Double Punishment:
The treatment of foreign national prisoners
Francesca Cooney is the Advice and Information Manager for The Prison Reform Trust.1
A foreign national prisoner (FNP) is defined in
prison service policy as someone who does not
hold a UK passport. It is not easy to generalise
about who this term covers as it encompasses
people of different nationalities and statuses.
Very many will have been in the UK legally at the
time of their arrest. Some have lived in the UK for
a long time, others are economic migrants looking
for a better life, and still others are fleeing
persecution from their homeland.
At the end of June 2012, there were 10,861
people classed as foreign national prisoners in England
and Wales and 1,949 whose nationality was not
recorded.2 They came from 160 countries. However,
over half were from ten countries — Jamaica, Poland,
Republic of Ireland, Nigeria, Romania, Pakistan,
Lithuania, India, Somalia and Vietnam.3
The following list is not exhaustive but foreign
national prisoners may be:
Foreign citizens with British partners and
children
People brought into the country as children
with their families
Asylum seekers with indefinite leave to
remain
European and Irish Nationals
People trafficked as drug carriers or for
menial labor or sex work
People who had legal permission to be in the
UK, which expired during time in prison
People who entered the country on false
documentation who were arrested at point
of entry
There are significant numbers among this group
who have the right to live and work in this country.
There are others, such as those trafficked or facing
persecution in their country of origin that we have a
duty to protect. In addition, there are people in prison
who were brought to this country as very young
children. Many people come here legally with their
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families, who may not have got their status regularised.
They therefore have few or no links to other countries.
They grow up within the education system and get
work here. They may not realise that they are not
actually UK citizens until they enter prison and have
their status assessed by the immigration authorities.
Then, they and their families have to face the prospect
of them being deported away from their home and
community to a country where they have no
connections.
In a fair system, deportation and removal decisions
would be made on a case-by-case basis, looking at an
individual’s situation thoroughly. The pressures on
UKBA to deport people and the lack of resources mean
this often does not happen. The blanket policies, such
as an assumption of deportation for non EEA nationals
with a sentence of a year or more and procedures that
are driven by an aim to remove as many people as
possible from the country, lead to a deeply unfair and
biased system.
One reason that the prison system is currently
failing to meet the needs of this population is
because, all too often, it treats foreign national
prisoners as though they are a homogenous group. It
is important that UKBA and the prison service have a
more accurate understanding of the different
circumstances of people in UK prisons and respond
accordingly.
The Prison Reform Trust’s advice and information
service responds to around 6,000 requests for help a
year. Through this work, and research with people in
prison and prison staff, we are aware of the difficulties
many foreign national prisoners encounter when
attempting to navigate the dual challenges of the
immigration and prison systems. This article looks at
the current difficulties that foreign national prisoners
are experiencing. It also discusses how the prison
service has changed the way it manages and supports
foreign national prisoners as a result of the
government’s proactive agenda of deporting foreign
national prisoners.
A charity working to create a fair and decent prison system. The PRT receives no government funding in order to maintain
independence (www.prisonreformtrust.org.uk).
Table 1.6, Ministry of Justice (2012) Offender Management Statistics Quarterly Bulletin, January to March 2012, London: Ministry of
Justice
Ibid.
Issue 205
Prison Service Journal
45
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