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Is Theresa May Allowed to Deport EU Murderers?

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Posted: 27th June 2017
Jacob Mallinder
Last updated 22nd September 2025
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Yesterday Theresa May, UK PM, unveiled Brexit talk plans that would allow for the deportation of the UK’s worst foreign criminals, from murderers to rapists. This comes under the plan for the 3.2 million EU residents currently residing in the UK.

Most of the 13,000 foreign offenders in the UK are Polish and Irish, both EU nations, and 6,000 are already awaiting deportation after serving their sentences.

The majority of said Eu settlers will gain a ‘settled status’ after five years in the country, and will thereafter guarantee their rights to access public services for the remainder of their stay, or for life.

The package does suggest however, that foreign criminals from the EU, deemed ‘serious and persistent criminals’ would be considered for deportation.

According to the Daily Mail, Brexit Secretary David Davis said he did not expect anyone to be deported “unless they’ve committed a crime or [pose] some sort of security problem.”

The threshold has not hey been established for the seriousness of crimes, but they would range from rape and murder, to serious threats.

UK law states currently that any person who is sentenced to more than 12 months in prison should be subject to automatic deportation to their home country. However, at the moment, under EU law, this does not apply to EU nationals. The 2004 Free Movement Directive states that: ‘Previous criminal convictions shall not in themselves constitute grounds for taking such measures.’ Instead the individual’s conduct must represent ‘a genuine, present and sufficiently serious threat’.

So, under the pending fresh UK law for criminal deportation, do you think Theresa May and the conservative government should send serious EU criminals back to the mainland?

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About the Author

Jacob Mallinder
Jacob has been working around the Legal Industry for over 10 years, whether that's writing for Lawyer Monthly or helping to conduct interviews with Lawyers across the globe. In his own time, he enjoys playing sports, walking his dogs, or reading.
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