Transfer of Execution of Sentences Act 2005
Consent to request under section 7.
8.—(1) The Minister, or a person authorised under section 15 of the Ministers and Secretaries Act 1924 to authenticate the seal of the Minister, shall, upon the giving by the Minister of his or her consent under section 7, certify in writing that, in relation to a sentenced person—
(a) a request has been received under that section, and
(b) the Minister has given his or her consent to that request,
and the Minister shall, as soon as practicable thereafter, apply, or cause an application to be made, to the High Court for F5[the continued enforcement of the sentence (in its legal nature and duration) and] a warrant authorising the arrest of the sentenced person concerned.
(2) Upon an application under subsection (1), the High Court shall issue a warrant authorising the arrest of the sentenced person concerned F5[for the purpose of the enforcement of the sentence] if—
(a) a certificate to which this section applies is produced to the court, and
(b) it is satisfied that—
(i) 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,
(ii) the order imposing the sentence in the sentencing country is final,
(iii) subject to section 7(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, and
(iv) 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.
F5[(2A) Where the High Court issues a warrant under subsection (2), the court shall take all such measures as are necessary to enforce the sentence and, in particular, may make an order under section 10B(3) or (5) or both adapting the sentence.]
(3) A certificate to which this section applies shall include a statement of—
(a) the name of the sentenced person in relation to whom a request under section 7 has been made,
(b) the sentence imposed in relation to him or her in the sentencing country,
(c) the period of the sentence so imposed remaining to be served, where the person has already served part of the sentence, and
(d) the address of the place in the State at which the person is for the time being residing (if that is known).
(4) A certificate to which this section applies shall, unless the contrary is proved, be evidence of the matters specified in the certificate.
(5) A warrant issued under this section may be executed by any member of the Garda Síochána in any part of the State and may be so executed notwithstanding that it is not in the possession of the member when he or she executes the warrant, and the warrant shall be shown to and a copy thereof given to the person arrested at the time of his or her arrest or, if the warrant is not then in the possession of the member, not later than 24 hours after his or her arrest.
(6) The Minister may at any time apply to the High Court for an order varying the terms of, or revoking, a warrant issued under this section.
(7) The High Court may, upon an application under subsection (6), revoke or vary a warrant issued under this section if it is satisfied that the revocation or variation is necessary in order to ensure compliance with the provisions of this Act.
(8) A person arrested under a warrant issued under this section shall, as soon as may be after his or her arrest, be brought before the High Court.
Inserted (3.05.2023) by Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (3/2023), s. 65(a), (b), (c), S.I. No. 213 of 2023.