Brahim Kaddour-Cherif, the Algerian sex offender mistakenly released from HMP Wandsworth, had overstayed his visa. So why hadn’t he been deported?
The answer raises important questions about the dysfunctional interplay of visa rules with the criminal justice system, which I assume will trouble MPs.
Here is what official sources tell me is the explanation for why Kaddour-Cherif had not been expelled from the UK.
In essence, he was protected because there were outstanding criminal proceedings against him.
The government does not remove or deport people while criminal proceedings are ongoing, unless there is agreement with the police and Crown Prosecution Service.
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The point, I am told, is that none of his sentences met the threshold for automatic deportation, namely a 12-month or longer custodial sentence.
Even so, initial deportation proceedings – or what’s known as a stage one notification – were taken against him earlier this year.
That is because his repeat offending history was seen as contrary to the public good.
He had, for example, been convicted in November 2024 of indecent exposure, and was sentenced to an 18-month community order. He was also placed on the sex offenders register.
But – and here is what some will see as extraordinary – the deportation proceedings were not progressed because of pending prosecutions.
The unfortunate consequence is that he was released mistakenly from custody, having been remanded for trespass with intent to steal, and has now vanished.
Even if he is found, it is not clear whether even then he would be deported.
This is messy, to put it mildly.
One big question is why someone who has overstayed their visa entitlement would not be automatically deported when put on the sex offender register?
Within government, the mess is causing what you might call cross-departmental consternation.
Perhaps in an attempt to share or spread the blame for Kaddour-Cherif’s mistaken release from a prison system for which it is responsible, the Ministry of Justice has been asking pointed questions of the Home Office, which is responsible for visa enforcement.
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