Consultation responses
DAS uses its experience of working with foreign national prisoners and immigration detainees, and its knowledge of the issues affecting these groups, to respond to relevant consultations and to advocate policy responses that are centred on fairness and effectiveness.
You can read our consultation submissions below.
Response to Ministry of Justice consultation on draft code of practice for adult conditional cautions (November 2012)
Our response to this consultation highlights our concerns about the implementation of conditional cautions with 'foreign offender conditions'. In particular, it sets out our concern that the lack of immigration advice available to those who are offered these cautions will mean that due process is bypassed, and that injustices will arise as a result of this. Without access to immigration advice, it is highly likely, we suggest, that cautions will be accepted without the consequences of doing so being fully understood; it is also possible that they will be accepted by people who do, in fact, have a valid claim to remain in the UK. Our response is available here.
Written evidence to Justice Committee inquiry into women offenders (September 2012)
Our written evidence to this inquiry focuses on foreign national women in prison, and highlights a range of concerns, including: the lack of coordinated strategies at national and local level means that the needs of foreign national women offenders are often addressed inadequately, or overlooked; foreign national women convicted of non-violent offences are not being diverted from custody, and are continuing to receive inappropriately severe custodial sentences; their immigration situation is often the most significant issue foreign national women in prison face, but in spite of this, immigration advice is not readily available in the prison estate; and many foreign national women who are facing deportation are held under immigration powers following the end of their prison sentence, often for significant periods of time. Our evidence is available here.
Response to Ministry of Justice consultation on effective probation services (June 2012)
Our response to the Ministry of Justice consultation 'Punishment and reform: Effective probation services' highlights our concern that limited consideration has been given to the specific needs of and issues affecting foreign national offenders, and the implications of the proposed new arrangements on them, in spite of the fact that they constitute a significant proportion of those coming into contact with probation services. It highlights the Justice Committee's recommendation that the government "need[s] to ensure that appropriate services are provided for all offenders, and not just those who fall into the most common demographic." Our response is available to read here.
Response to Legal Services Board consultation on regulation of immigration advice and services (May 2012)
Our response to this consultation sets out our support for efforts to ensure the robust regulation of immigration advice and services. Alongside this, however, it emphasises the importance of any reforms to the regulatory arrangements allowing continued access to justice for all, including the most vulnerable and the most unpopular groups. You can read our response here.
Response to HM Inspectorate of Prisons' consultation on immigration detention Expectations (April 2012)
Expectations sets out the detailed criteria the Prisons Inspectorate uses to appraise and inspect prisons and immigration detention facilities. Our response to the consultation on the new edition of Expectations relating to immigration detention welcomes the emphasis on achieving positive outcomes. However, we also raise concerns that the shift from the current approach of setting out a series of very specific expectations, to the new method of putting forward a reduced number of ‘high level’ expectations, could mean that adherence to some vitally important practices is not, in the future, given due weight and attention. Our response is available here.
Submission on immigration detention to UN Special Rapporteur on the Human Rights of Migrants (January 2012)
In advance of a thematic report, the UN Special Rapporteur on the Human Rights of Migrants sought submissions on immigration detention worldwide. In our response, which focused on immigration detention in England and Wales, we raise particular concerns about: the blanket use of detention for foreign national prisoners being considered for deportation; the increasing length of periods of detention; and the use of prison as a place of detention for those being held under immigration powers only.You can read our response here.
Response to Labour Party review of justice policy (January 2012)
Our response to the Labour Party's justice policy review emphasises that a more sophisticated political discourse and policy response to foreign nationals, who now make up 13% of the prison population, is urgently needed. We raise specific concerns about: the automatic deportation provisions of the UK Borders Act 2007; forced repatriation; and provisions within the Legal Aid, Sentencing and Punishment of Offenders Bill, including the removal of legal aid funding for deportation and removal cases, and the proposed conditional cautions for certain foreign national offenders.Our response is available to read here.
You can read our consultation submissions below.
Response to Ministry of Justice consultation on draft code of practice for adult conditional cautions (November 2012)
Our response to this consultation highlights our concerns about the implementation of conditional cautions with 'foreign offender conditions'. In particular, it sets out our concern that the lack of immigration advice available to those who are offered these cautions will mean that due process is bypassed, and that injustices will arise as a result of this. Without access to immigration advice, it is highly likely, we suggest, that cautions will be accepted without the consequences of doing so being fully understood; it is also possible that they will be accepted by people who do, in fact, have a valid claim to remain in the UK. Our response is available here.
Written evidence to Justice Committee inquiry into women offenders (September 2012)
Our written evidence to this inquiry focuses on foreign national women in prison, and highlights a range of concerns, including: the lack of coordinated strategies at national and local level means that the needs of foreign national women offenders are often addressed inadequately, or overlooked; foreign national women convicted of non-violent offences are not being diverted from custody, and are continuing to receive inappropriately severe custodial sentences; their immigration situation is often the most significant issue foreign national women in prison face, but in spite of this, immigration advice is not readily available in the prison estate; and many foreign national women who are facing deportation are held under immigration powers following the end of their prison sentence, often for significant periods of time. Our evidence is available here.
Response to Ministry of Justice consultation on effective probation services (June 2012)
Our response to the Ministry of Justice consultation 'Punishment and reform: Effective probation services' highlights our concern that limited consideration has been given to the specific needs of and issues affecting foreign national offenders, and the implications of the proposed new arrangements on them, in spite of the fact that they constitute a significant proportion of those coming into contact with probation services. It highlights the Justice Committee's recommendation that the government "need[s] to ensure that appropriate services are provided for all offenders, and not just those who fall into the most common demographic." Our response is available to read here.
Response to Legal Services Board consultation on regulation of immigration advice and services (May 2012)
Our response to this consultation sets out our support for efforts to ensure the robust regulation of immigration advice and services. Alongside this, however, it emphasises the importance of any reforms to the regulatory arrangements allowing continued access to justice for all, including the most vulnerable and the most unpopular groups. You can read our response here.
Response to HM Inspectorate of Prisons' consultation on immigration detention Expectations (April 2012)
Expectations sets out the detailed criteria the Prisons Inspectorate uses to appraise and inspect prisons and immigration detention facilities. Our response to the consultation on the new edition of Expectations relating to immigration detention welcomes the emphasis on achieving positive outcomes. However, we also raise concerns that the shift from the current approach of setting out a series of very specific expectations, to the new method of putting forward a reduced number of ‘high level’ expectations, could mean that adherence to some vitally important practices is not, in the future, given due weight and attention. Our response is available here.
Submission on immigration detention to UN Special Rapporteur on the Human Rights of Migrants (January 2012)
In advance of a thematic report, the UN Special Rapporteur on the Human Rights of Migrants sought submissions on immigration detention worldwide. In our response, which focused on immigration detention in England and Wales, we raise particular concerns about: the blanket use of detention for foreign national prisoners being considered for deportation; the increasing length of periods of detention; and the use of prison as a place of detention for those being held under immigration powers only.You can read our response here.
Response to Labour Party review of justice policy (January 2012)
Our response to the Labour Party's justice policy review emphasises that a more sophisticated political discourse and policy response to foreign nationals, who now make up 13% of the prison population, is urgently needed. We raise specific concerns about: the automatic deportation provisions of the UK Borders Act 2007; forced repatriation; and provisions within the Legal Aid, Sentencing and Punishment of Offenders Bill, including the removal of legal aid funding for deportation and removal cases, and the proposed conditional cautions for certain foreign national offenders.Our response is available to read here.
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