Mr. NcNamaraTo ask the Secretary of State for the Home Department if he will list the principal purposes of the draft Additional Protocol to the Convention on the Transfer of Sentenced Persons approved by the European Committee on Crime Problems in June 1997 and indicate the policy of Her Majesty's Government towards the draft. [20286]
§ Mr. MichaelThe Additional Protocol was adopted by the Committee of Ministers of the Council of Europe in September and will be opened for signature on 18 December 1997.
The Protocol has two purposes. First, where a national from one state who is serving a custodial sentence in another state escapes from custody and returns to his home state, the Protocol allows the sentencing state, with the consent of the home state, to transfer the remainder of the sentence to the home state to continue enforcement. The consent of the fugitive offender is not required to such a transfer. This provision will be of particular value where the home state, for legal or constitutional reasons, does not extradite its own nationals and where at present no action can be taken against the fugitive offender.
The Protocol also enables a serving prisoner who is the subject of a deportation or expulsion order which will result in his eventual removal to be transferred, without his consent but subject to certain safeguards, to the state named in the order to serve the remainder of his sentence. At present, such orders are normally activated only at the end of the sentence. Early activation of the order would enable the state of destination to attach appropriate post-release conditions in more serious cases.
The Government support the Protocol and are considering what primary legislation would be needed before it could be ratified by the United Kingdom.