The Early Removal of Short-Term and Long-Term Prisoners (Amendment of Requisite Period) Order 2008

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the definition of “the requisite period” in section 46A(5) of the Criminal Justice Act 1991. Under section 46A the Secretary of State may remove from prison a short-term or long-term prisoner who is liable to removal under section 46(3) of that Act and who has served the requisite period. The prisoner may be removed from prison only for the purpose of removal from the United Kingdom.

This Order removes the requirement that a prisoner serving a sentence of between three and four months must serve 30 days before the prisoner can be removed from prison.

This Order provides that a prisoner serving less than three years must serve one-quarter of the term before the prisoner can be removed from prison.

This Order also brings forward the time at which a prisoner serving a sentence of three years or over can be removed from prison, by increasing the period from 135 days less than half the term to 270 days less than half the term.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.