Foreign nationals caught with false documents to be deported immediately!

Please read carefully the following information and be clear. This new policy 'Diverting foreign national offenders from prosecution' , is not about keeping people out of jail but getting them out of the UK, instantly. We would caution anyone who falls foul of these 'Instant' deportations, not to accept the caution offered, without first getting competent legal advice.

Ministry of Justice - Diverting foreign national offenders from prosecution
From 6 December 2010 the Ministry of Justice and the United Kingdom Border Agency (UKBA), working with the police service and the Crown Prosecution Service (CPS), will be piloting the use of simple cautions as an alternative to prosecution for foreign national offenders who have no legal basis of stay in the UK, commit specified document fraud offences and agree to be removed from the UK.

A simple caution will only be offered where the offender admits committing a specified offence, agrees to be removed from the UK and otherwise meets the eligibility criteria for the pilot scheme and the criteria for a simple caution as set out in Home Office Circular 016/2008.

While many foreign nationals who have no legal basis of stay in the UK and commit these offences are immediately administratively removed' from the country by UKBA without entry into the criminal justice system, a number are prosecuted for these offences and typically receive custodial sentences of six to 12 months. Those who receive a custodial sentence will ordinarily be administratively removed from the UK following the completion of their sentence. These pilot schemes will test the use of simple cautions as an alternative to prosecution for such offenders where the individual agrees to be removed from the UK and otherwise meets the criteria for simple cautioning. Those who commit these offences and are suitable immediately to be administratively removed from the UK rather than prosecuted or cautioned will continue to be dealt with in this way during these pilots.

There are 2 important documents:
(a) overview of the scheme:

(b) Law Society Practice Note