Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697628684668.pdf (Antigua and Barbuda)
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, 2003 and shall come into operation on such date as the Minister may, by notice in the Gazette, appoint.

short title and commencement.

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.

2 The Repatriation of Prisoners Act, 2003.

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ANTIGUA AND BARBUDA "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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16 of 2003.

The Repatriation of Prisoners Act, 2003.

3 ANTIGUA AND BARBUDA 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 transfer.
be transferred to the territory of the other Party, in order to serve 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; 4 The Repatriation ofPrisoners Act, 2003.

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ANTIGUA AND BARBUDA (d) (e) 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; 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 transfer.

6.


(1) A prisoner to whom this Act applies shall be informed 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) (b) (c) (d) the name, date and place of birth of the prisoner; the nature, duration and date of commencement of the sentence imposed; a statement ofthe facts upon which the sentence was based; 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.
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The Repatriation of Prisoners Act, 2003.

5 ANTIGUA AND BARBUDA 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.
7.

Requests for transfer and replies between the requesting Communication Or 'equesfs and rephes.

State and the receiving State shall be made in writing through diplomatic channels by the competent authority of each State.

ANTIGUA AND BARBUDA Consent and its verification.

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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 Issue and effect of warrant for transfer.

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) (b) the bringing of the prisoner into Antigua and Barbuda; 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.

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The Repapiation of Prisoners Act, 2003.


7 ANTIGUA, AND BARBUDA (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.
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 Barbuda is issued shall continue to have effect during and after 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.

Of detention Order.

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 retaking Of purposes ofthe warrant in relation to any time when the prisoner 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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ANTIGUA AND BARBUDA (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 f3r sentencing State.

12.
12.

(1) The taking into charge of the prisoner by the authori- 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 enforcement of sentence.

13.


(1) A prisoner who has been transferred under this Act shall not be arrested, put on trial or sentenced by the receiving 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, commutation.

14.

Either Party may grant pardon, amnesty or commutation of sentence in accordance with its Constitution or other law.

Review of judgment.

15.

(1) The sentencing State alone shall have the right to 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 AND BARBUDA being notified of the decision, give effect thereto in accordance with that decision.

16.
16.

If either Party enters into arrangements for the transfer of 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.

Transit.

17.
Transit.

17.

Any costs incurred in the application of this Act shall be 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.

costs 18.
The Minister may make Regulations for carrying out the Regulations purposes of this Act and the Regulations may provide for - (a) (b) 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; 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 this 21st day of October, 2003.

Passed the Senate this 6th day of November, 2003.

B. Harris, Speaker.

S. Walker, Clerk to the House of Representatives.

M. Percival, President.

S. Walker, 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