The Justice Authorities of Taiwan and the Authorities of the
United Kingdom of Great Britain and Northern Ireland,
(hereinafter referred to as the “ Authorities ” );
Taking into consideration developments in international prisoner
transfer arrangements;
Have decided as follows:
1. DEFINITIONS
For the purposes of this Arrangement:
(a) “ sentence ” means any punishment or measure involving
deprivation of liberty ordered by a court in the territory
from which a sentenced person may be, or has been,
transferred for a determinate or life sentence on account of
a criminal offence;
(b) “ judgment ” means a decision or order of a court imposing
a sentence;
(c) “ sentenced person ” means a person who is required to be
detained in a prison or any other institution in the
territory of the transferring authorities from which that
person may be, or has been, transferred by virtue of a
judgment made by a court of that territory on account of a
criminal offence;
(d) “ transferring authorities ” means the persons with the
authority to act in an official capacity in respect of the
territory from which the sentenced person may be, or has
been, transferred;
(e) “ receiving authorities ” means the persons with the
authority to act in an official capacity in respect of the
territory to which the sentenced person may be, or has been,
transferred; and
(f) “close ties” means:
(i) in relation to the United Kingdom, an individual from the
United Kingdom, who is recognised as a British passport
holder who has the right of abode in the United Kingdom or
any person whose transfer the United Kingdom considers
appropriate having regard to any close ties which that
person has with the United Kingdom;
(ii) in relation to Taiwan, an individual from Taiwan, who is
recognised as a Taiwanese passport holder and is in
possession of ‘Household Registration’ in Taiwan.
2. GENERAL PRINCIPLES
1. The Authorities will afford each other the widest measure
of cooperation in respect of the transfer of sentenced
persons in accordance with the provisions of this
Arrangement.
2. Where the Authorities approve and in accordance with the
provisions of this Arrangement, a sentenced person may be
transferred from the territory of the transferring
authorities to the territory of the receiving authorities
with the sentenced person ’ s consent in order for the
sentenced person to continue serving the sentence imposed
by a court in the territory from which the sentenced
person is transferred.
3. The transfer of sentenced persons may be requested by
either the transferring authorities or the receiving
authorities.
4. The Authorities may enter into additional arrangements
governing the implementation of this Arrangement.
3. CONDITIONS FOR TRANSFER
Sentenced persons may be transferred under this Arrangement
only on the following provisos:
(a) the sentenced person has close ties to the territory of the
receiving authorities for the purposes of this Arrangement;
(b) the sentenced person consents to the transfer as set out in
6(1);
(c) the judgment is final and no other legal proceedings
relating to the offence or any other offence committed by
the sentenced person are pending in the territory of the
transferring authorities;
(d) the acts or omissions for which the sentence has been
imposed constitute a criminal offence according to the law
of the territory of the receiving authorities;
(e) the sentenced person has still at least 12 months of the
sentence to serve at the time the request for transfer is
received; in exceptional cases, the Authorities may approve
a transfer even if the sentenced person has less than 12
months of the sentence to serve; and
(f) the Authorities approve the transfer in accordance with
their legal and other requirements.
4. REQUESTS AND REPLIES
1. Requests for transfer and replies will be made in writing
through official channels to the relevant authorities
either in English or Chinese with a translation into the
other language.
2. For the purpose of 4(1) above, the Authorities will inform
each other via an exchange of letters of the authorities
which have been designated to make and receive
applications for transfer.
5. PROCEDURES FOR TRANSFER
1. If the receiving authorities request the transfer of a
sentenced person, they will provide the following
information, where available, to the transferring
authorities with the written request for transfer:
(a) the name, date and place of birth of the sentenced
person;
(b) the location of the sentenced person; and
(c) the permanent address of the sentenced person in the
territory of the receiving authorities.
2. If the transferring authorities request the transfer of a
sentenced person or, having received a request to transfer
under 5(1) above are prepared, in principle, to consider
the request for transfer of a sentenced person, they will
inform the receiving authorities in writing, and provide
the following information:
(a) the name, date and place of birth of the sentenced
person;
(b) the location of the sentenced person;
(c) if available, the permanent address of the sentenced
person in the territory of the receiving authorities;
(d) a statement of the facts upon which the conviction and
sentence were based;
(e) the nature, duration and date of commencement of the
sentence, the termination date of the sentence, if
applicable, and the length of time already served by the
sentenced person and any remission to which the sentenced
person is entitled on account of work done, good
behaviour, detention or other reasons;
(f) a copy of the judgment and information about the law on
which it is based; and
(g) if available, any other additional information, including
medical or custodial reports on the sentenced person,
which may be of significance for the sentenced person ’
s transfer and for the continued enforcement of the
sentence.
3. If the receiving authorities, having considered the
information which the transferring authorities have
provided, are willing to proceed with the transfer, they
will inform the transferring authorities in writing, and
provide the following information:
(a) a statement indicating that the sentenced person has
relevant ties to the territory of the receiving
authorities for the purposes of this Arrangement;
(b) a copy of the relevant law of the territory of the
receiving authorities which provides that the acts or
omissions on account of which the sentence has been
imposed in the territory of the transferring authorities
constitute a criminal offence according to the law of the
territory of the receiving authorities;
(c) a statement of the effect, in relation to the sentenced
person, of any law or regulation relating to that person
’ s detention in the territory of the receiving
authorities after that person ’ s transfer, including a
statement, if applicable, of 9(3) of this Arrangement
upon that person ’ s transfer; and
(d) a statement of any outstanding charges, convictions or
criminal investigations in respect of the sentenced
person.
4. If the transferring authorities are willing to proceed
with the transfer, they will provide the receiving
authorities with their written approval of the provisions
of the transfer.
5. Where the transfer is approved, the Authorities will make
arrangements for the transfer of the sentenced person.
Transfer of the sentenced person by the receiving
authorities from the transferring authorities will occur
on an approved date and at an approved place.
6. If either the transferring authorities or the receiving
authorities decide not to approve the transfer, they will
inform the other of its decision in writing.
6. CONSENT AND ITS VERIFICATION
1. The transferring authorities will ensure that the person
is required to give consent to the transfer in accordance
with 3(b) of this Arrangement, does so voluntarily and
with full knowledge of the legal consequences. The
procedure for giving such consent will be governed by the
law of the transferring authorities.
2. The transferring authorities will afford an opportunity to
the receiving authorities to verify that the consent of
the sentenced person is given voluntarily and with the
full knowledge of the legal consequences of transfer.
7. EFFECT OF TRANSFER FOR THE TRANSFERRING AUTHORITIES
1. The taking into charge of the sentenced person by the
receiving authorities will have the effect of suspending
the enforcement of the sentence by the transferring
authorities.
2. The remaining period of the sentence which has not been
served in the transferring authorities will be considered
served if the receiving authorities consider enforcement
of the sentence to have been completed.
8. RETENTION OF JURISDICTION
The transferring authorities will retain exclusive
jurisdiction for the revision or cancellation of the judgment
and sentence.
9. CONTINUED ENFORCEMENT OF SENTENCE
1. The receiving authorities will enforce the sentence as if
the sentence had been imposed in their territory.
2. The continued enforcement of the sentence after transfer
will be governed by the laws and procedures of the
territory of the receiving authorities, including those
providing for the conditions of detention and those
providing for release.
3. If the sentence is by its nature or duration incompatible
with the law of the territory of the receiving
authorities, those authorities may, with the approval of
the transferring authorities prior to transfer, adapt the
sentence to the punishment or measure prescribed by their
own law for a similar offence.
4. When adapting the sentence, the receiving authorities will
be bound by the findings of fact, insofar as they appear
from any opinion, conviction, judgment, or sentence
imposed in the territory of the transferring authorities.
5. The adapted sentence will, as far as possible, correspond
with the sentence imposed in the territory of the
transferring authorities and will not be less than the
maximum penalty provided for similar offences under the
law of the territory of the receiving authorities. The
adapted sentence will not, however, aggravate, by its
nature or duration, the sanction imposed in the territory
of the transferring authorities, nor exceed the maximum
penalty prescribed by the law of the territory of the
receiving authorities.
6. When adapting the sentence, the receiving authorities may
not convert a sanction involving deprivation of liberty to
a pecuniary sanction.
7. The receiving authorities will modify or terminate
enforcement of the sentence as soon as they are informed
of any decision by the transferring authorities to pardon
the sentenced person, or of any other decision or measure
by those authorities that results in termination or
reduction of the sentence.
8. The receiving authorities will provide the following
information to the transferring authorities in relation to
the continued enforcement of the sentence:
(a) when the sentence has been completed or conditional
release is granted;
(b) if the sentenced person has escaped from custody before
the sentence has been completed; and
(c) if the sentenced person is unable to complete the
sentence for any reason.
10. RIGHTS OF SENTENCED PERSONS
1. A sentenced person may express to either the transferring
authorities or the receiving authorities an interest in
being transferred under this Arrangement.
2. A sentenced person whose transfer is requested under this
Arrangement will:
(a) be informed by the transferring authorities of the
substance of this Arrangement; and
(b) have the provisions of the transfer explained in writing
in the sentenced person ’ s own language.
11. TREATMENT OF SENTENCED PERSONS
The Authorities will treat all sentenced persons transferred
under this Arrangement with respect to their right to life
and their protection against torture and cruel, inhuman or
degrading treatment or punishment.
12. EXPENSES
The expenses incurred in relation to the transfer of the
sentenced person will be borne by the receiving authorities
except if there is an arrangement between the Authorities.
13. TRANSIT OF SENTENCED PERSONS
If either of the Authorities transfers a sentenced person to
or from any third territory, the other Authorities will
co-operate in facilitating the transit of such a sentenced
person through its territory. The Authorities intending to
make such a transfer will give advance notice to the other
Authorities of such transit. This is without prejudice to
the right of the Authorities to refuse to grant transit in a
particular case.
14. TERRITORIAL APPLICATION
This Arrangement will apply:
(a) in relation to the United Kingdom, the territory of the
United Kingdom of Great Britain and Northern Ireland and the
Isle of Man; and to any other territory for the
international relations of which the United Kingdom is
responsible and to which this Arrangement will have been
extended by mutual arrangement between the Authorities by
exchange of notes; and
(b) in relation to Taiwan, to the territory of Taiwan.
15. TEMPORAL APPLICATION
This Arrangement will be applicable to the transfer of
sentenced persons who have been sentenced either before or
after the coming into operation of this Arrangement.
16. SETTLEMENT OF DISPUTES
Any dispute regarding the interpretation or application of
this Arrangement will be resolved by consultations between
the Authorities and will not be referred to any domestic or
international tribunal or third party for settlement.
17. FINAL PROVISIONS
1. This Arrangement will come into effect on the date of the
last signature.
2. Either of the Authorities may terminate this Arrangement
at any time by written notification to the other
Authorities. Such termination will become effective on
the expiration of a six month period after the date of
receipt of notification.
3. Notwithstanding any termination, this Arrangement, and
any assurances or commitments given pursuant to it, will
continue to have effect to the enforcement of sentences
of sentenced persons who have been transferred under this
Arrangement before the date on which such termination
takes effect.
The foregoing represents the arrangements approved by the
Authorities.
Signed in duplicate in the Chinese and in the English languages,
both texts being equally valid.
FOR THE JUSTICE FOR THE
AUTHORITIES OF AUTHORITIES OF
TAIWAN: THE UNITED
KINGDOM OF
GREAT BRITAIN
AND NORTHERN
IRELAND:
__________________ __________________
(Name) Tai Tung-Li (Name) Digby Griffith
(Title) (Title)
Deputy Director General Director
Department of National Operational
International and Services,
Cross-Strait Legal Affairs, National Offender
Ministry of Justice Management Service
(Date) 2016.4.15 (Date) 3‧5‧2016
(Place) Taipei (Place) London