Applicable Laws;. Convention on the transfer of Sentenced Persons Treaty series No. 51(1985)Repatriation of Prisoners (Overseas Territories) (Amendment) Order 1987The Penal Code 2006 revision. Objectives/Aims:. That foreigners who are deprived of their liberty as a result of their commission of
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1. Transfer of Prisoners: General Principles and domestic position in Member States
2. Applicable Laws; Convention on the transfer of Sentenced Persons –Treaty series No. 51(1985)
Repatriation of Prisoners (Overseas Territories) (Amendment) Order 1987
The Penal Code 2006 revision
3. Objectives/Aims: That foreigners who are deprived of their liberty as a result of their commission of a criminal offence should be given the opportunity to serve their sentences within their own society
Parties to the Convention undertake to afford each other the widest measure of cooperation in respect of transfer of sentenced persons in accordance with the provisions of the Convention.
4. Conditions for transfer: Sentenced person expresses an interest to the sentencing State or to the administering State in being transferred under the Convention.
International arrangements have been implemented to allow for the transfer between the Territory and the country or into or outside the “territory”
5. Transfer under the Convention Only allowed if;
a) person is a national
b) judgment is final
c) at time of receipt of request at least 6 months of the sentence is left to be served.
d) consent of the prisoner
e) dual criminality of offence
f) sentencing and administering States agree
6. Information required: Article 4 of Convention inter alia:
- name, date & place of birth
- prisoner’s address in administering State
- statement of facts of sentence
- nature, duration & date of commencement of sentence
C/f Article 6 – supporting documents
7. Relevant Articles: Article 7 – consent & verification
Article 9 – effect of transfer
Article 16 – Transit of prisoners
Article 22 – relationship to other Conventions and Agreements
8. Relevant considerations: Liaison with the Director of Prisons
Review of consent form with prisoner
Any abnormalities of the prisoner
Confirmation of the arrangements to include names of persons to travel with the prisoner
H.E. Governor to issue warrant for transfer authorising named offices to take custody of the prisoner on transfer.
9. Repatriation of prisoner “An Act to make provision for facilitating the transfer between the United Kingdom and places outside the British Islands of persons for the time being detained in prisons, hospitals or institutions by virtue of orders made in the course of the exercise by courts and tribunals of their criminal jurisdiction.”
10. Conditions: Section 2:
Person is a British citizen
Transfer appears appropriate to the Secretary of State having regard to any close ties which the person has with the UK
Transfer for the purpose of effecting a warrant to issue
11. Cayman Islands: International arrangement play an important role especially re transfer into the Territory.
H.E.Governor must give consideration to warrants containing provisions which:
a) are equivalent to more than the maximum penalties that may be imposed on the dual offence
b) are framed without reference to length of detention or time already served.
12. Removal of prisoners Human Rights factors:
Context of the transfer under the Colonial Prisoners Removal Act 1884.
a) high security risk
b) witness protection
c) unsuitable facilities
13. Power to remove Section 5: Secretary of State acting in concurrence with all British possessions concerned is the removal authority for making orders.
Section 2: removal authority may order transfer to another British possession to undergo sentence
14. Conditions of removal- S.2 Likelihood of life endangered or health or permanently injured by further imprisonment
At time of committal was regular military or naval forces
Safer custody or conditions unsatifactory
Belongs to a class of persons who under the law are subject to removal
15. Infringements Right to respect for family life
Right or legitimate expectation to suitable prison
Criminal lunatics and expectation of treatment
“striking the balance between the general and the individual’s interest.”