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Serving Time in a Foreign Land 22 March 2012

Serving Time in a Foreign Land 22 March 2012. Anand Doobay Consultant, Peters & Peters 15 Fetter Lane, London, EC4A 1BW Tel: + 44 (0)20 7822 7777 Fax: + 44 (0)20 7822 7788 adoobay@petersandpeters.com www.petersandpeters.com. Transfer of Sentenced Persons: changes in the EU.

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Serving Time in a Foreign Land 22 March 2012

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  1. Serving Time in a Foreign Land22 March 2012 Anand Doobay Consultant, Peters & Peters 15 Fetter Lane, London, EC4A 1BW Tel: + 44 (0)20 7822 7777 Fax: + 44 (0)20 7822 7788 adoobay@petersandpeters.com www.petersandpeters.com

  2. Transfer of Sentenced Persons: changes in the EU • Obligation to recognise and execute sentence provided all • requirements are fulfilled • FD contains an exhaustive list of reasons for non-recognition • 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 • FD list – but can opt out • COE Convention requires double criminality

  3. 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 • 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) • COE Convention – an obligation to ‘promptly’ inform requesting state • of final decision but lengthy process

  4. Alternatives to Extradition

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