PSO 4630 - Inside Time

PSO 4630 Page 8Release of FNPsMANDATORY3.3 Where a remand prisoner is awaiting consideration for deportation but is released by acourt on bail or after a not guilty finding, s/he must be released in line with the order of thecourt, whether or not there are previous convictions, unless an immigration warrant is held.3.4 Persons recommended for deportation by the Court, but who would otherwise be eligible forimmediate release because of time spent on remand, may be detained on the Court‟srecommendation only where consideration of their case by BIA has taken place (Schedule3 to the 1971 Immigration Act). In all cases, whether recommended for deportation or not, ifno consideration has taken place and the sentence calculation has been confirmed, theprisoner must be released from court if:the custodial period has already expired; orthe prisoner is sentenced to a lesser punishment (fine or community penalty)3.5 If the sentence passed matches exactly the number of days served on the day of sentence,the normal expectation would be that the prisoner would be held until 5pm on that day togive CCD the opportunity to consider the case and to serve an IS91 if appropriate. CCD willtelephone the prison and send the signed notice by fax to the custody office who will thentelephone the escort contractor with instructions to return him/her to the prison.MANDATORY3.6 Where a prisoner is released at court „time served‟ and there is no power to hold him/her,the custody office, on receipt of the sentence details, must check whether the prisonermeets the criteria at 1.8 above. If they do, contact must be made with CCD as soon aspossible via PMS and any details necessary to locate him/her must be given. 13.7 Prisoners previously held under both Immigration Act powers and a court warrant who arereleased by the Court (for example, following a successful appeal) must be referred to CCDimmediately by fax, marked for the attention of the duty Senior Caseworker or HMInspector, making clear that only Immigration Act powers now apply.3.8 IS91 weekly updates. Governors must ensure that details of prisoners held solely on animmigration detention order (IS91) are faxed or emailed to Population Management Sectionusing the form at Annex I every Monday, no later than 12 noon. The details must include:name of prisonerPrison numberLength of sentence servedNumber of proven adjudications in the last six monthsPort reference (if available)Warrants must be thoroughly checked to ensure that the IS91 is the sole basis for detentionand that no other warrants are outstanding 2 .1 Relevant information (where available) will be: full name, date and place of birth, nationality, any evidence of identity(passport, ID card, ARC card etc), immigration status (evidenced or claimed), language, Home Office referencenumber, permanent address (UK or abroad)2 Establishments with a specialised role in relation to Foreign Nationals and Immigration Detainees, in agreement withPMS, will be exempted from carrying out this requirement.Issue No 287 Issue date 11/01/08