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Legal Terms - foreign national offenders (FNOs)
According to the UK Borders Act 2007, foreign national offenders convicted to 12 months or more of jail face automatic expulsion from the UK upon completion of their sentence. In such instances, the Home Secretary is legally mandated to issue a deportation order unless the Foreign National Offender qualifies for one of a limited number of exceptions. The principal considerations are: (i) instances where deportation would violate the individual's rights under the *European Convention on Human Rights or the UK's commitments under the Convention Relating to the Status of Refugees; (ii) cases involving individuals under the age of 18 at the time of conviction; and (iii) situations where the individual is detained under the Mental Health Act 1983. Following the UK's exit from the EU, the differentiation established in the 2007 Act between nationals of the European Economic Area (EEA) and other foreign national offenders is no longer applicable, except in certain instances where the offence occurred prior to the enactment of the Immigration, Nationality and Asylum (EU Exit) Regulations SI 2019 No. 745. Foreign national criminals convicted to less than 12 months' imprisonment may be deported upon the court's suggestion. Requirement for a foreign travel prohibition order A stipulation that may be mandated by a sentencing court as an element of a *community order. The perpetrator is barred from traveling outside the UK or to any designated nation for a duration of 12 months from the date of the order.
According to the UK Borders Act 2007, foreign national offenders convicted to 12 months or more of jail face automatic expulsion from the UK upon completion of their sentence. In such instances, the Home Secretary is legally mandated to issue a deportation order unless the Foreign National Offender qualifies for one of a limited number of exceptions. The principal considerations are: (i) instances where deportation would violate the individual's rights under the *European Convention on Human Rights or the UK's commitments under the Convention Relating to the Status of Refugees; (ii) cases involving individuals under the age of 18 at the time of conviction; and (iii) situations where the individual is detained under the Mental Health Act 1983. Following the UK's exit from the EU, the differentiation established in the 2007 Act between nationals of the European Economic Area (EEA) and other foreign national offenders is no longer applicable, except in certain instances where the offence occurred prior to the enactment of the Immigration, Nationality and Asylum (EU Exit) Regulations SI 2019 No. 745. Foreign national criminals convicted to less than 12 months' imprisonment may be deported upon the court's suggestion. Requirement for a foreign travel prohibition order A stipulation that may be mandated by a sentencing court as an element of a *community order. The perpetrator is barred from traveling outside the UK or to any designated nation for a duration of 12 months from the date of the order.
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