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UK-Italy treaty simplifies cross-border transfer of sentenced persons

Mar 4, 2026
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UK-Italy treaty simplifies cross-border transfer of sentenced persons
The UK Foreign, Commonwealth & Development Office today published Treaty Series No. 1/2026—an agreement with Italy that creates a streamlined legal pathway for transferring convicted individuals to serve their sentences in their home country. Signed and released on 3 March 2026, the accord modernises a 1950s-era framework and aligns procedures with Council of Europe Convention standards. Under the new rules, transfer requests can be initiated by either state or by the prisoner, and decisions must be communicated within 45 days—a significant acceleration compared with the previous average of eight months. Digital dossiers will move via secure e-channels rather than diplomatic pouch, and health-condition transfers gain an emergency fast-track of 10 days. The pact also clarifies that remaining sentence length, not original tariff, governs eligibility, reducing administrative disputes. Although primarily judicial, the treaty has mobility implications: expatriates who find themselves on the wrong side of Italian or UK law now benefit from clearer expectations, and corporate compliance teams may find reduced reputational risk when assisting staff in legal distress abroad. Immigration lawyers anticipate fewer long-stay visa complications for family members visiting incarcerated relatives, as transfers home shorten overseas detention. Implementation still requires domestic ratification in both parliaments. The Italian Ministry of Justice signalled swift action, noting that 147 UK nationals are currently in Italian prisons, while 102 Italians are detained in the UK. Once in force, the treaty will coexist with EU prisoner-transfer mechanisms, ensuring continuity after Brexit and closing an often-overlooked mobility gap between the two nations.
Source: UK Government Treaty Library

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