HC Deb 23 January 2002 vol 378 cc939-40W
Mr. McNamara

To ask the Secretary of State for the Home Department what the targets are for the efficient and effective operation of the Convention for the Transfer of Sentenced Persons; how these performance indicators were constructed; and how far the operation of procedures has matched these targets in each year since its coming into force. [29249]

Beverley Hughes

The Council of Europe Convention on the Transfer of Sentenced Persons sets no targets for the consideration of applications for repatriation. Since January 2001, Her Majesty's Prison Service has set and applied the following targets to those parts of the process that lie within its control. These targets were constructed to take account of the need to obtain information from agencies outside the Prison Service in support of individual applications.Applications from foreign nationals imprisoned in England and Wales:

  1. (a) From receipt of the prisoner's application to referral to the receiving jurisdiction: 12 weeks.
During this period the caseworker will obtain and collate the documentation necessary to consider the application, including court documentation, police or customs reports, information on previous convictions, and prison reports. Any translations needed for non-English speaking countries will be done at this stage. (b) From the receipt of the response from the receiving jurisdiction to the final determination of the request by the Prison Service: 12 weeks. During this period the information provided by the receiving jurisdiction is assessed, in particular on the enforcement of the sentence to determine if repatriation can proceed. If both jurisdictions are content to proceed the consent of the prisoner must be obtained to the terms and conditions of the transfer. Applications from British nationals imprisoned overseas: (c) Consideration of applications submitted by another jurisdiction: 12 weeks. During this period checks are made with the Metropolitan police to determine whether the prisoner has any outstanding charges in the United Kingdom; with the Home Office to check that the offence committed by the prisoner is an offence under UK law and that the sentence does not exceed the maximum available under British law for the same offence; and with the United Kingdom Passport Office to determine whether the prisoner concerned is a British national. Once this information has been received a response is prepared and sent to the sentencing jurisdiction. This includes detailed information about the administration of sentence following repatriation, and other information required by the convention. (d) Collection of the prisoner from overseas following receipt of written consent from the sentencing jurisdiction and the prisoner: four weeks.

During the period 1 January 2001 to 31 December 2001, the following targets were met: Applications from foreign nationals imprisoned in England and Wales, target (a) 58 per cent, and target (b) 91 per cent. Applications from British nationals imprisoned overseas, target (c) 67 per cent, and target (d) 100 per cent.