Transfer of sentence to the UK
If you have been convicted in a foreign jurisdiction and want to serve your custodial sentence in the UK we can assist with transferring your sentence. You may be living in the UK or already in prison subject to extradition proceedings.
The UK and the relevant foreign jurisdiction will both need to agree to the take over of sentence and there will be several factors that need to be established/considered before a decision is made:
- The date you moved to the UK and how long you have been in UK
- Proof that you have exercised your treaty rights, for a continuous period of 5 years.
- The UK authorities will need to ascertain whether there have been any breaks in your residency
- If you have ever applied for permanent residence status
- Information about your family in the UK
- Information about the type of offence you were convicted of in the foreign jurisdiction
- If you have committed further offences since moving to the UK
- If your deportation would ordinarily be sought by the Home Office (Foreign Criminality Immigration Enforcement)
- If the offence you were convicted of in the foreign jurisdiction would constitute an offence in the UK
If the UK agree in principal to take over your sentence, a request will be made to the foreign jurisdiction to send a certificate of transfer under the Framework Decision. Usually the applicant will serve half of their outstanding sentence in the UK.
If we can help you in relation to your extradition matter, please don’t hesitate to contact Jonathan Black or Chloe Hingley on 02078373456