No. 16 of 2003. The Repatriation of Prisoners Act, 2003. 1 ANTIGUA
AND
BARBUDA
[ L.S. ]
I Assent,
James B. Carlisle
Governor-General.
17th December, 2003
ANTIGUA AND BARBUDA
No. 16 of 2003
AN ACT to facilitate the transfer between Antigua and Barbuda
and other countries of persons detained in prisons and other
institutions by virtue of orders made by courts in exercise of
.their criminal jurisdiction.
[ 24th December, 2003 ]
ENACTED by the Parliament of Antigua and Barbuda as
follows:
PART I
PRELIMINARY
1. This Act may be cited as the Repatriation of Prisoners Act, short title and
2003 and shall come into operation on such date as the Minister commencement.
may, by notice in the Gazette, appoint.
2. (1) In this Act, unless the context otherwise requires - Interpretation.
"international agreement" means an agreement, to which
Antigua and Barbuda is a party, providing for the transfer
between Antigua and Barbuda and another country of
persona to whom thia Act applies.
ANTIGUA 2 The Repatriation of Prisoners Act, 2003. NO. 16 of 2003.
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"judgment" means a decision or order of a court imposing
a sentence;
"Minister" means the Minister responsible for Justice and
Legal Affairs;
"national" means -
(a) in relation to Antigua and Barbuda, a citizen
of Antigua and Barbuda; or
(b) in relation to any other country, means a
citizen of that country or any person whose
transfer the Government of that country
considers appropriate having regard to any
close ties which the person has with that
country.
"order" includes any sentence, direction, warrant or other
means of giving effect to the decision of a court or
tribunal;
"Party" means a party to an international agreement for
the transfer of prisoners;
"prisoner" means a person who is required to be detained
in a prison, hospital or other institution in the sentencing
State by virtue of an order made by a court in the course
of its criminal jurisdiction;
"receiving State" means the State to which the prisoner
may be, or has been, transferred in order to serve his
sentence;
"sentence" means any punishment or measure involving
deprivation of liberty ordered by a court for a limited or
unlimited period of time in the course of the exercise of its
criminal jurisdiction;
"sentencing State" means the State in which the sentence
was imposed on the prisoner who may be, or has been,
transferred.
(2) In this Act, a reference to the receiving State or the
sentencing State is a reference to Antigua and Barbuda or to a
country which is a party to an international agreement, as the
case may be.
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3. (1) This Act shall apply where there is in existence an Application.
international agreement to which Antigua and Barbuda is a
Party.
(2) The Minister shall, by Order in the Gazette, publish every
international agreement and, with effect fromthe date of coming
into force of any such agreement as the Minister may specify in
the Notice, this Act shall have effect in relation to the transfer of
prisoners into or out of Antigua and Barbuda, subject to such
exceptions, adaptations or modifications as may be specified in
the Order.
(3) This Act shall apply to the transfer of prisoners serving
sentences imposed either before or after its coming into opera-
tion.
PART I1
GENERAL PRINCIPLES, CONDITIONS AND
PROCEDURE FOR TRANSFER
4. (1) A prisoner sentenced in the territory of one Party may Purpose of
be transferred to the territory of the other Party, in order to serve transfer.
the sentence imposed on him and for that purpose, he may
express in writing his interest to the sentencing State or the
receiving State in being transferred under this Act.
(2) The transfer may be requested by either the sentencing
State or the receiving State.
5. (1) A prisoner may be transferred under this Act only if the Conditions For
following conditions are met: transfer.
(a) the prisoner is a national of the receiving State;
(b) all appeal procedures have been completed and the
sentence is final with no extraordinary review pro-
cedures pending at the time of invoking the provi-
sions of this Act;
(c) at the time of receipt of the request for the transfer
the prisoner still has at least six months of the
sentence to serve;
ANTIGUA 4 The Repatriation ofPrisoners Act, 2003. No. 16 of 2003.
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(d) the prisoner himself consents to the transfer, or
where one of the States considers in view of his age
or his physical or mental condition that it is neces-
sary, his legal representative consents on his behalf;
(e) the act or omission on account of which the sentence
was imposed constitutes a criminal offence accord-
ing to the law of the receiving State or would
constitute a criminal offence if committed on its
territory; and
@ the sentencing and receiving States agree to the
transfer.
(2) The receiving State and the sentencing State shall retain
absolute discretion to refuse the transfer of the prisoner.
(3) Where a prisoner is a dual national of another Party and
Antigua and Barbuda, renunciation of citizenship of another
State after sentencing in another State shall not qualify the
prisoner to be treated as a citizen of Antigua and Barbuda.
Procedures for 6. (1) A prisoner to whom this Act applies shall be informed
transfer. by the sentencing State of the substance of this Act and the
international agreement relevant to his transfer.
(2) Ifthe sentencing State is prepared, in principle, to approve
a prisoner's request for transfer, it shall provide the receiving
State with the following information:
(a) the name, date and place of birth of the prisoner;
(b) the nature, duration and date of commencement of
the sentence imposed;
(c) a statement ofthe facts upon which the sentence was
based;
(d) a statement indicating how much of the sentence has
already been served, including information on any
pre-trial detention, remission or any other factor
relevant to the enforcement of the sentence;
(e) a certified copy of the judgment and the law on
which it was based;
No. 16 of 2003. The Repatriation of Prisoners Act, 2003. 5 ANTIGUA
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fl a medical or social report, or both, on the prisoner,
information about his medical treatment in the sen-
tencing State and any recommendation for his fur-
ther medical treatment in the receiving State;
(g) a written statement to the effect that the prisoner has
given consent to the transfer.
(3) If the receiving State, having considered the information
which the sentencing State has supplied, is willing to consent to
the prisoner's transfer, it shall furnish the sentencing State with
the following:
(a) a statement indicating that the prisoner is a national
of that State;
(b) a copy of the relevant law of the receiving State
which provides that the act or ornissior, on account
of which the sentence has been imposed in the
sentencing State constitutes a criminal offence ac-
cording to the law of the receiving State, or would
constitute a criminal offence if committed on its
territory;
(c) a statement of the effect, in relation to the prisoner,
of any law or regulation relating to that person's
detention in the receiving State after that person's
transfer, including a statement, if applicable, of the
effect of subsection (3) of section 13 upon that
person's transfer.
(4) Transfer of the prisoner from the custody of the authori-
ties of the sentencing State into the custody of the authorities of
the receiving State shall take place on the territory of the
sentencing State.
(5) The prisoner shall be informed in writing of any measure
taken by the sentencing State or by the receiving State in relation
to compliance with this section as well as any decision, taken by
either of the Parties, as regards the request for transfer.
7. Requests for transfer and replies between the requesting Communication
State and the receiving State shall be made in writing through Or 'equesfs and
diplomatic channels by the competent authority of each State.
rephes.
ANTIGUA
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BARBUDA
Consent and its
verification.
Issue and effect
of warrant for
transfer.
6 The Repatriation of Prisoners Act, 2003. No. 16 of 2003.
8. (1) The sentencing Sate shall ensure that the person
required to give consent to the transfer in accordance with
subsection 1 (d) of section 5 does so voluntarily and with full
knowledge of the legal consequences thereof; and the procedure
for giving such consent shall be governed by the law of the
sentencing State.
(2) The sentencing State shall afford an opportunity to the
receiving State to verify, through a consul or other official
agreed upon with the receiving State, that the consent is given in
accordance with the conditions set out in subsection (1).
PART I11
WARRANTS
9. (1) Subject to this Act and the Regulations made thereun-
der, the Minister may issue a warrant providing for the transfer
of a prisoner into or out of Antigua and Barbuda.
(2) The effect of a warrant providing for the transfer of the
prisoner out of Antigua and Barbuda shall be to authorise -
(a) the taking of the prisoner to any place in any part of
Antigua and Barbuda and his delivery, at a place of
departure firom Antigua and Barbuda, into the cus-
tody of the proper authority of the Government of
the receiving State; and
(b) the removal of the prisoner by the person to whom
he is so delivered to aplace in the territory of another
Party.
(3) The effect of a warrant providing for the removal of the
prisoner into Antigua and Barbuda shall be to authorise -
(a) the bringing of the prisoner into Antigua and
Barbuda;
(b) the taking of the prisoner to such place in any part of
Antigua and Barbuda, being a place at which effect
may be given to the provisions of the warrant by
virtue of paragraph (c), as may be specified in the
warrant; and
No. 16 of 2003. The Repapiation of Prisoners Act, 2003. 7 ANTIGUA,
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(c) the detention of the prisoner in any part of Antigua
and Barbuda in accordance with the provisions of
the warrant.
(4) The Minister shallnot issue a warrant and, ifhe has issued
one, shall revoke it in any case where, before the transfer takes
place, circumstances arise or are brought to his attention, which
in his opinionmake it inappropriate that the transfer should take
place.
(5) A consent given under subsection (1) (d) of section 5 for
the transfer of a prisoner shall not be capable ofbeing withdrawn
after a warrant has been issued in respect of the prisoner; and a
purported withdrawal of that consent after that time shall not
affect the validity of the warrant or any variation of the terms of
the warrant which the Minister considers appropriate for giving
effect to the transfer.
10. The order of detention by virtue of which a prisoner is Continuing effect
detained at the time a warrant for his transfer out of Antigua and Of detention
Barbuda is issued shall continue to have effect during and after Order.
his removal from Antigua and Barbuda and may be enforced
against him if he is again in Antigua and Barbuda at any time
when under that order he is to be, or may be, detained.
11. (1) Where a warrant has been issued under this Act, the operation of
following provisions of this section shall have effect for the wanant and
purposes ofthe warrant in relation to any time when the prisoner retaking Of
prisoner.
is required to be detained while in Antigua and Barbuda.
(2) The prisoner shall be deemed to be in the legal custody of
the proper authority at any time when, being in Antigua and
Barbuda or on board a vessel or an aircraft, he is being taken
under the warrant to or from any place or being kept in custody
under the warrant.
(3) A police officer or a prison officer, or any other person
who is authorised by the Minister in writing for the purposes of
the warrant, may take the prisoner to or from any place under the
warrant or keep the prisoner in custody under the warrant.
(4) A prison officer or any other person authorised by the
Minister under subsection (3) shall have all the powers, author-
ity, protection and privileges of a police officer in Antigua and
Barbuda while in Antigua and Barbuda.
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(5) If the prisoner escapes or is unlawfully at large, a police
officer or any other person referred to in subsection (3) may
arrest him without a warrant and take him to any place to which
he may be taken under the warrant.
PART IV
MISCELLANEOUS
Effect of transfer 12. (1) The taking into charge of the prisoner by the authori-
f3r sentencing
State.
ties of the receiving State shall have the effect of suspending the
enforcement of the sentence in the sentencing State.
(2) The sentencing State may no longer enforce the sentence
if the receiving State considers enforcement of the sentence to
have been completed.
Procedure for 13. (1) A prisoner who has been transferred under this Act
enforcement of shall not be arrested, put on trial or sentenced by the receiving
sentence. State for the same offence for which he was sentenced in the
sentencing State.
(2) The continued enforcement of the sentence after transfer
shall be governed by the law of the receiving State and that State
alone shall be competent to take all appropriate decisions.
(3) The receiving State shall be bound by the legal nature and
duration of the sentence as determined by the sentencing State.
If, however, the sentence is by nature or duration incompatible
with the law of the receiving State, that State may, with the
agreement ofthe sentencing State prior to the transfer, adapt the
sanction to the punishment or measure prescribed by its own law
for a similar offence. It shall not, however, aggravate, by its
nature or duration, the sanction imposed in the sentencing State.
Pardon, amnesty, 14. Either Party may grant pardon, amnesty or commutation
commutation. of sentence in accordance with its Constitution or other law.
Review of 15. (1) The sentencing State alone shall have the right to
judgment. decide on any application for review of the judgement.
(2) If the sentencing State revises, modifies, or overturns the
judgment pursuant to subsection 1 or otherwise reduces, com-
mutes or terminates the sentence, the receiving State shall, upon
No. 16 of 2003. The Repatriation of Prisoners Act, 2003. 9 ANTIGUA
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being notified of the decision, give effect thereto in accordance
with that decision.
16. If either Party enters into arrangements for the transfer of Transit.
prisoners with any third State, the other Party shall co-operate in
facilitating the transit through its territory of prisoners being
transferred pursuant to such arrangements, excepting that it may
refuse to grant transit to any prisoner who is one of its own
nationals. The Party intending to make such a transfer shall give
advance notice to the other Party of such transit.
17. Any costs incurred in the application of this Act shall be costs
borne by the receiving State, except costs incurred exclusively
in the territory of the sentencing State. The receiving State may,
however, seek to recover all or part of the cost of transfer from
the sentenced person or from some other source.
18. The Minister may make Regulations for carrying out the Regulations
purposes of this Act and the Regulations may provide for -
(a) the information to be given to a prisoner relating to
the prisoner's transfer into or out of Antigua and
Barbuda or in connection with his detention after
the transfer;
(b) the recovery, from a prisoner transferred into Antigua
and Barbuda or from other sources, of expenses
incurred in connection with the conveyance of the
prisoner to Antigua and Barbuda;
(c) the forms of warrants and other documents which
may be prescribed under this Act.
Passed the House of Representatives Passed the Senate this 6th day of
this 21st day of October, 2003. November, 2003.
B. Harris,
Speaker.
M. Percival,
President.
S. Walker, S. Walker,
Clerk to the House of Representatives. Clerk to the Senate.
Printed at the Government Printing Office, Antigua and Barbuda,
by Walter A. Massiah, Government Printer
- By Authority, 2003.
800-12.03 [ Price $4.001
