Deporting EU national offenders from the UK after Brexit: Moving from a system that recognises individuals, to one that sees only offenders

Deportation is a core state practice for the management and control of time-served foreign national offenders. Post-Brexit law changes mean that EU offenders in UK will become subject to same deportation rules which apply non-EU This article argues applied before Brexit, derived from EU’s Citizens’ Rights Directive, was underpinned by focus on offender as an individual person. In contrast, applies third-country nationals, nationals after sees only label ‘offender’. argument made examining two important elements contrasting laws: permitted justifications importance rehabilitation. On deportation, Directive requires individualised rationales prohibits based solely fact past offending. future-orientation also encouraged courts who capable rehabilitation reform, whereas UK’s post-Brexit justify basis status offender: determined prior conviction, hard lose makes limited space considering potential