Transfer of Execution of Sentences Act 2005
1.—(1) In this Act, except where the context otherwise requires—
F1["Act of 2006" means the Criminal Law (Insanity) Act 2006;]
“Additional Protocol” means the Additional Protocol to the Convention on the Transfer of Sentenced Persons done at Strasbourg on 18 December 1997;
F1["committal order" has the meaning assigned to it by section 10(1);]
F1["deductible period", in relation to a sentenced person, means—
(a) the period spent by the person in custody in the State on foot of a warrant issued under section 8 or 9 awaiting the making of a committal order, and
(b) the period (if any) of the sentence indicated by a sentencing country to be deducted from the total length of the sentence—
(i) in respect of an amnesty, pardon, clemency or other such decision granted by the sentencing country in relation to the sentence, and
(ii) in respect of any other reduction (including a period of remission of sentence) in relation to the part of the sentence which has been served by the person in that country;]
F1["designated centre" has the same meaning as it has in section 1 of the Act of 2006;]
“designated country” has the meaning assigned to it by section 5;
“Minister” means the Minister for Justice, Equality and Law Reform;
F1["place of detention" means—
(a) a prison,
(b) a designated centre, or
(c) a children detention school;]
F1["prison" means a place of custody (other than a Garda Síochána station) administered by or on behalf of the Minister and includes a place—
“Schengen Convention” means 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;
F3["sentence" means a punishment or measure involving deprivation of liberty ordered by a court or tribunal for a limited or unlimited period of time on account of a criminal offence and includes a punishment or measure that includes a limited or unlimited period of time that is served otherwise than in custody;]
“sentenced person” means a person on whom a sentence has been imposed in the territory of a designated country;
“sentencing country” means, in relation to a person on whom a sentence has been imposed, the designated country in which that sentence was imposed.
(2) In this Act—
(a) a reference to a section, is a reference to a section of this Act, unless it is indicated that a reference to some other enactment is intended,
(b) a reference to a subsection, paragraph or subparagraph is a reference to a subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that a reference to some other provision is intended, and
(c) a reference to any enactment is a reference to that enactment as amended, extended or adapted, whether before or after the passing of this Act, by or under any subsequent enactment.
Inserted (3.05.2023) by Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (3/2023), s. 64(b), S.I. No. 213 of 2023.
Deleted (7.04.2017) by Prisons Act 2015 (57/2015), s. 16(a), S.I. No. 134 of 2017.
Substituted (3.05.2023) by Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (3/2023), s. 64(a), S.I. No. 213 of 2023.