Serving Time in a Foreign Land 22 March 2012 Anand Doobay Consultant, Peters & Peters 15 Fetter Lane, London, EC4A 1BW Tel: + 44 (0) Fax: + 44 (0)

Transfer of Sentenced Persons: changes in the EU Obligation to recognise and execute sentence provided all requirements are fulfilled o FD contains an exhaustive list of reasons for non-recognition o COE Convention does not require recognition and execution of sentence  Merely provides a system for cooperation if the relevant States Parties consent, on a case by case basis Double criminality is not always a requirement o FD list – but can opt out o COE Convention requires double criminality

Transfer of Sentenced Persons: changes in the EU Provides for transfer to a state other than the state of nationality or state to which sentenced person has fled o However some States Parties to COE Convention expressed a wide understanding of the term ‘national’ – e.g. UK, the Netherlands Time limits (enforce in 90 days and transfer in 30 days) o COE Convention – an obligation to ‘promptly’ inform requesting state of final decision but lengthy process

Alternatives to Extradition MeasureDeadlineBrief Description European Investigation Order In draft Would allow one EU Member State to carry out investigative measures at the request of another Crime (International Co- operation) Act 2003, Part Allows for a document or processes from the government of a country outside the UK to be served on a person in the UK and vice versa FD 2009/829/JHA – Mutual recognition of pre-trial supervision orders Provides for the supervision of a person who is subject to criminal proceedings in a state in which s/he is not resident to be supervised by authorities in the Member State of residence whilst awaiting trial FD 2005/214/JHA – mutual recognition of financial penalties Fines or penalties of €70 or more which are imposed by authorities in one Member State are to be recognised and enforced in another Member State. FD 2008/947/JHA – mutual recognition of judgments and probation decisions Another Member State recognises judgments and probation decisions; supervises probation measures or alternative sanctions imposed FD 2008/909/JHA - mutual recognition of custodial sentences Allows for an individual who has been given a custodial sentence in one EU Member State to serve the sentence in another EU Member State