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
Introduction
This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.
Related legislation
This Act is not collectively cited with any other Act.
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations.
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1996, may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (3/2023)
• Prisons Act 2015 (57/2015)
All Acts up to and including Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2023), enacted 2 May 2023, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• European Union (European Arrest Warrant Act 2003) (Amendment) Regulations 2021 (S.I. No. 150 of 2021)
• Transfer of Execution of Sentences Act 2005 (Designated Countries) Order 2007 (S.I. No. 659 of 2007)
• Transfer of Execution of Sentences Act 2005 (Commencement) Order 2006 (S.I. No. 647 of 2007)
All statutory instruments up to and including 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 revision.
Number 28 of 2005
TRANSFER OF EXECUTION OF SENTENCES ACT 2005
REVISED
Updated to 3 May 2023
ARRANGEMENT OF SECTIONS
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9A. |
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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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Criminal Procedure Act 1993 disapplied. (Repealed) |
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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.