Peston: Why wasn’t Kaddour-Cherif deported?
Brahim Kaddour-Cherif, the Algerian sex offender mistakenly released from HMP Wandsworth, had overstayed his visa. This case reveals troubling issues in the way visa rules interact with the criminal justice system, raising concerns for MPs.
Official Explanation for Non-Deportation
According to official sources, Kaddour-Cherif was not deported because there were ongoing criminal proceedings against him. The government generally does not deport individuals while cases are active, unless there is agreement between the police and Crown Prosecution Service.
“The government does not remove or deport people while criminal proceedings are ongoing, unless there is agreement with the police and Crown Prosecution Service.”
Deportation Threshold and Proceedings
Kaddour-Cherif’s sentences did not meet the automatic deportation threshold, which requires a custodial sentence of 12 months or longer. However, initial deportation action—known as a stage one notification—was initiated earlier in the year due to his repeated offenses being against the public interest.
- In November 2024, he was convicted of indecent exposure.
- He received an 18-month community order for this conviction.
- He was placed on the sex offenders register.
“None of his sentences met the threshold for automatic deportation, namely a 12-month or longer custodial sentence.”
Additional Context
The case highlights challenges in balancing criminal justice processes with immigration enforcement, especially when offenders do not receive custodial sentences long enough to trigger automatic removal.
Author’s summary: This case exposes flaws in the UK’s deportation system, where delayed or absent action against foreign offenders under ongoing criminal proceedings poses public safety concerns.