Peston: Why wasn’t Kaddour-Cherif deported?
Brahim Kaddour-Cherif, the Algerian sex offender mistakenly released from HMP Wandsworth, had overstayed his visa. The question arises: why hadn’t he been deported?
This issue highlights problems between visa regulations and the criminal justice system, which is likely to concern MPs. Official sources explain that Kaddour-Cherif was protected from deportation because criminal proceedings against him were still ongoing.
The government does not remove or deport people while criminal proceedings are ongoing, unless there is agreement with the police and Crown Prosecution Service.
None of his sentences reached the threshold for automatic deportation, which requires a custodial sentence of 12 months or longer. However, initial deportation proceedings, known as stage one notification, were initiated earlier this 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.
- He was placed on the sex offenders register.
Despite these factors, the absence of a qualifying custodial sentence prevented his automatic deportation.
Author's summary: The case of Brahim Kaddour-Cherif reveals legal and procedural gaps that delayed his deportation despite his criminal record and visa overstay.