Criminal Justice (Mutual Assistance) Act 2008
Transfer of prisoner to give evidence or assist investigation outside State.
66.— (1) The Minister may, on receipt of a request in that behalf, issue a warrant for the transfer of a person serving a sentence of imprisonment in a prison (a “prisoner”) to a designated state for the purpose of—
(a) giving evidence in criminal proceedings, or assisting in a criminal investigation, in that state, or
(b) being identified in, or otherwise assisting by his or her presence, such proceedings or investigation.
(2) A warrant may be issued only if the prisoner has made a written statement consenting to his or her being transferred for that purpose.
(3) Where, by reason of the prisoner’s youth or physical or mental condition, it appears to the Minister inappropriate for the prisoner to act for himself or herself, the consent shall be given by a person appearing to the Minister to be an appropriate person to act on the prisoner’s behalf.
(4) A warrant is authority for—
(a) taking the prisoner from the prison and delivering him or her into the custody of a person representing the requesting authority concerned at a place of departure from the State,
(b) detaining the prisoner in the designated state, and
(c) bringing the prisoner back to the State and returning him or her to the prison.
(5) A warrant may not be issued unless an assurance is given by the requesting authority that the prisoner will not be proceeded against, sentenced, detained or subjected to any other restriction on his or her personal freedom in respect of any offence under the law of the designated state committed before the prisoner’s departure from the State.
(6) The period spent in custody under the warrant is included in the period of imprisonment or detention to be served by the prisoner in the State.
(7) A prisoner is deemed to be in lawful custody when being taken from or to a prison under the warrant.
(8) A prisoner who escapes from custody or is unlawfully at large may be arrested without warrant by a member of the Garda Síochána and taken in custody to a prison.
(9) A person (other than a member of the Garda Síochána) who is authorised to have custody of a prisoner by or for the purposes of a warrant under this section is deemed to be such a member for the purposes of this section.
Annotations
Modifications (not altering text):
C4
Section applied with modifications by European Arrest Warrant Act 2003 (45/2003), s. 14B(2), as inserted (1.05.2024) by European Arrest Warrant Act 2024 (9/2024), s. 8, S.I. No. 180 of 2024.
[Warrant for temporary transfer of person to issuing state
14B.—(1) The Minister shall, on the grant of an order under subsection (3)(a), issue a warrant under section 66 of the Criminal Justice (Mutual Assistance) Act 2008 for the temporary transfer of the person out of the State to the issuing state.
(2) For the purposes of subsection (1), section 66 of the Criminal Justice (Mutual Assistance) Act 2008 shall apply subject to the following modifications:
(a) a reference in section 66 to a request shall be construed as a reference to a request under section 14A(3),
(b) a reference in section 66 to—
(i) a person serving a sentence of imprisonment in a prison, and
(ii) a prisoner, shall be construed as a reference to the person referred to in subsection (1),
(c) a reference in section 66 to a—
(i) designated state, and
(ii) requesting authority,
shall be construed as a reference to the issuing state,
(d) the purpose for which the warrant may be issued shall be to ensure that the person is heard in the issuing state pursuant to the applicable relevant provisions (within the meaning of section 14A),
(e) a reference in section 66 to a prison shall be construed as including a reference to a remand centre,
(f) subsections (2), (3) and (6) of section 66 shall not apply, and
(g) any other necessary modifications.]