be assumed that regardless of the guidelines any ex-prisoner who had been deemed suitable as a Cat. D will be acceptable for the IRC estate. When a detainee meets the above criteria they should be referred to PMS who will consider their allocation to a prison. Immigration detainees who fall into one or more of the following groups will remain in prison custody: Importation of class A drugs An offender subject to Notification Requirements (Sex Offender Registration) Life and Public Protection sentenced (under the CJA 2003) prisoners Those identified as presenting a risk or potential risk to children as set out in Safeguarding Children policy Offenders who need to be managed at MAPPA levels 2 and 3 Offenders identified on OASYS as high or very high risk of harm

12 PSO 4630 Page 11 Those subject to protection from harassment procedures under PSO 4400 chapter DEPMU handles both management of the population held in the Immigration Removal Centres, and the detainee escorting contracts. 5.3 DEPMU will require a risk assessment to enable them to consider an immigration detainee for transfer from a prison to a Removals Centre. The prison may therefore on occasions be asked to complete form IS91RA (supplied by the Border and Immigration Agency) in order to allow DEPMU to risk assess the subject s suitability for a transfer. The form requests information concerning the subject s behaviour in prison, and all relevant information, including adjudications, should be disclosed. 5.4 Categorisation of immigration detainees is covered in the National Security Framework (NSF). Hyperlink to NSF. Provision of Information. 6.1 It is important that the BIA is made aware of a potential case as early as possible to facilitate the speedy handling. (See paragraphs 1.6 and 1.14). BIA processes include: Considering the case with a view to deportation or administrative removal. Determining a subject s current immigration status and his/her nationality and identity where unclear. Considering applications for leave to remain or asylum in the United Kingdom. Passing appeals to the Asylum and Immigration Tribunal for consideration (Courts Service). Submitting Deportation Orders to the Border and Immigration Agency Chief Executive for signature. Securing the necessary travel documentation for the subject s removal. 6.2 The BIA needs information to enable full consideration of cases to determine whether a person is liable to deportation or administrative removal from the United Kingdom. This information may include: a copy of the Nominal Index Card (NIC), Order of Imprisonment, Court Certificate, police reports, pre-sentence reports, the judge s sentencing remarks, and assessment reports completed whilst the prisoner is serving sentence (i.e. risk assessments/adjudications). 6.3 Sometimes the Border and Immigration Agency may need to interview the prisoner or request the completion of a questionnaire to determine current status. 6.4 If you, as a member of staff at a prison, are asked to serve Immigration documents on a prisoner or detainee, you should read Annex B carefully before doing so. Case allocation within the Border and Immigration Agency. 7.1 Criminal cases where the sentence is twelve months or less are currently kept by the original port or local enforcement office. See list of ports and enforcement offices attached

13 PSO 4630 Page 12 at Annex F. However, ports and local enforcement offices sometimes arrange the removal of subjects on behalf of the Criminal Casework Directorate in Croydon once the Deportation Order has been signed by the Minister. 7.2 The detention of individuals not being considered for deportation (i.e. those who may be subject to administrative removal) is overseen and reviewed by the Management of Detained Cases Unit (MODCU) after 28 days beyond completion of the custodial sentence. Continued detention is reviewed at 28 days and every 28 days thereafter. 7.3 Enquiries about case management should be routed in the first instance to the port or local enforcement office; the MODCU duty officer (Tel: ) is the contact point for enquiries relating purely to notification of detention reviews (form IS151F). 7.4 The Criminal Casework Directorate (CCD) handles cases being considered for deportation where the prison sentence is over 12 months either in one sentence or as an aggregate of two or more sentences over a period of five years, or EEA nationals who have a sentence of 24 months or more. CCD reviews detention on its own cases, MODCU has no role in these. (CCD s contact details can be found at Annex A). Escorting Immigration Detainees. 8.1 Prison Governors are responsible for producing prisoners (those still serving a prison sentence). Governors will need to liaise with the Asylum and Immigration Tribunal (AIT) for further information see PSO 4625 Productions in Civil Proceedings (hyperlink). Prisons should invite the AIT to consider using Video link equipment where it is available and technically possible. 8.2 BIA is responsible for producing immigration detainees (those held solely under immigration powers) for immigration hearings. Detainees for these hearings will be produced by the BIA s escort contractor. The Early Removal Scheme (ERS) and release on licence of those prisoners liable to deportation. (Chapter 9 of PSO 6000) 9.1 Under current statutory provisions most foreign national prisoners subject to deportation or administrative removal from the United Kingdom and who are serving a determinate sentence of three months and over will be eligible for early removal. 9.2 However, prisoners who are serving an extended sentence will not be eligible for ERS. Prisoners who cannot be removed, for reasons such as asylum application or inability to obtain travel documentation, will also be ineligible. 9.3 Prisoners who are removed under the ERS and who return to the United Kingdom during the currency of their sentence are unlawfully at large and liable to be arrested and returned to custody to serve a period of imprisonment equivalent to the period spent on ERS. 9.4 The criteria for the early removal or release of deportees, set by the Secretary of State, focus on the need to protect the public from serious harm and the prevention of further offending. Please see Chapter 9 of PSO6000 (Parole, Release and Recall Manual) for further information about the Early Removal Scheme or the release arrangements (some aspects of which have been updated by PSI 28/2006) in respect of determinate sentence prisoners who are liable to deportation or administrative removal from the UK.

14 PSO 4630 Page 13 MANDATORY 9.5 All foreign national prisoners serving a determinate sentence of 3 months and over must be considered for eligibility for removal under the Early Removal Scheme. Those serving a determinate sentence of 4 years or more and who fall to be released under the provisions of the Criminal Justice Act 1991, must also be considered for early release on parole. Full details of the relevant processes, including those concerning the release on licence of a deportee and the necessary mandatory actions to be followed, are set out in Chapter 9 of PSO 6000, the Parole, Release and Recall manual. Repatriation 10.1 A sentenced prisoner can apply to serve the balance of his/her sentence in their own country where there is an international agreement in place between the UK and the country of origin There is no automatic right to repatriation, each case is considered on its merits. There must be agreement both by the UK and the country to which the prisoner wishes to be repatriated. The UK government will give the prisoner reasons for the decision if it refuses the request The process for application is explained in Annex H of PSO 2510 Prisoners Requests and Complaints Procedures The following conditions must be met: At least six months of the sentence remaining The prisoner must be a citizen of the country concerned They must not have any appeals outstanding The offence for which they have been convicted must also be an offence in the country concerned Both governments must agree 10.5 For the most recent list of the countries with whom we have repatriation agreements, please refer to the leaflet Foreign National Prisoners Repatriation and Early Release Scheme. Irish prisoners remain eligible for repatriation under the Repatriation of Prisoners Act. Home Detention Curfew 11.1 Prisoners who are liable to removal are statutorily excluded from HDC. In determining a prisoner s immigration status, where an IS91 has been issued or there is a court recommendation for deportation the prisoner is statutorily excluded. However, if the prison does not hold an IS91, the prisoner may still be liable to removal as the notification of a decision by BIA is not always accompanied by an IS Until the point at which BIA confirm the prisoner s status, they are eligible to be considered for release on HDC and the assessment process must be carried out as it would be for a domestic prisoner. In this respect there is no change to the current policy set out in PSO Irish prisoners who otherwise meet the Home Detention Curfew (HDC) eligibility criteria set out in PSO 6700 (as amended), may be considered for release on HDC unless there is a court recommendation for deportation or there are exceptional circumstances (as defined in Annex K) that merit referral to CCD.

15 PSO 4630 Page 14 MANDATORY 11.3 If, following completion of the HDC risk assessment, the Governor or Controller is minded to grant release to the prisoner on HDC, a final decision must not be made until confirmation has been received of the prisoner s immigration status. Prisons should adopt the checks set out at paragraph 1.11 above If, following the lawful release of the prisoner on HDC, BIA amend their decision, thus making the prisoner liable to removal, the prisoner is not liable to recall to prison on the original sentence unless s/he breaches the terms of the HDC licence The HDC helpline is available to answer queries on HDC eligibility. Tel: or Release on Temporary Licence (ROTL) 12.1 Details of eligibility requirements are contained in Chapter 5 of PSO 6300, Employment of immigration detainees 13.1 A non-eea national prisoner can only undertake outside paid employment, if he has prior leave so to do from the Border and Immigration Agency. Leave may only be granted if the person qualifies under a category within the Immigration Rules which allows employment to be taken. If an individual had leave to take employment at the point when he comes into custody, he may continue to work until such time as that leave expires, or he becomes the subject of a deportation order (section 5 of the Immigration Act 1971), whichever occurs first EEA nationals do not need permission to work in the United Kingdom as they benefit from the provisions of the Community Treaties allowing them to move freely for the purposes of work It is important to remember that the onus rests with the prisoner to prove that he/she has leave to take employment or is an EEA national. Where doubts exist about the authenticity of any documentation provided by the prisoner purporting to demonstrate that employment may be taken, advice may be sought from the Criminal Casework Directorate. Security Classification Policy and Allocation to Open Conditions 14.1 The overriding purpose of security classification is to ensure that prisoners are retained in custody with a level of security which is consistent with the need to prevent escape and to protect the public. Whilst any increased likelihood of deportation for foreign nationals given a custodial sentence may increase the risk of escape or absconding, foreign national prisoners sentenced to less than twelve months must be included in consideration for open conditions under paragraph 7 of PSI 46/2007. (see PSO 0900) Prisons should complete the CCD3 form Request for information for transfer of a prisoner to Category D/Open Conditions which is attached at Annex A and submit it to CCD by Fax on the number on the form or to the allocated Case Owner where they have contact details.

16 PSO 4630 Page 15 MANDATORY 14.3 Before a foreign national prisoner who meets the deport criteria and for whom a CCD2 has been sent, is classified, the individual risk must be assessed on the assumption that deportation will take place, unless a decision not to deport has already been taken by the BIA; a decision which must be recorded in the prisoner s record Each case must be individually considered on its merits but the need to protect the public and ensure the intention to deport is not frustrated is paramount. Category D will only be appropriate where it is clear that the risk is very low Whenever a change in deportation status is notified by BIA, establishments must review the prisoner s security classification and allocation to ensure that it is appropriate, given the change in circumstances It is essential that all staff involved in categorising prisoners or making decisions on recategorisation are made aware of these requirements. Local enforcement offices 14.7 Cases which fall outside the remit of CCD are likely to be of interest to other areas within the Border and Immigration Agency. In any case where the prison has not had previous contact with the Border and Immigration Agency, and therefore has no named contact, the Local Enforcement Office should be notified of the release from custodial detention, preferably no later than four weeks prior to the release date. Where contact has been made, the release should be notified to the named contact. A list of Local Enforcement Offices is at Appendix F. Release Arrangements 15.1 PSI 28/2006 Foreign National Prisoners Liable to Deportation sets out new arrangements for how a determinate sentence Foreign National Prisoner should be released and the mandatory actions that must be undertaken. Facilitated Returns Scheme 16.1 This scheme was introduced on 12 October 2006 and is available to non-eea FNPs only who volunteer to return home. It is operated by the Facilitated Returns Scheme team in BIA in conjunction with the International Organization for Migration (IOM) an independent international organisation. Eligible prisoners are: Non-EEA nationals who have completed the custodial part of their sentence and are being detained solely under immigration powers (time served); Non-EEA nationals eligible for the Early Removal Scheme (ERS); Non-EEA nationals from countries with whom we have a Prisoner Transfer Agreement The amount of assistance available varies according to the stage in the sentence at which the prisoner volunteers to return. The only cash given to prisoners qualifying for the scheme is the equivalent of the discharge grant given to British prisoners. The rest of the support is given in kind in their own country. This is likely to take the form of education, accommodation, healthcare, training, or assistance with starting a business. Copies of a leaflet explaining the scheme have been issued to all establishments and information is available on the Prison Service intranet.

17 PSO 4630 Page 16 Mandatory Actions 16.3 New mandatory actions were introduced in PSI 21/2007: indicate on relevant ERS form when a prisoner wishes to apply If they want to apply for the scheme, facilitate a phone call. Release the prisoner in line with usual arrangements when collected by immigration escorts for removal Transfers to hospital under the Mental Health Act 17.1 PSI 3/2006 TRANSFER OF PRISONERS TO AND FROM HOSPITAL UNDER SECTIONS 47 AND 48 OF THE MENTAL HEALTH ACT 1983 covers procedures for the transfer of prisoners to a secure hospital. In addition to the procedures set out in the PSI, when the prisoner is a Foreign National, the prison should ensure that the hospital is informed about the prisoner s immigration status and made aware of any additional risks this may present. Communication with Embassies 18.1 PSI 22/2007 formalised the existing procedures and actions relating to contact with Embassies for foreign national prisoners and immigration detainees, and is now incorporated into this PSO. This chapter will assist all staff who deal with foreign national prisoners and immigration detainees to understand what is required and enable prisons to comply with our international obligations The UK has individual Bi-lateral agreements with a number of countries, which require prison staff to report certain information to the consulates when a national of their country is received regardless of the views of prisoners Prisons are also required to provide certain information to consulates under the Vienna Convention on Consular Relations when requested to do so by the prisoner This applies to all foreign national prisoners and immigration detainees. Background 18.5 Notification of prisoners details to their embassies is governed by two types of international agreement; Individual Bilateral Consular Agreements The Vienna Convention on Consular Relations (1963) 18.6 What the prison is required to do depends on which of the agreements the country is a signatory to; see below for detail. Mandatory Actions 18.7 This chapter contains mandatory actions relating to: (a) All Foreign National prisoners

18 PSO 4630 Page 17 (b) (c) All prisons must inform prisoners on first reception of their right to consular notification. This must be done by the first receiving establishment and must be recorded on the prisoner s record. Nationals of those countries with a Bilateral Convention (see Annex M), whether or not the country in question is also a signatory to the Vienna Convention Prisons must notify embassies upon first reception of nationals of a country where a bilateral Consular Convention has been signed, and provide all appropriate information. Those countries who have signed the Vienna Convention but where no bilateral consular convention is in place. (see Annex N) In the absence of a request from a prisoner to have his/her embassy informed, prisons must not pass on the prisoner s details to his/her embassy Where a foreign embassy requests information on a prisoner or prisoners the prisoners permission for details to be released must be secured by prison staff before information is disclosed If the prisoner refuses then the prison must inform the embassy of the prisoners right of anonymity under Article 36(1)(c) of the Convention. The only exception is where a consular official is detained. Under these circumstances prisons must inform the Embassy either through the consulate or through diplomatic channels. Individual Bilateral Consular Agreements 18.8 The United Kingdom has signed forty bilateral consular agreements with foreign countries. If you receive a national of the countries in Annex M, you must inform their embassy on reception or as soon as possible. The prisoner cannot block the disclosure of details. Prisons must notify embassies of nationals of a country where a bilateral Consular Convention has been signed, upon first reception. This must be done as soon as practically possible once nationality has been established. This must be recorded in the F2050 Core Record. Prisons must declare all appropriate information. This will include; Full Name, Date of Birth, Location, Prison Number, Offence and Sentence Length (where available) The attached letter (Annex P) should be sent to the Embassy when a prisoner who claims to be from one of these countries is received into the prison. The acknowledgement slip once received back into the prison should be copied to CCD and filed on the prisoner s F2050. Vienna Convention on Consular Relations (1963) If you receive a national from any other country you must inform him/her of the right to have access to his/her embassy. However you must only disclose information to the embassy if the prisoner has given you permission to do so. If the prisoner does not want the embassy to be informed you must respect his/her right to anonymity. If you receive a request for information (i.e. whether you have any of their nationals in custody) from an Embassy of a country which has only signed the Vienna Convention, you should refer it to Offender Policy Rights Unit In the absence of a request from a prisoner to have his/her embassy informed, prisons must not pass on the prisoner s details to his/her embassy (except in cases where the United Kingdom has signed a Bilateral Consular Convention with the country of origin of that prisoner).

19 PSO 4630 Page Where a foreign embassy requests information on a prisoner or prisoners in an establishment the prisoners permission for his details to be release must be secured in writing by prison staff (except in cases where the United Kingdom has signed a Bilateral Consular Convention with the country of origin of that prisoner) see pro forma attached at Annex Q. A draft letter to send to the Embassy is attached at Annex R. If the prisoner refuses then the prison must inform the embassy of the prisoner s right of anonymity under Article 36(1)(c) of the Convention. If the prisoner accedes to the release of his/her information this should be noted on their record The only exception is in the detention or imprisonment of a consular official as set out in Article 42 of the Vienna Convention. Under these circumstances prisons must inform the Embassy either through the consulate or through diplomatic channels All prisons must inform prisoners on first reception of their right to consular notification. This must be done by the first receiving establishment and must be recorded. But it also must be done where it is apparent that this has not been done by the previous establishment. This must be recorded in the F2050 Core Record. Signatories to both VCCR and a bilateral Consular Convention Where a foreign country has signed both the Vienna Convention on Consular Relations and a bilateral Consular Convention, prisons must follow the requirements of the bilateral Consular Convention with regard to disclosure of information to Embassies Where a prisoner is from a country which has signed neither a bi-lateral agreement nor the Vienna Convention, they should be treated under the terms of the Vienna Convention. Access to Prisoners and Communications Where a prisoner consents, Embassy staff should be given access to a prisoner who is a national of that country. Under the terms of the VCCR 1963 prisons need to be aware that prisoners have the right to see Embassy staff; Consular officers shall have the right to visit a national of the sending country [the foreign country] who is in prison, custody or detention, to converse and correspond with him and arrange for his [or her] legal representation However this can only happen once the prisoner has given his/her consent for his embassy to be notified and he/she has the right to withdraw consent for contact with the embassy at any time Visits with Consular officials should generally take place in sight but out of hearing range of prison staff. Any such visit would fall into the category of a special visit and as such should not be counted against a prisoner s statutory entitlement. (see PSO 4410 Visits and PSO 4411 Correspondence). Telephone Calls Under the terms of the VCCR telephone calls to confirmed embassy lines are granted the same status as that of a legal representative and must not be recorded For further information on telephone calls to Embassies and High Commissions refer to PSO 4400 Chapter 4.

20 PSO 4630 Page 19 Deaths in Custody Prisons must inform Embassies of a death in custody in the manner set out in the Prison Service Order, Follow up to Deaths in Custody For further information refer to PSO 2710 Follow up to Deaths in Custody.

21 PSO 4630 Page 20 LIST OF ANNEXES Annex A Annex B Annex C Annex D Annex E Annex F Annex G Annex H Annex I Annex J Annex K Annex L Annex M Annex N Annex O Annex P Annex Q Annex R Annex S Criminal Casework Contact Details CCD1, CCD2 and CCD3 notification documents Flowcharts for notification Border and Immigration Agency document serving documents on prisoners subject to immigration control Detainees in Convicted Conditions Form Contacting Population Management Section Border and Immigration Agency sample documents List of Ports and Local Enforcement Offices Prison Service Information and Guidance Immigration Service Information and Guidance deportation and removal of Foreign National Prisoners Population Management Weekly Update sentence-expired detainees held solely on IS91 Establishing Nationality : Suggested Additional Questions Deportation of Irish Prisoners Country Codes List of Countries with whom the United Kingdom has signed a Bilateral Consular Convention List of Signatories to the Vienna Convention on Consular Relations (VCCR) 1963 List of Countries with no Bilateral Consular Convention and who have not signed the Vienna Convention on Consular Relations Letter to Embassy where a Bi-Lateral Agreement is held Pro Forma to record that Prisoner agrees to Embassy Contact Letter to Embassy under the Vienna Convention where prisoner agrees to contact Embassy/High Commission Addresses and Telephone Numbers

22 PSO 4630 Page 21 ANNEX A NOTIFICATION TO CRIMINAL CASEWORK DIRECTORATE OF A NEW IMMIGRATION CASE Remand and unsentenced prisoners must be notified to CCD on form CCD1. Sentenced prisoners must be notified to CCD only by fax on form CCD2.. Establishments accepting prisoners from other establishments must check the prisoner s record to ensure that CCD has already been notified, particularly where a remand or unsentenced prisoner has now been sentenced. Form CCD2 forms the top sheet of a package of documents to be submitted. For prisoners who have less than 6 months to serve before their first eligible release date (including the HDC eligibility date, where appropriate), the form and supporting documentation must be submitted by fax within 24 hours of reception. Form CCD3 should be completed when a prisoner who has already been notified to CCD is being considered for transfer to Category D/Open conditions. For prisoners who have more than 6 months to serve before their first eligible release date, the form and supporting documentation must be submitted within 1 month of reception. CCD has requested, in order to allow its staff to prioritise workloads, that all referrals are only made in the above manner. New Notification Criminal Casework Directorate 10th Floor Lunar House 40 Wellesley Road Croydon CR9 2BY Telephone enquiries: Fax: & CCDIRT.Queries@ind.homeoffice.gsi.gov.uk Link to CCD1 Link to CCD2 Link to CCD3

23 PSO 4630 Page 22 Criminal Casework Directorate Annex A CCD2 Referral from Name and contact telephone number Date of referral Offender Manager Contact number All boxes must be completed. If the question is not appropriate put N/A, if the information is not known, put Not Known. Prisoner Details Actual Alias Surname Other names Date of birth EEA National Yes/No Earliest date of release Place and country of birth Claimed current Nationality Date of arrival in UK Claimed length of residence in the UK Protecting the public, removing foreign criminals Prison number C-NOMIS Number (where known) Any known BIA Reference Numbers (ie Home Office Reference or Port Reference) PNC Reference Number National Insurance number (where known) Is this person subject to a confiscation order? Yes/No

24 PSO 4630 Page 23 Conviction, Offence and Sentence Details Details of current offence (s) Sentenced to (state years/months) Conviction date Sentence date Recommended for deportation Yes/No Court of sentencing End of imprisonment (Date on which custodial element of sentence ends) Earliest date prisoner could be removed under Early Removal Scheme Will the prisoner become eligible for parole? Yes/No If yes, when? Is the subject a MAPPA nominal? Does the prisoner have an EPP, an IPP or an extended sentence under CJA 1991? Does the Prisoner have any previous convictions? Yes/No Yes/No Yes/No Is this case being referred exceptionally? Yes/No If so, why?

25 PSO 4630 Page 24 Documentation held Does the prisoner have a passport in their property? Any other official documents (ID card/ birth certificate/ marriage certificate/ driving licence) Yes/No Yes/No Enclosures (to be sent by post) Photocopy of passport Photocopy of official documents Nominal Index Card Court Warrant Order of Imprisonment Clear copy of fingerprints PNC report Yes/No Yes/No Yes/No Yes/No Yes/No Photographs Other

26 PSO 4630 Page 25 Notes on completion All boxes must be completed. If the question is not appropriate, put N/A in the box. If you do not have the answer, put Not Known. Referral from Date of referral Name and contact telephone number Offender manager contact number Surname Other names Date of birth Earliest date of release EEA national The place and country of birth Claimed current nationality Date of arrival in UK Claimed length of residence in UK Prison number C-Nomis number (where known) Any Known BIA Reference nos PNC reference number National insurance number (where known) Is this person subject to a Confiscation Order? Details of current offence Sentenced to Conviction date Sentence date Recommended for deportation Court of sentencing Insert Prison/YOI name Name and telephone number of person sending referral Prisoner's surname and any known aliases Prisoner's forename and any known aliases Claimed date of birth and any known aliases Y/N. The nationality the prisoner claims to be - give details of any evidence of this Once C-Nomis is rolled out, the system will produce a number for each record includes Home Office Reference numbers or Port reference Y/N Outstanding confiscation orders only. What offence was the prisoner imprisoned for? What was the sentence given by the court? Y/N End of imprisonment (Date on which custodial element of sentence ends) Earliest date for ERS Eligible for parole What is the earliest date the prisoner could be release (conditional release date) What is the earliest date that the prisoner may be eligible for the Early Removal Scheme When will the prisoner be eligible for parole MAPPA nominal EPP, IPP or extended sentence Y/N. Y/N.

27 PSO 4630 Page 26 Does the prisoner have any previous convictions If a PNC report is not being submitted then this section must be completed with details of previous convictions and sentence given Referred exceptionally If so, why? Y/N. A reason for exceptional referral where the subject lies outside CCD s normal criteria for EEA nationals these are: Does the prisoner have a passport in their property? Any other official documents Photocopy of passport Photocopy of official documents Nominal Index Card Court Warrant Order of Imprisonment Clear copy of fingerprints PNC report Photographs Other Where the court has recommended deportation Where the prisoner has been designated a MAPPA nominal (if tier is known, tiers 2 and 3 only) Where the prisoner is serving an Extended sentence for Public Protection (EPP), an indeterminate sentence of Imprisonment for Public Protection (IPP) or an extended sentence under the Criminal Justice Act 1991 Where the prisoner has a previous conviction for a sexual or violent offence that attracted a sentence of 2 years or more. If no passport ask prisoner where current passport now is and record below. Y/N. Submit photocopy of passport - ensure all reference numbers, place of issue and date of issue visible. Record location of passport if not in property. Submit copies of all official identification and state what provided Y/N. Y/N. Y/N. Y/N. Y/N. State if 2 photographs supplied or give reason if not supplied State what is being submitted

28 PSO 4630 Page 27 Request for Information for transfer of a prisoner to category D/Open Conditions From : Name of Prison Contact telephone number Contact Fax number Date : Concerning : Prisoner surname Prisoner first names All aliases used Date of birth Nationality Prison number Port ref Home Office ref Length of sentence Release date Convicted for CCD3 To: Workflow Team 1, Criminal Casework Directorate, Border and Immigration Agency, 10 th floor, Lunar House, Croydon. FAX Reply from CCD Is the prisoner subject to any enforcement action against them under the Immigration Act 1971? Is there any intelligence or information which would help the Prison Service risk assess the prisoner s suitability for open conditions. Eg: family ties (either in Britain or country of origin), strong community links, information about country of origin or country removal. Reasons for objecting :

29 PSO 4630 Page 28 REFERRAL OF REMAND PRISONERS TO THE BORDER AND IMMIGRATION AGENCY PS refers case to CCD on CCD1 (unconvicted/unsentenced) CCD assess whether the subject has leave to be in the UK Subject has leave Is the subject liable to administrative removal? NO YES CCD refers the case to the BIA Local Enforcement Office (LEO) to consider current status to assess whether the subject is liable to be removed administratively in the event of acquittal or short sentence CCD holds case, awaiting outcome of trial; if acquitted, BIA has no further interest BIA has no interest in the subject unless he/she is convicted LEO awaits outcome of trial if acquitted, subject will be removed; if convicted, CCD considers whether the subject should be deported rather than being removed administratively

30 PSO 4630 Page 29 REFERRAL OF CONVICTED PRISONERS TO THE BORDER AND IMMIGRATION AGENCY Subject is convicted and sentenced; PS refers the case to CCD on CCD2 CCD assess whether the subject is liable to be deported Subject is not liable to be deported CCD issues the subject with notice of intention to make a deportation order 12 mths before earliest date of release Subject is liable to be deported Yes CCD asks LEO to arrange removal Is the subject liable to be removed administratively by LEO? No Any applications for leave to stay in the UK must be considered by CCD, and any appeal considered by the Asylum and Immigration Tribunal (AIT) If subject s appeal is dismissed /withdrawn/waived by the subject, CCD submits a submission to the Chief Executive of the BIA with Deportation Order for signature CCD issues the subject with a warning letter; BIA has no further interest in the subject unless he/she is convicted in the future Signed Deportation Order is sent to Prison for service Does the subject have a valid passport or other travel document? Yes No CCD must submit an application for an emergency travel document (ETD) to the Embassy or High Commission CCD sets removal directions; any late representations or applications to stay in the UK must be considered before removal. If they cannot, removal directions must be deferred

31 PSO 4630 Page 31 SERVING DOCUMENTS ON PRISONERS SUBECT TO IMMIGRATION CONTROL ANNEX B This note provides a brief overview of the immigration appeals procedure. It has been prepared for prison staff who have an interest in this area, and in particular for those who are required to serve prisoners with legal notices on behalf of the Border and Immigration Agency (BIA). It is intended purely as background information. Prison Service staff must not offer advice on immigration law or procedures. There is no requirement to do so: even when serving official notices, this entails merely acting as a postman (the majority of the Immigration notices issued by the Border and Immigration Agency are posted to applicants at their home address). All the necessary explanation will be given in the notice itself and anything further could mislead. The provision of immigration advice is strictly controlled under Part V of the Immigration and Asylum Act 1999, as amended by Section 37 of the Asylum and Immigration (Treatment of Claimants, etc) Act Even officers who may have experience of dealing with immigration cases and will wish to be as helpful as possible, should still explain that they are not qualified to give advice. Prisoners who have been (or who are being) served with a decision that attracts the right of appeal will find telephone numbers for sources of legal advice among their appeal papers. The notice of decision The appeal process begins with the refusal of an application and service of the notice of decision. All notices of decision, if they attract the right of appeal, must meet the same legal requirements. Consequently, they all look very similar. Some examples are attached to give an idea of the basic format. The notice of an appealable decision must be served with an appeal form and a note on sources of advice and assistance Serving the notice This is a question of giving the notice, together with any accompanying papers, to the person it names. If BIA ask the Prison Service to arrange for documents to be served, BIA will check that the documents are correct. Prison staff are not expected to do anything more than very basic checking - such as ensuring that any faxed documents are legible, and that the specified number of pages has been transmitted. If you are asked to date a notice, please do so. BIA staff will sometimes leave the date of a notice blank, as the time limit on appealing commences from the moment of service and CCD will not know when the prison will be able to serve it. At worst, a failure to date the notice can lead to serious problems at the appeal; at best, it gives the appellant's legal representatives an easy way of casting doubt on Home Office competence. Appealing The time limit to appeal is 10 working days for serving prisoners and 5 working days for detainees. The appeal form may either be returned to the custody office for onward dispatch to the Asylum and Immigration Tribunal (AIT) or returned directly to the Tribunal by a legal representative. Those who do not already have a legal representative should be directed to the notice of decision (or separate notice enclosed with it), which gives telephone numbers of various organisations that can help find a qualified adviser. Obviously it is important that contact with an adviser is made as soon as possible, and a telephone should be made available. Again, prison staff should not be giving any more advice than is absolutely necessary to maintain a reasonable relationship. You are, essentially, the postman. Prisoners with anything other than the most rudimentary queries should be invited to contact a qualified legal adviser.

32 PSO 4630 Page 32 If the subject indicates that he/she does not wish to appeal or wishes to withdraw an outstanding appeal or application to stay in the United Kingdom, please notify the Border and Immigration Agency at once. If a disclaimer form is not provided with the notice, the caseworker will arrange for one to be faxed to the custody office for signature by the subject. If the subject is in immigration detention and serves the appeal form on the custody office, the person receiving it must endorse it with the date on which he or she received it, and forward it to the AIT at Asylum and Immigration Tribunal, PO Box 7866, Loughborough, LE11 2XZ or by fax to within two days. This is in order to comply with the AIT s Procedure Rules. It should not be sent to BIA. After the appeal form has been completed, it is sent to the Asylum and Immigration Tribunal (Court Service) in preparation for a hearing before an Immigration Judge or Tribunal Panel. The Asylum and Immigration Tribunal then lists the appeal for a hearing. This may take several months. The hearing is a fairly formal affair in court, in front of an Immigration Judge or Tribunal Panel. The appellant and legal representative may attend, together with any other witnesses the appellant may wish to call. The appellant and witnesses may give evidence by answering questions from the legal representative, and if they do they will probably be cross-examined by a Home Office presenting officer from BIA. The representative and presenting officer then make submissions to the Immigration Judge or Panel. The Tribunal normally send out a formal document (the determination) within 2 weeks. This sets out whether the appeal is allowed or dismissed, and the reasons for this decision. Once the determination has been promulgated the losing party may apply for a reconsideration of the Immigration Judge s / Panel s decision. This must be done within 1 week of the determination being promulgated. If this application is unsuccessful the only form of redress would be to a higher court.

33 PSO 4630 Page 33 DETAINEES IN CONVICTED CONDITIONS FORM ANNEX C FORENAME PRISON NUMBER SURNAME DATE OF BIRTH I understand that I cannot be held in unconvicted conditions at HMP/YOI and agree to be held with convicted prisoners. SIGNED DATE ANY OTHER COMMENTS

34 PSO 4630 Page 34 CONTACTING POPULATION MANAGEMENT SECTION ANNEX D NOTIFYING POPULATION MANAGEMENT SECTION. (Please fax to ). ESTABLISHMENT DATE PRISON NUMBER OFFENCE FULL NAME SENTENCE ALIAS/OTHER NAME (if any) RELEASE DATE DATE OF BIRTH ADJUDICATIONS (If applicable) AND ANY OTHER COMMENTS NATIONALITY PORT/H.O. REFERENCE

35 PSO 4630 Page 35 ANNEX E BORDER AND IMMIGRATION AGENCY SAMPLE DOCUMENTS IS 91 RA Part A IS 91 RA Part B IS 91 RA Part C ICD.2207 Notice of Refusal of Leave to Enter ICD.2213 Decision to remove an Illegal Entrant ICD.1070 Decision to make a Deportation Order ICD.0242 Warning Letter

36 PSO 4630 Page 36 LIST OF PORTS AND LOCAL ENFORCEMENT OFFICES ANNEX F Phone: Fax: ABERDEEN AIRPORT ABERDEEN ENFORCEMENT OFFICE /4/ ASHFORD INTERNATIONAL TERMINAL BECKET HOUSE (E London Enforcement Office) /10/ /21/63/0132 BEDFORD ENFORCEMENT UNIT BELFAST INTERNATIONAL AIRPORT / All casework matters are handled by UKIS Liverpool. BELFAST ENFORCEMENT & REMOVALS BIRMINGHAM INTERNATIONAL AIRPORT BOSTON - ENFORCEMENT & REMOVALS BOURNEMOUTH INTERNATIONAL AIRPORT (Hurn) All post to be addressed to the Poole Office BRISTOL AIRPORT All mail must be addressed to the Portishead office BRISTOL - ENFORCEMENT & REMOVALS (Portishead) / /555 CAMBRIDGE AIRPORT CARDIFF INTERNATIONAL AIRPORT CARDIFF ENFORCEMENT UNIT - ST. HILARY'S COURT /4/ /70 CARLISLE AIRPORT CHERITON CHANNEL TUNNEL TERMINAL COMMUNICATIONS HOUSE (N London Enforcement Office) / /89 CROYDON ENFORCEMENT UNIT / 593/315/ /468/372

37 PSO 4630 Page 37 Phone: DALLAS COURT - NW ENFORCEMENT (Salford) /32/81 Fax: /25/80 DORSET ENFORCEMENT OFFICE (Poole) /17/ DOVER ENFORCEMENT & REMOVALS /13/ EAST MIDLANDS AIRPORT EAST MIDLANDS ENFORCEMENT UNIT (Derby) /2 EATON HOUSE (W London Enforcement Office) / /5 EDINBURGH AIRPORT EDINBURGH ENFORCEMENT UNIT / FELIXSTOWE ENFORCEMENT UNIT GATWICK NORTH /097 GATWICK SOUTH GATWICK IMMIGRATION PROSECUTION UNIT (GIPU) /13/ GLASGOW AIRPORT GLASGOW ENFORCEMENT UNIT /01/ /98/29 HARWICH INTERNATIONAL PORT HEATHROW AIRPORT TERMINAL / HEATHROW AIRPORT TERMINAL / /67 HEATHROW AIRPORT TERMINAL /00/ /38 HEATHROW AIRPORT TERMINAL / HEATHROW IMMIGRATION PROSECUTION UNIT (HIPU) HOLYHEAD HUMBERSIDE AIRPORT

38 PSO 4630 Page 38 Phone: Fax: HUMBERSIDE ENFORCEMENT OFFICE (Hull) / INVERNESS AIRPORT KENT ARREST TEAM & REPORTING CENTRE (Folkestone) /50/ LEEDS/BRADFORD INTERNATIONAL AIRPORT LEEDS WATERSIDE - NE ENFORCEMENT UNIT /994/ /8 LIVERPOOL AIRPORT CITY AIRPORT LUTON AIRPORT MANCHESTER AIRPORT TN / MANCHESTER AIRPORT TN MANCHESTER AIRPORT TN / MID-KENT ENFORCEMENT UNIT (Chatham) / MIDLANDS ENFORCEMENT UNIT (Solihull) /08/229/ /180 NEWCASTLE AIRPORT / NEWHAVEN NORFOLK ENFORCEMENT OFFICE (Swaffham) NORTH SHIELDS NORWICH AIRPORT PLYMOUTH PLYMOUTH ENFORCEMENT & REMOVALS / POOLE PORTSMOUTH PORTSMOUTH ENFORCEMENT & REMOVALS / / / PRESTWICK AIRPORT RELIANCE HOUSE (Liverpool Enforcement) /012/ /88

39 PSO 4630 Page 39 ROBIN HOOD AIRPORT (DONCASTER) Phone: Fax: SOUTHAMPTON INTERNATIONAL AIRPORT (EASTLEIGH) SOUTHAMPTON ENFORCEMENT & REMOVALS SOUTHEND AIRPORT SOUTH YORKSHIRE ENFORCEMENT UNIT (Rotherham) /5 STANSTED AIRPORT STANSTED ENFORCEMENT UNIT / ST. IVES ENFORCEMENT UNIT /25/ /3 SWANSEA SWANSEA ENFORCEMENT & REMOVALS TEESSIDE INTERNATIONAL AIRPORT TEESSIDE ENFORCEMENT OFFICE (Stockton on Tees) TYNESIDE ENFORCEMENT OFFICE (North Shields) /40/ BIA HEADQUARTERS/MISC. UNITS Phone: Fax: ASYLUM AND IMMIGRATION TRIBUNAL (AIT) DETAINEE ESCORTING & POPULATION MANAGEMENT UNIT (DEPMU) / IS DOCUMENTATION UNIT (ISDU) /2712/2556/ /18/2299 JUDICIAL REVIEW UNIT (JRU) OPERATIONAL SUPPORT CASEWORK UNIT (OSCU) /40 THIRD COUNTRY UNIT (TCU)

40 PSO 4630 Page 40 IMMIGRATION REMOVAL/RECEPTION CENTRES Phone: Fax: CAMPSFIELD HOUSE (Kidlington, Oxon) /63 DOVER (Dover, Kent) DUNGAVEL (Strathaven, S Lanarkshire) HARMONDSWORTH (West Drayton/Heathrow) HASLAR (Gosport, Hampshire) LINDHOLME (Nr. Doncaster, S Yorkshire) OAKINGTON (Longstanton, Cambridgeshire) TINSLEY HOUSE (Gatwick) YARLSWOOD (Clapham, Bedfordshire)

41 PSO 4630 Page 41 PRISON SERVICE GUIDANCE GENERAL INFORMATION Travel Documents ANNEX G All foreign nationals being removed from the United Kingdom require a travel document. In some instances the Border and Immigration Agency is able to create its own travel document (known as an EU letter), but in other instances an application must be made to the prisoner s Embassy or High Commission. Applications can take several months to be approved where there is little or no supporting evidence to establish nationality and identity. It is therefore imperative that the Border and Immigration Agency is provided with any documentation from the prisoner s property where it will assist with an application. Whilst it is good practice to obtain the prisoner s permission before passing a passport or identity card on to the Border and Immigration Agency, legislation currently being passed will allow the Border and Immigration Agency to take any documentation relevant to the case without the prisoner s permission. It is also important to remember that the documents do not belong to the prisoner, rather his/her government, and in cases where permission is refused, the document should be photocopied for the Border and Immigration Agency and then posted to the Embassy or High Commission. The Border and Immigration Agency will then make a request for the document directly from the Consular Section. Arrangements may also be made for a member of the Border and Immigration Agency to attend the prison and collect the document. The Border and Immigration Agency regularly requires photographs and fingerprints of foreign nationals and Immigration Officers have their own cameras/fingerprint kits for this purpose. The Border and Immigration Agency has given an undertaking that photographs will only be taken of the prisoner s head and shoulders to form part of an application for a travel document or for its own identification purposes. Whilst prisons may take photographs on behalf of the Border and Immigration Agency, quantity and quality required varies from nationality to nationality, depending on what is stipulated by the Embassy/High Commission, and so it may therefore be easier to allow immigration officers to take their own photographs. The Border and Immigration Agency understands security issues affecting prisons but establishments are asked to be as flexible as possible in allowing immigration officers to bring cameras to interviews. Where a prisoner fails to co-operate with an immigration officer in having his/her fingerprints taken, prison officers are empowered to take them under Section 141 of the Immigration & Asylum Act 1999 using reasonable force, where a request is made in writing to the Governor. Accession Countries and the EEA The following countries are members of the EU/EEA. This includes those countries who joined on 1 st May 2004: 1. Belgium 2. France 3. Germany 4. Italy 5. Luxembourg

42 PSO 4630 Page Netherlands 7. Denmark 8. Ireland 9. UK 10. Greece 11. Portugal 12. Spain 13. Austria 14. Finland 15. Sweden 16. Cyprus 17. Czech Republic 18. Estonia 19. Hungary 20. Latvia 21. Lithuania 22. Malta 23. Poland 24. Slovakia 25. Slovenia 26. Bulgaria 27. Romania Nationals of Switzerland are now considered as EEA nationals under the Immigration (EEA) Regulations 2006 and should be treated as such for the purposes of this PSO. Further enlargement of the EEA is likely. The above list includes Bulgaria and Romania who joined on 1 January Turkey, Croatia and Macedonia are currently candidate countries for EU Accession. Immigration Surgeries in Prisons Where Governors hold a number of immigration cases and/or detainees, it is good practice to approach the Criminal Casework Directorate in Croydon to arrange Immigration Officers to visit the establishment to hold surgeries. Immigration Officers are able to give short presentations to small groups of staff and prisoners to explain how the immigration system operates in general terms as well as to take questions either in a group or on a one-to-one basis. This can facilitate detainees both receiving and passing on information about their case to the Border and Immigration Agency.

43 PSO 4630 Page 43 The Border and Immigration Agency prefers to keep groups to a maximum of 30 in order to keep the session informal and manageable. Where surgeries do not already exist, it is preferable for prisoners being released within the following 6-12 months to be seen first.

44 PSO 4630 Page 44 IMMIGRATION AND NATIONALITY GUIDANCE Deportation and Removal of Foreign National Prisoners ANNEX H Please note that this is not an official document produced by BIA for providing advice; it is merely meant as a guide to Prison Service staff in order to assist them in their understanding of how BIA operates. Please remember that every immigration case is different and it is therefore difficult to explain in detail how the system operates. The masculine form is used throughout to refer to both male and female. Deportation What is a Deportation Order? A Deportation Order is a formal document signed by the Chief Executive of the Border and Immigration Agency which: requires the named person is to be removed from the United Kingdom; prohibits him from re-entering the UK; allows for the subject s detention until such time as he is removed. For how long is a Deportation Order valid? Deportation Orders do not have an expiry date and they remain valid until such time as they are revoked. They are normally only revoked upon application by the subject and applications are considered on a case by case basis taking account of all factors, including the nature of the offence, likelihood of re-offending, ties to the UK and previous immigration behaviour. Revocation of a deportation order does not automatically give a person the right to re-enter the country. He must still satisfy an Immigration Officer on entry that he qualifies for entry under the Immigration Rules and be in possession of a valid visa or entry clearance if required. Who can be deported? Any foreign national may be deported from the United Kingdom if convicted of an offence which carries a term of imprisonment. A foreign national is defined as a person who does not have the right of abode in the United Kingdom. Broadly speaking, these are British nationals or persons who hold certain documents issued by the United Kingdom. Whilst EEA nationals normally have the right to work and live in the United Kingdom under EEA law, they can be deported if their presence is not conducive to the public good which would prohibit them from re-entering the country like any other deportee. What happens if a deportee returns to the United Kingdom? A deportee detected on arrival at a port or airport is refused leave to enter and removed from the country. There is no need for BIA to obtain a new Deportation Order in these cases; such persons are removed from the country on completion of any prison sentence.

45 PSO 4630 Page 45 Types of Deportee Court Recommended Cases A foreign national may be recommended for deportation by a Court so long as he has been warned of the possibility in writing at least seven days in advance of sentencing. This warning is normally given to the subject by the police, on form IM3 at the time he is charged with the offence, but it can be done at anytime thereafter. If BIA intends to act on the recommendation, it is part of the prisoner s sentence. He may therefore appeal against it as part of his appeal against sentence or conviction and may be held by the Prison Service beyond his sentence on the Court s warrant whilst CCD considers its position. Non-Conducive Cases If the Court makes no recommendation, the Secretary of State may nonetheless deport the person on the grounds that his continued presence in the United Kingdom is not conducive to the public good. The process of deporting a person is the same as for those who are recommended by the Court. How does BIA consider deportation cases? Consideration of the Referral from the Prison Service The Criminal Casework Directorate is a specialist team of caseworkers and immigration officers based in Croydon and Liverpool, that considers all foreign nationals sentenced to a term of imprisonment. The team asks for all foreign nationals to be referred for consideration, regardless of whether the prisoner has been recommended for deportation by the Court or not. Referrals are on form CCD2 by the discipline office by post or by fax at the point of sentence. CCD undertakes an initial sift of all in-coming referrals, checking for other BIA files. Fingerprints are also checked against BIA s own fingerprint database. It then considers whether deportation is appropriate, taking account of any recommendation by the Court, the nature of the offence, previous convictions, information available concerning ties to the United Kingdom and length of residence. CCD generally initiates deportation proceedings against the following persons: a) All persons who receive a court recommendation; or b) For non-eea nationals: A custodial sentence of 12 months or more either in one sentence, or as an aggregate of 2 or 3 sentences over a period of 5 years. c) For EEA nationals: A custodial sentence of 24 months or more (with the exception of Irish prisoners who will only be considered where there are exceptional circumstances). Those cases not being considered for deportation will normally be issued with a warning that if they return to prison again in the future, deportation will be seriously considered. The case may, if not an EEA national, be referred to the Border and Immigration Agency s local enforcement office (LEO) nearest to the prison to examine whether the subject may nonetheless be removed in accordance with other parts of the immigration legislation (see below). Initiating deportation proceedings Where deportation is to be initiated, there are three parts in non-conducive cases and two parts in court recommended cases: 1. If the prisoner was not court recommended, he is first of all served with a notice informing him of his liability to deportation. He then must put forward any reason why he should not

46 PSO 4630 Page 46 be deported. A failure to put forward any relevant material will not at this stage have an effect on a later right of appeal. 2. If the prisoner does not respond or, following consideration of the information put forward by him, BIA decides to pursue deportation anyway, he is then served with a formal decision notice informing him of an intention to deport him to either the country of which he is a national or a country which last issued him with a travel document. Court recommended cases receive this notice straight away. It is service of this document, which triggers the right of appeal against the decision to make a Deportation Order. At this stage, the prisoner is formally warned that he must now put forward all information he wants to be considered as part of that appeal, and any failure to do so may disadvantage him at a later stage. This is known as the One-Stop Appeal. (see Appeals ). Appeal Appeals rights are complex and cannot be fully explained here. Some cases will have a right of appeal before removal, some will only have a right of appeal after removal and others will have no right of appeal at all. Deportation cases generally have a right of appeal before removal against the decision to make a Deportation Order, but whatever the case, the BIA decision notices will always carefully explain what right of appeal the subject has, how he can appeal, any time limit attached to submitting an appeal, and where he may obtain assistance in completing the appeal and being represented at any hearing. Where an appeal right exists, whether before or after removal, the prisoner is required to submit all information he wants to be considered at the time of hearing. A failure to do so, may lead to the new information being disregarded. In deportation cases, the appeal must be lodged with the CCD. It passes the file to BIA s Appeal Processing Centre (APC), where all relevant papers are collated. The APC then refers the appeal to the Asylum and Immigration Tribunal (AIT). The AIT is part of the Ministry of Justice, and like the judiciary, those who hear the appeals are independent of the government. Most appeals are heard at one of its numerous courts sited around the country. An Immigration Judge will normally consider the appeal first; if it is dismissed, certain cases may seek a review of the dismissal by a higher court, or appeal to the Court of Appeal and even the House of Lords. If the appeal is allowed by the Immigration Judge, the Home Office may equally be able to challenge the decision, but if at the end of such action the decision to make a Deportation Order is overturned, the prisoner may not on this occasion be deported. The Deportation Order If the prisoner does not appeal, or the courts rule that CCD is correct in seeking to deport him, the caseworker completes a submission for the Chief Executive of the Border and Immigration Agency detailing all the facts of the case and submits a Deportation Order for signature. Deportation Orders are normally returned to the caseworker by Private Office within 48 hours. The caseworker will then send the Deportation Order to an immigration officer for service, but in some cases they may be sent to the prison by fax for service. BIA ask that a copy of the Order is signed by the serving officer and dated before being faxed back to CCD. The prison officer is only acting as a postman and is entitled to serve the document on BIA s behalf. Once the deportation order has been served removal directions will be set (see Removal below).

47 PSO 4630 Page 47 Removal Under Other Aspects of Immigration Legislation There are some cases when BIA chooses not to deport someone. However, if he is not an EEA national, he may still be liable to be removal under other parts of the immigration legislation: 1. Passengers Refused Leave to Enter the United Kingdom The control of non-eea nationals is governed by the Immigration Rules, which sets out the criteria which must be met by every person in order to qualify for entry into the United Kingdom. People come to this country for a variety of reasons and the Immigration Rules set the criteria for all the different types, e.g. as a tourist visitor, student, working-holiday maker, etc). Every non-eea national requires leave to enter the United Kingdom which is granted either by the possession of a valid visa obtained from a British Embassy abroad or by an immigration officer at the port of entry. Visas and leave to enter are only given where the officer is satisfied that the person meets the requirements of the Immigration Rules. If a passenger does not qualify for entry or the visa was obtained by deception, the immigration officer will normally refuse leave to enter and arrange for the person to be removed from the country. Removal will normally be to the port of embarkation or to the country of origin. Such persons are, however, free to return to the United Kingdom at any time, so long as they are in possession of a valid visa if required, and that the immigration officer is satisfied on the new occasion that he now qualifies for entry under the Immigration Rules. 2. Illegal Entrants An illegal entrant is anyone who enters the United Kingdom without the leave of an immigration officer (for example clandestinely in the back of a lorry); or enters by practising deception (by either lying to the immigration officer or by successfully using a forged passport); or enters again after having been deported (remember, that a deportation order prohibits a subject from re-entering the United Kingdom); If encountered, these subjects may be arrested and removed administratively by an immigration officer. It is normal then to remove them at the first available opportunity either to their own country or to another country which has issued them with a valid travel document. Any application for leave to remain in the UK must be considered before the Border and Immigration Agency seeks to remove them. If refused, some applications will attract a right of appeal before removal, some will attract a right of appeal once the person has left the country, and some have no right of appeal at all. 3. Breach of Conditions of Leave to Enter or Remain A non-eea national who is granted leave to enter the United Kingdom will normally have conditions attached to that leave, for example setting a time limit on how long he may remain in the country, prohibiting employment (paid or unpaid) or seeking recourse to public funds (eg this

48 PSO 4630 Page 48 includes all forms of payment benefits such as job-seekers allowance, and access to public services such as the National Health Service). If a person breaks any of those conditions, for example by overstaying or working illegally he may be removed from the country administratively in the same way as an illegal entrant. The Border and Immigration Agency will normally seek to remove him at the earliest opportunity. Examples Here are some examples of how a prisoner might not be deported, but may be nonetheless subject to removal action: 1. A passenger arrives at a port and is found to be travelling on a forged passport. He is refused leave to enter the country by an immigration officer at the port. He is convicted of using a forged passport and sentenced to six months imprisonment but is not recommended for deportation. BIA decides not to deport him. However, as he has been refused leave to enter an immigration officer may arrange for his removal from the country on completion of his sentence. He is, however, free to return in the future so long as he holds a genuine passport, valid visa if required and qualifies for entry under the Immigration Rules. 2. A person enters the country clandestinely in the back of a lorry. As he avoided seeing an immigration officer, he has not been given leave to enter the country and has therefore entered illegally. He is subsequently arrested for an offence, convicted and sentenced to nine months imprisonment but is not recommended for deportation. BIA decides not to deport him. However, as he has entered the UK illegally, an immigration officer may arrange for his removal from the country on completion of his sentence. He is, however, free to return in the future so long as he returns lawfully with a genuine passport, holds a valid visa if required and qualifies for entry under the Immigration Rules. 3. A person is given leave to enter the UK as a visitor. His passport is stamped to say that he may only stay for a maximum of six months and may not take employment. However, within three weeks he finds a job and does not leave after six months. He has therefore broken the conditions attached to his leave on two counts, firstly by taking employment and secondly by overstaying. He is subsequently arrested for another offence, convicted and sentenced to four weeks imprisonment but is not recommended for deportation. BIA decides not to deport him. However, as he has breached the conditions of his leave, an immigration officer may arrange for his removal from the country on completion of his sentence. He is, however, free to return in the future so long as he returns lawfully, holds a valid visa if required and qualifies for entry under the Immigration Rules. Detention and Release The Border and Immigration Agency always seeks to process cases in line with prisoners release dates, but this is sometimes not possible due to a variety of reasons. Sometimes the Border and Immigration Agency only learns about a prisoner close to the end of his sentence, sometimes prisoners make very late applications to stay in the country or lodge late appeals which have to be considered; sometimes there is difficulty in obtaining the correct travel documentation to allow for his removal. In all cases, the Border and Immigration Agency will consider whether it is appropriate to grant the subject release on a restriction order or bail or whether it is necessary to detain him pending conclusion of the case.

49 PSO 4630 Page 49 Conditions are always attached to a person s release, normally requiring him to reside at a specific address, to report regularly to the nearest Border and Immigration Agency reporting centre, and prohibiting the taking of employment. If granted bail, sureties are normally required who will deposit money in advance, which may be seized if the subject absconds. If detained, a subject can apply at any time for his release either to the Border and Immigration Agency or to the Asylum and Immigration Tribunal (AIT). The decision to maintain detention is always examined in line with current policy, and is reviewed regularly by senior officers to ensure that the case is being progressed quickly and that the decision to detain is correct and just. Detainees are sent an initial letter explaining the reasons why they are being detained and how they can apply to be released. Thereafter, they are sent a letter once a month explaining the present state of their case. Court Appearances Detainees may have to attend one of the immigration courts from time to time. This will normally be to attend an appeal hearing, or for a bail hearing if they have applied to the Asylum and Immigration Tribunal. Removal The Border and Immigration Agency normally seeks to remove those persons with no lawful basis in the United Kingdom. However, before removal can be affected, any barriers which have arisen must be resolved. These can be numerous, but the most commons ones are: 1. Lack of a travel document All persons require a travel document of some description to travel internationally and this includes immigration removal cases. Many of our subjects do not, however, possess a valid passport either because he never possessed one and entered the country illegally, it has expired, become lost or he has deliberately destroyed it. Some countries allow their citizens to travel on a national identity card (particularly EEA nationals), others will allow the Border and Immigration Agency to produce its own travel document, known as an EU letter where supported by background information about the subject (known as bio-data ), but others require an emergency travel document (ETD) to be issued by the nearest Embassy or High Commission. Where an ETD is required, an application form must be completed and submitted with photographs and any other supporting evidence to substantiate the nationality and identity. Some countries have other requirements, for example some require fingerprints. For some countries the process is fairly quick, but for others it can be very lengthy, taking several months and may include an interview with an Embassy official. The Border and Immigration Agency is therefore particularly interested in any relevant documentation in a prisoner s property which may be of use in securing the required travel document for his removal (for example any home country identity related documents) and we always encourage prisoners to assist us in the documentation process. 2. Late applications Any application for permission to stay in the United Kingdom (including asylum) must be considered before we can remove a person. In some cases this will be a relatively straight forward process, which can be resolved within hours, but for others it may take weeks, particularly where it is an application for asylum which will involve a long interview to take

50 PSO 4630 Page 50 full details of why the prisoner feels he cannot return to his own country. Such applications must then be considered by a caseworker and if refused may lead to a right of appeal before removal. For this reason, we encourage prisoners to make any applications they wish to be considered at the earliest possible moment, but we cannot force them to do so. Sometimes representations are made to the Border and Immigration Agency by solicitors or an MP concerning the case; we always try to resolve these matters in time for the removal, but occasionally we may have to defer the removal whilst the matter is resolved. 3. Availability of flights Most immigration removals take place on scheduled flights, which have to be booked in advance. Where an airline or shipping company which brought the person to the UK can be identified, the legislation allows the Border and Immigration Agency to require that carrier to arrange for the person s removal at their own cost. There can therefore be a slight delay whilst flights are being booked and details passed back to the Border and Immigration Agency. In other cases, removal may be at public expense. In either case, however, airlines restrict the number of immigration removals it will allow on each flight and in many cases this is a maximum of two or one if escorted. Busy periods of the year, particularly around Christmas and Easter, can restrict the number of seats available even further. In some instances, the Border and Immigration Agency may charter a flight, particularly on difficult routes or when a prisoner proves particularly difficult to remove, but this involves long negotiations with the receiving country to allow us to charter such a flight. Enforcement of the Removal Once removal directions have been set, the prisoner or detainee will be notified of the flight details. Notification is also sent to the Immigration Service s Detention Estate and Population Management Unit (DEPMU) who will arrange for the subject to be collected from the prison and taken to the airport for the flight. The subject is taken straight to the aircraft and placed aboard. Where flights depart early in the morning, the detainee is normally taken to an Immigration Service Removal Centre if considered a low-risk, or to police cells close to the airport. Those subjects who are considered to have a special need or who give us good reason to believe they may be disruptive or a threat to other passengers are normally escorted on board during the flight and presented to the immigration authorities of the country to which they are being removed.

51 PSO 4630 Page 51 Annex I Population Management Weekly Update Sentence-Expired Detainees Held Solely on IS91 Establishment: Date: Full Name Prison No Port Reference Offence Sentence Served No of Proven Adjudications (in past 6 months) To be faxed to PMS on or ed to PMS@hmps.gsi.gov.uk by 1200hrs each Monday Issue No /01/08 Issue date

52 PSO 4630 Page 52 ESTABLISHING NATIONALITY: SUGGESTED ADDITIONAL QUESTIONS ANNEX J It is important for the effective management of foreign national prisoners that the correct nationality of a prisoner is established as early as possible. This is not an easy task but it is an increasingly important one. Accurate information on nationality is vital for deportation decisions and with the move towards a greater presumption on deportation for non-eea nationals, it will also become increasingly important for sentence planning purposes. Accurate statistics are also needed for Ministers, Parliament and the public. The Home Secretary s Eight Point Plan includes actions to improve the recording of nationality by other agencies in the criminal justice system but these may take some time to put in place. In the meantime we need to do what we can to improve the quality of the recording of nationality on LIDS/IIS. The following sample questions are intended to provide some guidance on ways in which you may be able to establish nationality more accurately, in cases where there is some uncertainty. They are based on questions that Immigration staff use for the same purpose. [Following on from standard reception/induction questions] What is your family name? Do you use any other names? Where were you born? What was your last address outside the UK? Do you have a passport? If yes: number, issuing Government, place and date of issue, valid until? If no: do you have any other evidence/documents that establish your nationality or identity? What is your mother s/father s name? Where were they born? Who was your last employer in your home country? What schools did you attend? Do you have a doctor in your home country? Address? What is your religion? Where is your place of worship in the UK? - in your home country

53 PSO 4630 Page 53 Deportation of Irish Prisoners Annex K Deportation of Irish prisoners will only be appropriate in exceptional circumstances. These cases, by definition, will be rare. However, as a guide, the following may be appropriate for deportation and should therefore continue to be referred to BIA using CCD2: Where an offence involves national security matters 3 or crimes that pose a serious risk to the safety of the public or a section of the public. This might be where a person has been convicted of a terrorism offence, murder or a serious sexual or violent offence and is serving a sentence of 10 years or more (a custodial period of 5 years or more). This would include life sentences and those serving other indeterminate sentences for public protection with a tariff of 5 years or more. 3 Offences committed under the Terrorism Act 2000, Crime and Security Act 2001, the prevention of Terrorism Act 2005 and the Terrorism Act 2006.

54 PSO 4630 Page 54 Annex L Country Codes The International Organization for Standardization (ISO) codes for representation of names of countries as used by the Immigration Service. Country AFGHANISTAN ALBANIA ALGERIA AMERICAN SAMOA ANDORRA ANGOLA ANGUILLA ANTARCTICA ANTIGUA AND BARBUDA ARGENTINA ARMENIA ARUBA AUSTRALIA AUSTRIA AZERBAIJAN BAHAMAS BAHRAIN BANGLADESH BARBADOS BELARUS BELGIUM BELIZE BENIN BERMUDA BHUTAN BOLIVIA BOSNIA AND HERZEGOWINA BOTSWANA BOUVET ISLAND BRAZIL AFG ALB DZA ASM AND AGO AIA ATA ATG ARG ARM ABW AUS AUT AZE BHS BHR BGD BRB BLR BEL BLZ BEN BMU BTN BOL BIH BWA BVT BRA

55 PSO 4630 Page 55 BRITISH INDIAN OCEAN TERRITORY BRUNEI DARUSSALAM BULGARIA BURKINA FASO BURUNDI CAMBODIA CAMEROON CANADA CAPE VERDE CAYMAN ISLANDS CENTRAL AFRICAN REPUBLIC CHAD CHILE CHINA CHRISTMAS ISLAND COCOS (KEELING) ISLANDS COLOMBIA COMOROS CONGO, Democratic Republic of (was Zaire) CONGO, People's Republic of COOK ISLANDS COSTA RICA COTE D'IVOIRE CROATIA (local name: Hrvatska) CUBA CYPRUS CZECH REPUBLIC DENMARK DJIBOUTI DOMINICA DOMINICAN REPUBLIC EAST TIMOR ECUADOR EGYPT IOT BRN BGR BFA BDI KHM CMR CAN CPV CYM CAF TCD CHL CHN CXR CCK COL COM COD COG COK CRI CIV HRV CUB CYP CZE DNK DJI DMA DOM TLS ECU EGY

56 PSO 4630 Page 56 EL SALVADOR EQUATORIAL GUINEA ERITREA ESTONIA ETHIOPIA FALKLAND ISLANDS (MALVINAS) FAROE ISLANDS FIJI FINLAND FRANCE FRANCE, METROPOLITAN FRENCH GUIANA FRENCH POLYNESIA FRENCH SOUTHERN TERRITORIES GABON GAMBIA GEORGIA GERMANY GHANA GIBRALTAR GREECE GREENLAND GRENADA GUADELOUPE GUAM GUATEMALA GUINEA GUINEA-BISSAU GUYANA HAITI HEARD AND MC DONALD ISLANDS HONDURAS HONG KONG HUNGARY SLV GNQ ERI EST ETH FLK FRO FJI FIN FRA FXX GUF PYF ATF GAB GMB GEO DEU GHA GIB GRC GRL GRD GLP GUM GTM GIN GNB GUY HTI HMD HND HKG HUN

57 PSO 4630 Page 57 ICELAND INDIA INDONESIA IRAN (ISLAMIC REPUBLIC OF) IRAQ IRELAND ISRAEL ITALY JAMAICA JAPAN JORDAN KAZAKHSTAN KENYA KIRIBATI KOREA, DEMOCRATIC PEOPLE'S REPUBLIC OF KOREA, REPUBLIC OF KUWAIT KYRGYZSTAN LAO PEOPLE'S DEMOCRATIC REPUBLIC LATVIA LEBANON LESOTHO LIBERIA LIBYAN ARAB JAMAHIRIYA LIECHTENSTEIN LITHUANIA LUXEMBOURG MACAU MACEDONIA, THE FORMER YUGOSLAV REPUBLIC OF MADAGASCAR MALAWI MALAYSIA MALDIVES MALI ISL IND IDN IRN IRQ IRL ISR ITA JAM JPN JOR KAZ KEN KIR PRK KOR KWT KGZ LAO LVA LBN LSO LBR LBY LIE LTU LUX MAC MKD MDG MWI MYS MDV MLI

58 PSO 4630 Page 58 MALTA MARSHALL ISLANDS MARTINIQUE MAURITANIA MAURITIUS MAYOTTE MEXICO MICRONESIA, FEDERATED STATES OF MOLDOVA, REPUBLIC OF MONACO MONGOLIA MONTSERRAT MOROCCO MOZAMBIQUE MYANMAR NAMIBIA NAURU NEPAL NETHERLANDS NETHERLANDS ANTILLES NEW CALEDONIA NEW ZEALAND NICARAGUA NIGER NIGERIA NIUE NORFOLK ISLAND NORTHERN MARIANA ISLANDS NORWAY OMAN PAKISTAN PALAU PALESTINIAN TERRITORY, Occupied PANAMA MLT MHL MTQ MRT MUS MYT MEX FSM MDA MCO MNG MSR MAR MOZ MMR NAM NRU NPL NLD ANT NCL NZL NIC NER NGA NIU NFK MNP NOR OMN PAK PLW PSE PAN

59 PSO 4630 Page 59 PAPUA NEW GUINEA PARAGUAY PERU PHILIPPINES PITCAIRN POLAND PORTUGAL PUERTO RICO QATAR REUNION ROMANIA RUSSIAN FEDERATION RWANDA SAINT KITTS AND NEVIS SAINT LUCIA SAINT VINCENT AND THE GRENADINES SAMOA SAN MARINO SAO TOME AND PRINCIPE SAUDI ARABIA SENEGAL SEYCHELLES SIERRA LEONE SINGAPORE SLOVAKIA ( Slovak Republic) SLOVENIA SOLOMON ISLANDS SOMALIA SOUTH AFRICA SOUTH GEORGIA AND THE SOUTH SANDWICH ISLANDS SPAIN SRI LANKA ST. HELENA ST. PIERRE AND MIQUELON PNG PRY PER PHL PCN POL PRT PRI QAT REU ROU RUS RWA KNA LCA VCT WSM SMR STP SAU SEN SYC SLE SGP SVK SVN SLB SOM ZAF SGS ESP LKA SHN SPM

60 PSO 4630 Page 60 SUDAN SURINAME SVALBARD AND JAN MAYEN ISLANDS SWAZILAND SWEDEN SWITZERLAND SYRIAN ARAB REPUBLIC TAIWAN TAJIKISTAN TANZANIA, UNITED REPUBLIC OF THAILAND TOGO TOKELAU TONGA TRINIDAD AND TOBAGO TUNISIA TURKEY TURKMENISTAN TURKS AND CAICOS ISLANDS TUVALU UGANDA UKRAINE UNITED ARAB EMIRATES UNITED KINGDOM UNITED STATES UNITED STATES MINOR OUTLYING ISLANDS URUGUAY UZBEKISTAN VANUATU VATICAN CITY STATE (HOLY SEE) VENEZUELA VIET NAM VIRGIN ISLANDS (BRITISH) VIRGIN ISLANDS ( U.S.) SDN SUR SJM SWZ SWE CHE SYR TWN TJK TZA THA TGO TKL TON TTO TUN TUR TKM TCA TUV UGA UKR ARE GBR USA UMI URY UZB VUT VAT VEN VNM VGB VIR

61 PSO 4630 Page 61 WALLIS AND FUTUNA ISLANDS WESTERN SAHARA YEMEN YUGOSLAVIA ZAMBIA ZIMBABWE WLF ESH YEM YUG ZMB ZW

62 PSO 4630 Page 62 ANNEX M LIST OF COUNTRIES WITH WHOM THE UNITED KINGDOM HAS SIGNED A BILATERAL CONSULAR CONVENTION Armenia Austria Azerbaijan Belarus Belgium Bosnia-Hercegovina Bulgaria China Croatia Cuba Czech Republic Denmark Egypt France Georgia Germany Greece Hungary Italy Japan Kazakhstan Mexico Moldova Mongolia Montenegro Netherlands Norway Poland Romania Russian Federation Serbia Slovakia Slovenia Spain Sweden Tajikistan Turkmenistan Ukraine United States of America Uzbekistan

63 PSO 4630 Page 63 ANNEX N LIST OF SIGNATORIES TO THE VIENNA CONVENTION ON CONSULAR RELATIONS (VCCR) 1963 (Either as original signatories or as subsequent signatories) Albania Egypt Lebanon Algeria El Salvador Lesotho Andorra Equatorial Guinea Liberia Angola Eritrea Libya Antigua & Barbuda Estonia Liechtenstein Argentina Fiji Lithuania Armenia Australia Finland Luxembourg Austria France Madagascar Azerbaijan Gabon Malawi Bahamas Georgia Malaysia Bahrain Germany Maldives Bangladesh Ghana Mali Barbados Greece Malta Belarus Grenada Marshall Islands Belgium Guatemala Mauritania Belize Guinea Mauritius Benin Guyana Mexico Bhutan Haiti Micronesia Bolivia Holy See (Vatican City) Moldova Bosnia Hercegovina Honduras Monaco Brazil Hungary Mongolia Bulgaria Iceland Montenegro Burkina Faso India Morocco Cambodia Mozambique Cameroon Indonesia Myanmar Canada Iran Namibia Cape Verde Iraq Nepal Central African Republic Irish Republic Netherlands Chile Israel New Zealand China Italy Nicaragua Colombia Ivory Coast Niger Congo, Democratic Republic of Jamaica Nigeria Congo, Republic of Japan Norway Costa Rica Jordan Oman Croatia Kazakhstan Pakistan Cuba Kenya Panama Cyprus Kiribati Papua N/Guinea Czech Republic Korea, North Paraguay Denmark Korea, South Peru Djibouti Kuwait Philippines Dominica Kyrgyzstan Poland Dominican Republic Laos Portugal Ecuador Latvia Qatar Romania Thailand Russian Federation The Former Yugoslav Republic Macedonia Rwanda Timor Leste Saint Lucia Togo Saint Vincent & the Grenadines Tonga

64 PSO 4630 Page 64 Samoa Sao Tome & Principe Saudi Arabia Senegal Serbia Seychelles Singapore Slovakia Slovenia Somalia South Africa Spain Sri Lanka Sudan Suriname Sweden Switzerland Syria Tanzania Tajikistan Trinidad & Tobago Tunisia Turkey Turkmenistan Tuvalu Ukraine United Arab Emirates United Kingdom United States of America Uruguay Uzbekistan Vanuatu Venezuela Vietnam Yemen Zimbabwe

65 PSO 4630 Page 65 ANNEX O A LIST OF COUNTRIES WITH NO BILATERAL CONSULAR CONVENTION AND WHO HAVE NOT SIGNED THE VIENNA CONVENTION ON CONSULAR RELATIONS Afghanistan Burundi Ethiopia Gambia Guinea-Bissau Nauru San Marino Sierra Leone Zambia

66 PSO 4630 Page 66 Letter to Embassy where a Bi-Lateral Agreement is held Prison Address The First Secretary Embassy/High Commission Address Annex P Date Dear First Secretary HM Prison Service is writing in fulfilment of its obligation under the Bilateral Consular Convention signed between the UK and [country name]. [Prisoner name] has stated that they are a citizen of [country name] We would appreciate if you could complete the attached slip to confirm that: - [Name] - [Date of birth] - [Prison number] - [Sentence Length] - [Offence] Detained in [HMP/YOI] is a national of your country, within 14 days of this letter. [.has expressed a desire that the Consulate contacts them to arrange a visit] Yours faithfully Name The Consulate can/cannot confirm that held in.. is a citizen of Signed Telephone number:

67 PSO 4630 Page 67 Annex Q Pro Forma to record that Prisoner agrees to Embassy contact Consent to Consular Access Form I.give permission to Prison Service staff at HMP.. to contact the Embassy/High Commission of...and give them my: Name.. Date of Birth Prison Number Place of Birth (Delete as appropriate) I would like to have contact with my Embassy/High Commission:- Yes/No