The following letter lays out what Michael Sheilds can expect with regard to the rest of his sentence.It looks like the campaign is not over yet.Now it must go to the Queen to release him.
Dear Brian,
I know many of you are concerned about the recent review of British policy on supporting clemency
pleas. I thought it would be helpful to write to you setting out the position on this, and on the Prisoner
Transfer Agreement.
Clemency
Last year the Foreign and Commonwealth Office conducted a general review of policy on when we
support clemency pleas. It was decided not to change the policy. The primary concern was to ensure that
the policy should be based on clear and objective criteria. This is best achieved by the current guidelines-
only supporting clemency please when there are compelling compassionate grounds to do so, such as
when a prisoner is terminally ill, or when a close relative is terminally ill and their death will leave
children or elderly relatives with no-one to care for them.
We looked very carefully at the policy of the Australian Government. Australia supports prisoner's
clemency pleas when they have served a sentence comparable to the one they might have received if they
had committed the offence in Australia. Australian policy relies on the Government knowing what a
"standard" sentence would be for any given crime. This would not be possible in the UK. The only
sentencing guidelines the Home Office produces are those describing maximum sentences. British courts
are allowed wide discretion, based on the circumstances of each crime, deciding what sentence to give
within the maximum allowed. So we could not calculate consistent, fair and accurate "British" sentences
for prisoners sentenced overseas.
If you decide to take advantage of the Prisoner Transfer Agreement that we have with Thailand you can
serve the remainder of your sentence in a British prison. However this does not mean that the UK is able
to change your sentence when you transfer home. Any review of your judgement and sentence is a matter
for His Majesty the King and his advisers. I should add that it is still possible to appeal for clemency and
benefit from amnesties even after transfer to the UK.
Once you return to the UK we are bound by the terms of our bilateral Prisoner Transfer Agreement to
continue to enforce the Thai sentence. As you are probably aware our parole system is not as flexible as
those of other countries. For example, the United States has a parole system that allows a prisoner s
sentence to be reviewed after transfer to bring it into line with domestic sentencing guidelines. UK law
does not allow us to make special parole arrangements for transferred prisoners. Returning prisoners are
treated in exactly the same way as prisoners sentenced in the UK and are eligible for release on parole
after serving half their sentences.
If there is anything else you would like to know or would like further clarification on, please do not
hesitate to let me or my colleagues know. We will do our best to help. If there are any changes or
developments that affect you, we will let you know.
Brian Kelly .
H M Consul
Dear Brian,
I know many of you are concerned about the recent review of British policy on supporting clemency
pleas. I thought it would be helpful to write to you setting out the position on this, and on the Prisoner
Transfer Agreement.
Clemency
Last year the Foreign and Commonwealth Office conducted a general review of policy on when we
support clemency pleas. It was decided not to change the policy. The primary concern was to ensure that
the policy should be based on clear and objective criteria. This is best achieved by the current guidelines-
only supporting clemency please when there are compelling compassionate grounds to do so, such as
when a prisoner is terminally ill, or when a close relative is terminally ill and their death will leave
children or elderly relatives with no-one to care for them.
We looked very carefully at the policy of the Australian Government. Australia supports prisoner's
clemency pleas when they have served a sentence comparable to the one they might have received if they
had committed the offence in Australia. Australian policy relies on the Government knowing what a
"standard" sentence would be for any given crime. This would not be possible in the UK. The only
sentencing guidelines the Home Office produces are those describing maximum sentences. British courts
are allowed wide discretion, based on the circumstances of each crime, deciding what sentence to give
within the maximum allowed. So we could not calculate consistent, fair and accurate "British" sentences
for prisoners sentenced overseas.
If you decide to take advantage of the Prisoner Transfer Agreement that we have with Thailand you can
serve the remainder of your sentence in a British prison. However this does not mean that the UK is able
to change your sentence when you transfer home. Any review of your judgement and sentence is a matter
for His Majesty the King and his advisers. I should add that it is still possible to appeal for clemency and
benefit from amnesties even after transfer to the UK.
Once you return to the UK we are bound by the terms of our bilateral Prisoner Transfer Agreement to
continue to enforce the Thai sentence. As you are probably aware our parole system is not as flexible as
those of other countries. For example, the United States has a parole system that allows a prisoner s
sentence to be reviewed after transfer to bring it into line with domestic sentencing guidelines. UK law
does not allow us to make special parole arrangements for transferred prisoners. Returning prisoners are
treated in exactly the same way as prisoners sentenced in the UK and are eligible for release on parole
after serving half their sentences.
If there is anything else you would like to know or would like further clarification on, please do not
hesitate to let me or my colleagues know. We will do our best to help. If there are any changes or
developments that affect you, we will let you know.
Brian Kelly .
H M Consul