Transfer of Execution of Sentences Act 2005
Execution of sentence imposed in sentencing country.
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 F7[order (in this Act referred to as a "committal order") for the purpose of enforcement of the sentence, committing the person to a place of detention] F8[…] for F7[a period, subject to subsection (3), 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 F7[a committal order] 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 F9[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).
F7[(3) In determining the period for which a sentenced person may be committed to a place of detention in a committal order—
(a) the High Court shall not have regard to the provisions of law of the sentencing country under which the sentenced person is entitled to early or conditional release, and
(b) where by operation of law of the sentencing country the sentenced person would be entitled, other than in accordance with paragraph (a), to be released from custody, whether under licence or otherwise, at a specified time having served a specified portion of the sentence—
(i) the High Court shall treat such release as a measure relating to the administration of the sentence, and
(ii) the sentence shall be treated as a sentence to be spent in custody or other detention for the full period.]
F7[(4) Where a committal order is made in respect of a sentenced person who has been sentenced to a term of imprisonment for life in a sentencing country, the order shall specify that the person is to be committed for imprisonment for life irrespective of whether his or her eligibility for early or conditional release (including parole) in the sentencing country was—
(a) restricted for the whole term of the sentence, or
(b) conditional on his or her having served a specified term of imprisonment as a result of—
(i) a decision or order by the court or tribunal that imposed the sentence,
(ii) the operation of law of the sentencing country, or
(iii) a decision of a body in the sentencing country, other than a body referred to in subparagraph (i), on whom a power to make such a decision has been conferred by law.]
F7[(5) Notwithstanding subsection (1), the period for which a sentenced person may be committed to a place of detention in a committal order may exceed the period for which he or she could lawfully have been detained or otherwise had his or her personal liberty restricted in custody in the sentencing country.]
(6) (a) Subject to paragraph (b), where the State is notified by the sentencing country that a person to whom F7[committal order] 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 F7[the place of detention] F8[…] 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,
(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.
Substituted (3.05.2023) by Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (3/2023), s. 68(a)(i), (ii), (b), (c), (d), (e), (f)(i), (ii), S.I. No. 213 of 2023.
Deleted (7.04.2017) by Prisons Act 2015 (57/2015), s. 16(b)(i), (iii), S.I. No. 134 of 2017.
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).
Repealed (3.05.2023) by Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (3/2023), s. 68(g), S.I. No. 213 of 2023.
Previous affecting provision: subs. (4) amended (7.04.2017) by Prisons Act 2015 (57/2015), s. 16(b)(ii), S.I. No. 134 of 2017; subsection substituted (3.05.2023) as per F-note above.