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<p>As of 31 December 2022, there were 9,797 Foreign National Offenders (FNOs) held
in prisons in England and Wales, with the top ten origin countries being Albania,
Poland, Romania, Ireland (Republic of), Lithuania, Jamaica, Pakistan, Somalia, Portugal,
and Iraq.</p><p>We do not disaggregate prison run costs by nationality and the cost
to hold individuals depends on category. Our unit costs for holding prisoners are
published on Gov.uk alongside the HM Prison and Probation Service Annual Reports and
Accounts.</p><p>Under the Early Removal Scheme (ERS) and Tariff Expired Removal Scheme
(TERS) FNOs are removed from the UK, they are not released from their sentence and
are liable to continue their sentence should they return to the UK. ERS applies to
those serving determinate sentences, and TERS to those serving indeterminate sentences
(Life or Imprisonment for Public Protection, which stopped being used in 2012).</p><p>Between
January 2010 and June 2022, the Home Office removed 22,707 FNOs through ERS with 1,322
of those in the year ending June 2022. Since its implementation in May 2012, 571 FNOs
have been removed through TERS. The disparity in numbers under the two schemes is
due to there being significantly fewer FNOs with indeterminate sentences than determinate,
and the need for the tariff to be expired before they can be removed.</p><p>The below
table shows the number of FNOs who escaped from custody over the last 5 years. A prisoner
escapes when they pass beyond the perimeter of a secure prison or the control of escorting
staff. All three from 2017-18 were recaptured within 30 days.</p><table><tbody><tr><td><p><strong>Year</strong></p></td><td><p><strong>2017-18</strong></p></td><td><p><strong>2018-19</strong></p></td><td><p><strong>2019-20</strong></p></td><td><p><strong>2020-21</strong></p></td><td><p><strong>2021-22</strong></p></td></tr><tr><td><p><strong>Number
of Foreign National Offenders escaped from custody</strong></p></td><td><p>3</p></td><td><p>..*</p></td><td><p>..</p></td><td><p>..</p></td><td><p>..</p></td></tr></tbody></table><p>*
Figures of 1 and 2 are supressed</p><p> </p><p>A Foreign National Offender may access
legal aid if they satisfy the relevant eligibility criteria: their legal issue is
in scope, as set out in the Legal Aid, Sentencing and Punishment of Offenders Act
2012, and they pass relevant means and merits tests. For immigration matters, all
immigration detainees held in prison can access 30 minutes of legally aided legal
advice. This provides a functional equivalent to the advice available to detainees
held in immigration removal centres. Broader access to public funds would be based
on the immigration status of an individual.</p><p>The Bill of Rights will strengthen
the wider framework around appeals made on Article 8 grounds (the right to private
and family life) by foreign criminals subject to deportation. Clause 8 of the Bill
sets out how the courts should consider the compatibility of new deportation laws.</p><p>Clause
20 of the Bill of Rights establishes a threshold for successful appeals on Article
6 grounds. This new provision is intended to strengthen the existing approach in this
area.</p>
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