NI Prison Service approach to deporting foreign criminals 'simply not credible' after killer released - Beattie
Doug Beattie has called for a review into the system for deporting foreign criminals after a man was released back into the community after being convicted for the vicious stabbing of a man in Ballymena.
The Ulster Unionist MLA has slammed Stormont’s justice department over the matter – after it said that it is up to the Home Office to attend court and decide whether a prisoner needs to be taken into custody ahead of deportation.
A deportation order must be made where a foreign national has been convicted of an offence and received a custodial sentence – but Mr Beattie has highlighted concerns about the failure to remove two foreign nationals convicted in relation to the manslaughter of Victor Hamilton in 2022.
“In one case, the individual was sentenced to six years for the manslaughter of Victor, served three years, then should have been deported. However, this individual was released into the community on license only to be returned to prison on breach of that license. “A second individual involved in the murder of Victor Hamilton was given a two year sentence, a year to be served in prison. However, due to time served, he was released on sentence by the judge and released back into the community. At no stage was the family of Victor informed of what was happening with either man by anyone within the criminal justice system”, the UUP MLA said.
Mr Hamilton was 63 when he was found murdered in the driveway of his Ballymena home on 27 July 2022. Police described him as “a peaceable and well-loved man” who was “in the wrong place at the wrong time”.
In a statement, the NI Prison Service said that it is responsible for informing the Home Office of all sentenced foreign national offenders within ten working days of sentencing.
However, it appears to blame the UK immigration department for the release of the prisoners, adding: “Thereafter, the Home Office investigates the case and all decisions pertaining to their immigration and deportation status are a matter for them.
“The Prison Service advise the Home Office when a foreign national prisoner who is time-served will be released at court… It is the responsibility of the Home Office to decide whether to attend court to take the individual into their custody for deportation following release. We are legally required to release any foreign national prisoner once they have completed the sentence set by the courts unless the Home Office issues a lawful direction for immigration detention beyond that point.
“Decisions on detention and deportation rest entirely with the Home Office”.
Mr Beattie has rejected that – and called for a tighter system to be put in place – saying the current measures are “not robust enough”.
“The Prison Service and the Department of Justice position that it is down to the Home Office to attend court, or not, is simply not credible.
“If a foreign national, who has received a custodial sentence that warrants deportation, is being released due to time served, he must be returned to prison until the Home Office takes charge of the individual. Throwing your hands in the air to say it's someone else's responsibility is a dereliction of duty to uphold the rule of law”.
The NI Prison service says a “review of the current victim information schemes has concluded, and its recommendations are being considered for implementation.”
The Home Office said it does not comment on individual cases, but a spokesperson said it “will not allow foreign criminals and illegal migrants to exploit our laws. We are reforming human rights laws and replacing the broken appeals system so we can scale up deportations”.
In 2025 Mamadu Djalo, then aged 32, Mario Menezes, then aged 35, and Michael Hanrahan, then aged 43, were all sentenced in relation to Victor Hamilton’s murder. Djalo was sentenced to 6 years for manslaughter – half in custody and half on licence.