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