Transfer of Execution of Sentences Act 2005
Number 28 of 2005
TRANSFER OF EXECUTION OF SENTENCES ACT 2005
REVISED
Updated to 3 May 2023
This Revised Act is an administrative consolidation of Transfer of Execution of Sentences Act 2005. It is prepared by the Law Reform Commission in accordance with its function under Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2023), enacted 2 May 2023, and all statutory instruments up to and including the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (Commencement) Order 2023 (S.I. No. 213 of 2023), made 2 May 2023, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 28 of 2005
TRANSFER OF EXECUTION OF SENTENCES ACT 2005
REVISED
Updated to 3 May 2023
ARRANGEMENT OF SECTIONS
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4. |
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8. |
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9. |
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9A. |
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10. |
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10A. |
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10B. |
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10C. |
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10D. |
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10E. |
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11. |
Criminal Procedure Act 1993 disapplied. (Repealed) |
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14. |
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Acts Referred to |
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Criminal Justice Act 1960 |
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Criminal Law (Jurisdiction) Act 1976 |
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Criminal Procedure Act 1993 |
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European Arrest Warrant Act 2003 |
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Extradition Act 1965 |
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Extradition Acts 1965 to 2001 |
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Extradition (European Union Conventions) Act 2001 |
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Ministers and Secretaries Act 1924 |
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Transfer of Sentenced Persons Act 1995 |
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Number 28 of 2005
TRANSFER OF EXECUTION OF SENTENCES ACT 2005
REVISED
Updated to 3 May 2023
AN ACT TO GIVE EFFECT TO ARTICLE 2 OF THE ADDITIONAL PROTOCOL TO THE CONVENTION ON THE TRANSFER OF SENTENCED PERSONS DONE AT STRASBOURG ON 18 DECEMBER 1997 AND CHAPTER 5 OF TITLE III OF THE CONVENTION IMPLEMENTING THE SCHENGEN AGREEMENT OF 14 JUNE 1985 BETWEEN THE GOVERNMENTS OF THE STATES OF THE BENELUX ECONOMIC UNION, THE FEDERAL REPUBLIC OF GERMANY AND THE FRENCH REPUBLIC ON THE GRADUAL ABOLITION OF CHECKS AT THEIR COMMON BORDERS DONE AT SCHENGEN ON 19 JUNE 1990.
[13th December, 2005]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Application of Act restricted (3.05.2023) by Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (3/2023), s. 86, S.I. No. 213 of 2023.
Transitional provision
86. Where, before the date on which Parts 1 to 3 come into operation—
(a) a request was made by the Minister, a sentencing state (within the meaning of the Act of 1995) or a sentencing country (within the meaning of the Act of 2005),
(b) an application was granted by the Minister,
(c) a warrant was issued, or
(d) any other order or step was taken,
under the Act of 1995 or the Act of 2005 in respect of a sentence to which this Act applies, the request, application, warrant, other order or step shall be deemed to have been made under this Act and this Act shall apply accordingly.