Transfer of Execution of Sentences Act 2005
F14[Termination of enforcement
10D.— (1) The enforcement of a sentence in the State shall cease where the Minister is notified by the sentencing country of any decision or measure, other than a decision or measure in respect of remission, as a result of which the sentence ceased to be enforceable in that country immediately or from such date as is contained in the notification.
(2) The Minister shall, on receipt of a notification under subsection (1), immediately inform the following persons of the decision or measure referred to in the notification:
(a) where the sentenced person is in a prison, the governor of the prison;
(b) where the sentenced person is in a designated centre, the clinical director of the designated centre;
(c) where the sentenced person is in a children detention school, the Director of the children detention school.
(3) Subject to subsection (4), a sentenced person to whom a notification referred to in subsection (1) relates shall, upon the governor of the prison, the clinical director of the designated centre or the Director of the children detention school (as the case may be) being informed under subsection (2) that the notification has been received, be released from custody or other detention forthwith or on such later date as may be specified in the notification.
(4) Subsection (3) shall not apply where—
(a) (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 paragraph, be entitled to be released under subsection (3), 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,
(b) (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 paragraph, be entitled to be released under subsection (3), 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.
(5) In this section, "governor", in respect of a prison, means—
(a) the governor of the prison, or
(b) a person who is for the time being performing the functions of governor of the prison.]
Inserted (3.05.2023) by Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (3/2023), s. 69, S.I. No. 213 of 2023.