Irish Penal Reform Trust

Parliamentary Question: Prisoner Transfers

15th June 2004

487. Mr. Carey asked the Minister for Justice, Equality and Law Reform further to a previous parliamentary question when a decision will be made on a request by a person (details supplied) who is serving a sentence in a UK prison to be returned to serve the remaining part of their sentence in a prison here; and if he will make a statement on the matter. [17283/04]

Minister for Justice, Equality and Law Reform (Mr. McDowell):  I advise the Deputy that my Department has received a formal application from the United Kingdom prison authorities for the transfer of the individual in question to this country under the Council of Europe Convention on the Transfer of Sentenced Persons. My Department is awaiting further information from the UK authorities in that regard. When the information becomes available, the application will be forwarded to the State's legal officers, who will advise me about whether the acts or omissions constituting the offence, for which the individual concerned received a prison sentence in the UK, would also constitute an offence in this country.

The informed consent of the sentencing State, the receiving State and the sentenced person must be provided to facilitate a transfer. If all parties consent to the transfer, a warrant must be sought from the High Court authorising the transfer of the individual into the State and the continued detention of the person here. While every effort will be made to process the person's request for a transfer to this country in a short a time as possible, it should be noted that the process can take some time.

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