The number of foreign national offenders released from UK prisons without being deported has reached a record high under the Labour government, with 19,779 individuals remaining in the community as of the end of March. This figure represents an increase of nearly 1,200 from the previous year and a rise of approximately 2,200 since Labour took power in July 2024.
Official data reveals that, on average, three foreign national offenders were released into the community each day over the 12 months leading up to March. The total number of foreign offenders living in Britain who have not been deported has surged by over 400 percent since 2012, when the figure was below 4,000.
Foreign criminals are intended to be transferred to immigration detention facilities upon completion of their prison sentences, pending deportation. However, their detention is contingent on there being a "realistic prospect of imminent removal." Many individuals reportedly delay or prevent their deportation by lodging late asylum claims or allegations of trafficking, which Home Office sources suggest are often unsubstantiated.
In parallel, the Ministry of Justice under the Labour government has released over 60,000 prisoners early, after they had served just 40 percent of their sentences. This early release scheme was introduced in autumn 2024 by Home Secretary Shabana Mahmood when she led the Ministry of Justice, with the stated aim of alleviating pressure on overcrowded prisons.
Despite an increase in deportations, with 5,858 foreign criminals removed from Britain in the year to March (a rise of 13 percent), the number of offenders remaining in the community continues to grow. It remains unclear why deportations are not keeping pace with the number of foreign nationals being released.
Proposed Changes to Criminal Responsibility Age
Separately, the government is considering an increase to the age of criminal responsibility in England and Wales. Justice Secretary David Lammy stated that the government will evaluate whether the current law adequately reflects modern understanding of childhood, vulnerability, and development. A report by the Bar Council has recommended raising this minimum age to 14. The prospect of such a change has drawn criticism, with concerns raised by Denise Fergus, the mother of James Bulger, that it could be perceived as permitting juvenile offenders to act with impunity. Shadow Home Secretary Chris Philp criticized Labour's approach, arguing that all foreign criminals should be deported and that claims related to asylum or modern slavery should not impede removal processes.