Transfer of Execution of Sentences Act 2005
Request for execution of sentence in State.
7.—(1) Subject to subsection (2), the Minister may, upon receipt of a request in writing from a sentencing country to consent to the execution in the State of a sentence imposed in the sentencing country, or part of a sentence so imposed, on a person who fled to the State before he or she—
(a) commenced serving that sentence, or
(b) completed serving that sentence,
give such consent.
(2) The Minister shall not give his or her consent under subsection (1) unless—
(a) the person is an Irish citizen or, where the person is not an Irish citizen, the person has, in the opinion of the Minister, close ties with the State,
(b) the order imposing the sentence in the sentencing country is final,
(c) subject to subsection (3), 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,
(d) under the law of the sentencing country, the offence in respect of which the sentence was imposed corresponds to an offence under the law of the State, and
(e) the Minister is of the opinion that, having regard to all the circumstances, it would be appropriate for him or her to give such consent.
F4[(2A) For the purposes of subsection (2)(d) and section 8(2)(b)(iv), where the sentence imposed in a sentencing country is in relation to more than one offence, the requirement set out in those provisions shall be deemed to be satisfied where any one or more of the offences for which the sentence was imposed corresponds to an offence under the law of the State.]
(3) The Minister may, in relation to a person—
(a) sentenced to less than 6 months imprisonment, in the sentencing country, or
(b) who has less than 6 months remaining to serve of a sentence imposed in the sentencing country,
give his or her consent under subsection (1), if he or she considers that exceptional circumstances exist that warrant the person serving the sentence or remainder of the sentence, as the case may be, in the State.
Inserted (3.05.2023) by Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (3/2023), s. 65, S.I. No. 213 of 2023.