Britain's plan to expedite the release of thousands of prisoners to ease overcrowding is raising concerns among its European neighbors, who fear a lack of communication regarding the deportation of foreign nationals could pose security risks. The policy change, set to take effect from January 2027, will remove the requirement for foreign offenders to serve a minimum period in a British prison before being sent back to their home countries.
Five EU diplomats told POLITICO that their nations are worried about receiving their nationals with little or no advance warning. "It’s very risky sending back criminals without any prior information," one diplomat stated, requesting anonymity to discuss sensitive ongoing discussions. This issue risks becoming another point of friction as the UK seeks to reset its relationship with the EU ahead of a major summit.
The UK government has stated that "the most serious offenders are excluded and, where there is evidence someone plans to commit future crimes, they will stay behind bars." However, diplomats report limited communication, with one noting, "The U.K. government keeps saying that they cannot inform us. There should be some sort of collegiality among police forces, to let us know they’re letting [someone] out. We should be warned."
Prison reform campaigners suggest that many of these offenders would face deportation at the end of their sentences regardless. Mark Day, deputy director at the Prison Reform Trust, explained that the changes accelerate the point at which foreign prisoners become eligible for removal. He added that deportation remains subject to legal constraints, including the European Convention on Human Rights and the Refugee Convention.
Foreign nationals constitute approximately 12% of the UK prison population, with significant numbers from EU countries like Poland and Romania, as well as Albania. Current post-Brexit trade deal mechanisms allow for notification when a European national is convicted in Britain, but the government is exploring additional public safety measures.
The prisoner release issue adds to existing tensions as the UK aims to improve ties with the EU, with ongoing disputes over trade protectionism and tuition fees for European students. "If somebody does something terrible after being flown to any of the member states … it can become a major diplomatic spat," a second EU diplomat warned, highlighting the potential for "juicy headlines" around the upcoming UK-EU summit.