HC Deb 17 February 1997 vol 290 c361W
Sir Ivan Lawrence

To ask the Secretary of State for the Home Department how the sentencing provisions set out in chapter I of part II of the Crime (Sentences) Bill will apply to prisoners who are repatriated to England and Wales from overseas in order to serve the remainder of their sentences. [16640]

Mr. Maclean

Prisoners repatriated to England and Wales, whose offences overseas are committed after the commencement of the provisions set out in chapter I of part II of the Crime (Sentences) Bill, will be treated as if the balances to serve here of their overseas sentences were their sentences for the purposes of this jurisdiction, and in particular for the purposes of earned early release and post-release supervision. They will be eligible to earn early release on the balance to serve of their original sentences accordingly. Where the balance to serve is more than 12 months' imprisonment, they will be required to undergo a period of post-release supervision equal to 25 per cent. of the balance to serve in this country or three months, whichever is the greater.

In calculating the balance of the prisoner's sentence remaining to be served following repatriation here, account will be taken, as at present, of the time the prisoner has spent in prison abroad, including, where applicable, any remand time, with any remission to which he is eligible for that period. Both periods will be deducted from the original sentence.

In appropriate cases, the resulting balance will be further reduced by a period equal to that of the post-release supervision period which the prisoner will be required to undergo following release from custody. Accordingly, the time to be served in prison by a repatriated prisoner on return here and the required period of supervision, when added together, will not exceed the remaining part of the term of the sentence imposed in the foreign jurisdiction.

This method of calculating the period to be served in prison will not apply to prisoners repatriated from foreign jurisdiction operating sentencing provisions equivalent to those contained in chapter I of part II of the Crime (Sentences) Bill.

Prisoners seeking to be repatriated from overseas will continue to receive full information about the way in which their sentences will be administered on their return here. This will enable them to make an informed decision about whether to consent to repatriation.

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