Transfer of Execution of Sentences Act 2005

Request for execution of sentence in designated country.

6

6.—(1) Subject to subsection (2), where a person in respect of whom a sentence has been imposed in the State flees from the State before he or she has—

( a) commenced serving that sentence, or

( b) completed serving that sentence,

and who is, for the time being, in a designated country, the Minister may request the person in the designated country concerned who performs functions the same as or similar to those performed by the Minister under this Act to consent to and arrange for the first-mentioned person's serving the sentence or remainder of the sentence, as the case may be, in that country.

(2) The Minister shall not make a request under subsection (1) unless—

( a) under the law of the designated country the person is, or is deemed to be, a national of the designated country,

( b) the order imposing the sentence is final, and

( c) subject to subsection (3), 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 the State there was not less than 6 months of the sentence remaining to be served.

(3) The Minister may, in relation to a person—

( a) sentenced to less than 6 months imprisonment, or

( b) who has less than 6 months remaining to serve of a sentence,

make a request under subsection (1), if he or she considers that exceptional circumstances exist which warrant the person serving the sentence or remainder of the sentence, as the case may be, in the designated country concerned.