Transfer of Execution of Sentences Act 2005

Execution of sentence imposed in sentencing country.

10

10.—(1) Subject to subsections (2) and (3), the High Court may, where a person is—

(a) brought before it under subsection (8) of section 8,

(b) brought before it under subsection (4) of section 9 at the same time as the certificate is produced in accordance with the said subsection (4), or

(c) before the High Court, by reason of having been remanded under the said subsection (4), at the same time as, or at any time after, the certificate is produced in accordance with the said subsection (4),

make an order committing the person to a prison F2[] for a period equal to—

(i) in the case of a person who fled from the sentencing country before he or she began serving the sentence concerned, the period of the sentence less the deductible period, or

(ii) in the case of a person who served part of the sentence concerned but fled from the sentencing country before he or she completed serving that sentence, the period of the sentence that remains unserved less the deductible period.

(2) The High Court shall not make an order under subsection (1) unless—

(a) the Minister has given his or her consent under subsection (1) of section 7 in relation to the person concerned,

(b) the person is an Irish citizen or, where the person is not an Irish citizen, the Minister is of the opinion that the person has close ties with the State,

(c) the order imposing the sentence in the sentencing country is final,

(d) subject to subsection (3) of section 7, the term of the sentence concerned is not less than 6 months or, where the person has already served part of the sentence concerned at the time of his or her fleeing to the State, there was not less than 6 months of the sentence remaining to be served,

(e) the offence under the law of the sentencing country in respect of which the sentence was imposed corresponds to an offence under the law of the State,

(f) circumstances exist whereby—

(i) had the person's surrender been sought pursuant to a F3[relevant arrest warrant], the surrender of the person would not be prohibited under Part 3 (other than section 38(1)) of the European Arrest Warrant Act 2003, or

(ii) had the person's extradition been sought, his or her extradition would not be prohibited under the Extradition Acts 1965 to 2001 (other than section 10(1) or 10(1A) (inserted by section 11(a) of the Extradition (European Union Conventions) Act 2001) of the Extradition Act 1965).

(3) Where a person who was sentenced in the sentencing country to a sentence that is greater than the maximum term of imprisonment to which the person would be liable if he or she was convicted in the State of an offence corresponding to the offence of which he or she was convicted in the sentencing country, the High Court may, upon the application of the Minister, commit the person to prison pursuant to an order under subsection (1) for a period not exceeding—

(a) in the case of a person who fled from the sentencing country before he or she began serving the sentence concerned, the said maximum term less the deductible period, or

(b) in the case of a person who served part of the sentence concerned but fled from the sentencing country before he or she completed serving that sentence, the said maximum term less—

(i) the period of the sentence actually served by the person in the sentencing country, and

(ii) the deductible period.

(4) (a) Any element of, or condition attaching to, a sentence, or requirement to which a sentence is subject, that renders the sentence less favourable to a sentenced person than the penalty to which he or she would be liable were he or she to be convicted in the State of an offence corresponding to the offence of which he or she was convicted in the sentencing country, shall, if the High Court so directs, not apply to a sentenced person who is committed to a prison F2[] pursuant to an order under subsection (1).

(b) Paragraph (a) shall not apply to an element, condition or requirement relating to the duration of the sentence concerned.

(5) A person to whom an order under subsection (1) applies shall not be entitled to bring any appeal in the State against the conviction,

or the sentence imposed, in the sentencing country.

(6) (a) Subject to paragraph (b), where the State is notified by the sentencing country that a person to whom an order under subsection (1) applies would, under the law of the sentencing country, be entitled to be released from detention forthwith or on and from such date as may be specified in the notification concerned, the person shall be released from prison F2[] either forthwith or on and from that date, as may be appropriate.

(b) Paragraph (a) shall not apply if—

(i) (I) the person has been sentenced to a term of imprisonment for an offence of which he or she was convicted in the State,

(II) on the date on which he or she would, but for this subparagraph, be entitled to be released under paragraph (a), all or part of the term of imprisonment remains unexpired, and

(III) the person is required to serve all or part of the remainder of that term of imprisonment,

or

(ii) (I) the person has been charged with, or convicted of, an offence in the State, and

(II) on the date on which he or she would, but for this subparagraph, be entitled to be released under paragraph (a), he or she is required to be in custody, by virtue of having been remanded in custody pending his or her being tried, or the imposition of sentence, as the case may be, in respect of that offence.

(7) In this section “deductible period” means, in relation to a person to whom this section applies—

(a) the period (if any) spent by the person in custody in the State pending the making of an order under this section, and

(b) the part (if any) of the term of the sentence that, under the law of the sentencing country, the person is not required to serve.

Annotations

Amendments:

F2

Deleted (7.04.2017) by Prisons Act 2015 (57/2015), s. 16(b), S.I. No. 134 of 2017.

F3

Substituted (30.03.2021) by European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021), reg. 44, in effect as per reg. 1(2).