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UK looks at parole rights for 'non-belongers' in Overseas Territories

The UK Government is working to standardise treatment of British prisoners and their parole in Overseas Territories.

A Foreign and Commonwealth Office spokeswoman said a former Chief Executive of the Parole Board of England and Wales is visiting various overseas jurisdictions to examine the issue.

She told The Royal Gazette: "The FCO is aware of the issue of parole as it affects foreign national prisoners in Bermuda.

"It is a Government of Bermuda responsibility and we understand that they are currently reviewing the relevant legislation.

"In some OTs where parole legislation is in place there is a clause which does permit deportation for non-belongers. In some other OTs draft legislation includes this clause."

She said: "The UK Government is working to resolve this issue and to standardise, as far as possible, the legislation in OTs as it affects foreign national prisoners.

"A former Chief Executive of the Parole Board of England and Wales visited two OTs in early 2009 and is scheduled to visit three others in August/September to assist in this process."

Bermuda's Minister of Home Affairs, David Burch, last week announced possible legislative changes to enable foreign prisoners to obtain parole.

It follows concerns in the Parole Board 2008 Annual Report that a lack of opportunity for parole "remains an issue in need of resolution".

The report states: "As at December 2008, 27 foreign nationals remain incarcerated in Bermuda; mainly on conviction for drug offences; however, although the Board sees such persons when they reach their parole eligibility date, as the purpose of parole is supervised license, and the Board cannot guarantee such supervision outside of Bermuda the Board is unable, within the terms of the Act, to grant parole to foreign nationals.

"As an Overseas Territory, Bermuda's foreign affairs are managed by the United Kingdom Government, and the problem of foreign nationals (including British nationals) remains an issue in need of resolution."

The sister of one British prisoner has claimed the lack of parole is "a breach of his human rights".

Karon Goldman says her brother Martin Cashman must wait until he has served two-thirds of his sentence before being released, whereas Bermudian prisoners are eligible for parole after a third.

Cashman, 56, was jailed for 11 years in February 2004 for importation of 498 grams of heroin. He will not be eligible for release until 2011, but would have been eligible for parole two years ago had he had the same rights as Bermudian prisoners.

Senator Burch, who is also Minister for Public Safety, said last week that Government is examining the Parole Board Act 2001 with a view to possible amendments.

"I can report that the Ministry of Labour, Home Affairs and Housing, Department of Corrections and the Attorney General's Chambers are currently considering an appropriate mechanism to address this issue," he told the Senate.