The Secretary of State has made an Order under section 260 of the Criminal Justice Act 2003 to lower the threshold for removing prisoners for deportation and lengthen the maximum removal window. The instrument extends to England and Wales and took effect on 23 September 2025 after approval by both Houses under the affirmative procedure.
The Criminal Justice Act 2003 (Removal of Prisoners for Deportation) Order 2025 replaces “one half” with “30%” in section 260(2)(a) and substitutes “4 years” for “545 days” in section 260(2)(b). The minimum pre‑removal custodial period is therefore the later of 30% of the requisite custodial period or four years before the end of that period.
The power continues to apply to foreign nationals serving determinate sentences who are liable to removal for deportation. The Order does not change who is “liable to removal”; it changes only when removal from prison may occur for those already liable under the Act and immigration legislation.
Timing is anchored to the “requisite custodial period” used for automatic release. For many sentences this is one‑half of the term under section 244; for specified cohorts created by later reforms it can be two‑thirds under section 244ZA. Casework must therefore use the correct release proportion for the sentence type.
Example (release at halfway, four‑year sentence). The requisite custodial period is two years. Thirty per cent of that period is around seven months; “four years before the end” falls before the sentence start, so the later threshold is about seven months served. Under the previous rule, the earliest point would have been 12 months.
Example (release at halfway, 20‑year sentence). The requisite custodial period is ten years. Thirty per cent is three years; four years before the end of that period is at six years served. The later threshold is six years. Previously, the later threshold was about eight years and six months, so removal could now occur roughly 2.5 years earlier.
Example (release at two‑thirds, 12‑year sentence). The requisite custodial period is eight years. Thirty per cent is 2.4 years; four years before the end is at four years served. The later threshold is four years. Under the former 50%/545‑day rule, the later threshold was around six years and six months.
The instrument contains only the amendment to section 260 and no transitional or savings provisions. From 23 September 2025, eligibility is assessed against the new thresholds. The Order applies in England and Wales and does not extend to Scotland or Northern Ireland.
The published text states that no full impact assessment has been produced because no impact on the private or voluntary sectors is foreseen. Practitioners should note that operational effects fall on public authorities rather than private providers.
In a 25 June 2025 announcement, the Ministry of Justice framed the measure as part of efforts to free prison capacity and reduce costs, highlighting that foreign national offenders make up a material share of the prison population. Those policy aims sit alongside the legal amendments set out above.
Government guidance confirms the Early Removal Scheme remains discretionary and that certain categories, including terrorism‑related cases, are excluded; HMPPS may refuse early removal where appropriate. These points relate to scheme operation and are unchanged by the numerical amendment.
Section 260 remains permissive: the Secretary of State may remove eligible prisoners once the minimum pre‑removal custodial period is met. The Order alters timing only; the decision‑making framework and the immigration powers used to effect removal are otherwise unchanged.
For operational leads in prisons and the Home Office, the immediate tasks are to re‑profile case cohorts, recalculate earliest eligibility dates using the correct requisite custodial period, and align documentation and travel logistics so that removal can proceed promptly once the later of the two thresholds is reached.