The Celtic League continue to press the case for the transfer back to Ireland of republican prisoner Noel Maguire. However UK prison authorities remain obdurate (see below):
«Safer Custody and offender Policy Cross Border Transfer and Foreign National Policy 1st Floor Fry Building 2 Marsham Street London SW1P 4DF
christopher.binns@...
2 June 2009
Dear Mr Tal-e-bot
Re: Noel Maguire (FF9197) Application for a prison Transfer
Thank you for your letter of 15 April 2009 concerning the transfer of Mr Noel Maguire from England and Wales to a prison in Northern Ireland. Your correspondence has been passed to this section as we hold the policy for prison transfers between the jurisdictions of the United Kingdom. I apologise for the delay in responding.
As I can see no evidence that Mr Maguire has given written permission for your organisation to act on his behalf and therefore I am not able to discuss his case in any specific detail. However, it may be useful to give an outline on the criteria that needs to be met when considering a prisoner transfer to Northern Ireland.
The transfer of prisoners between United Kingdom jurisdictions is governed by schedule 1 of the Crime (Sentences) Act 1997. Each application that is received by the Cross Border transfer Section (CBTS) of the Ministry of Justice will be assessed on its individual merits. However, there are factors which must be considered when assessing a request for a prison transfer to the UK from another jurisdiction. First of all CBTS will expect to be advised of the purpose of the transfer. Secondly, whether the prisoner was resident in the jurisdiction or their close family is resident in that jurisdiction and are in a position to visit the prisoner. In addition, whether it is the intention of a prisoner to settle into the receiving jurisdiction would also be taken into consideration as a basis for transfer. It is also expected that a prisoner will not pose an unacceptable risk to security of a prison establishment. Finally, CBTS will examine whether there are any compelling or compassionate reasons for the prisoner to be transferred.
The process of moving a prisoner between jurisdictions requires a substantial quantity of information to be available to ensure that the receiving prison service, in this case the Northern Ireland Prison Service is content that a prisoner would be suitable for their estate. Therefore a transfer is not necessarily a swift process and a take some time to complete. I met Mr Maguire in HMP Whitemoor in March and explained that this was the case and when required we can provide him with updates on the progress of his application.
Yours sincerely
Christopher Binns»
Related item on Celtic News (with additional links) at:
J B Moffatt Director of Information Celtic League
16/06/09
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