Sentence Transfer

With the specialist nature of sentence transfer to and from the UK 9BR Chambers advise and guide British and Foreign nationals on their applications.

Our extradition barristers advise upon sentence transfers. Whether this involves initiating a sentence transfer application, or how the UK will administer a foreign sentence, or offering guidance in transferring a UK sentence to another country. We compose applications to the Ministry of Justice, which oversees prisoner transfer requests in England and Wales, and advise clients on judicial review to the High Court if applications are rejected.

9BR Chambers brings access to a global network of lawyers who can advance your overseas application  if it relies on another country’s administrative process.

What is sentence transfer?

The UK has signed international agreements permitting the transfer of prison sentences imposed abroad to the UK. These agreements allow British citizens or individuals with strong ties to the UK to come back to the country to complete the remaining portion of their sentence. Foreign nationals or individuals meeting specific eligibility criteria can also request UK authorities to transfer a UK sentence to another country. In both scenarios, the requestor may benefit from being closer to home or family, potentially in a country where they share the same language, and subject to more favourable release conditions or better prison facilities.

Our team is familiar with the practicalities of sentence transfer and the operation of different international instruments. The Repatriation of Prisoners Act 1984 governs sentence transfer into and out of the UK. The Act is underpinned by various, such as the Council of Europe’s Convention for the Transfer of Sentenced Person 1983. This applies amongst most European countries, including between EU and non-EU countries (although there is a separate intra-EU mechanism) and Canada, Korea, Israel, Japan, and the US. Another example is the Commonwealth Scheme for the Transfer of Convicted Offenders 1986. The UK has also signed a series of bilateral agreements, with Thailand, for instance. 

It is important to understand how each of these schemes operates and what, specifically, it means for a particular sentence. Otherwise, there is a risk of spending longer in prison after transferring your sentence, or that your application may be rejected administratively as you fail to fulfil the specified requirements. 

This area of law is highly specialised and our expertise can help you find the best solution for you.