Repatriation of Prisoners
Produced in partnership with Andrew Sperling of SL5 Legal

The following Corporate Crime practice note produced in partnership with Andrew Sperling of SL5 Legal provides comprehensive and up to date legal information covering:

  • Repatriation of Prisoners
  • Issue of warrant for transfer
  • Transfer of a prisoner out of the UK
  • Transfer of a prisoner into the UK
  • Provisions of a warrant of transfer
  • Prosecution of other offences following repatriation
  • Temporary return
  • Amendments to the RPA 1984 under the Criminal Justice and Immigration Act 2008
  • Revocation of warrants transferring prisoners
  • Expenses to be met by the prisoner

Repatriation of Prisoners

Repatriation is the process whereby a prisoner serving a sentence of imprisonment in one country may be able to serve the balance of their sentence in their country of origin provided that there is an international agreement in place between the UK and the country of origin.

A list of those countries with which the UK currently has a repatriation agreement is at Annex S of PSI 52/2011. This list is subject to change as additional prisoner transfer agreements are concluded. If a prisoner wishes to transfer to a country which is not on this list the Cross Border Transfer Section should be contacted for confirmation of possibility of transfer.

Repatriation can take place either on a voluntary basis, or where provided for by the relevant international arrangements, on a compulsory basis.

Prisoners who meet the criteria for transfer but who have outstanding criminal proceedings against them in the UK will not be considered for transfer until these proceedings have been resolved. Prisoners with outstanding confiscation orders will be required to satisfy those orders or have had a term of imprisonment in default imposed before consideration for repatriation can be given.

Issue of warrant for transfer

In order for any prisoner to be repatriated into or out of the UK a warrant must be issue for that transfer. Warrants for transfer can only be issued if:

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