Member

Proposed new subsection (1D) deals with the foreign offender who, having been removed under Section 260 of the Criminal Justice Act without having served a minimum custodial period, then returns to the United Kingdom. The situation was already addressed in part by a change introduced by the Nationality and Borders Act 2022, which introduced the “stop the clock” provision: Section 261 of the Criminal Justice Act 2003. The effect of that provision is that a person who returns to the United Kingdom goes back into custody to serve the remainder of the custodial part of the sentence from the moment when it was paused to give effect to the deportation.