Ministry of Justice consultation on code of practice for adult conditional cautions - BID submission on foreign offender conditional cautions
The new conditional cautions for foreign offenders seeks to harness a means of disposal of offences via the criminal justice system for the purpose of immigration control, in the context of inadequate immigration legal advice within the criminal justice system. The Prison Reform Trust noted separately in their response to the Justice Green Paper that
“A system that used conditional cautions for people already living and working in the UK, on the condition that they left the country would be racially discriminatory and open to challenge under the Equalities Act”
It appears that the overall effect of the use of foreign offender conditions with adult conditional cautions will simply be to shift responsibility for foreign nationals facing removal to the Home Office at the point they are transferred to immigration removal centres, but without in any way addressing or resolving the underlying immigration issues in individual cases.
Downloads
BID submission to MoJ consultation on adult conditional cautions code of practice
