Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023

24

Transfer of enforcement of sentence

24. (1) The enforcement of a sentence shall, subject to subsection (2), cease to be governed by the law of the State and shall transfer to an executing state—

(a) where the sentenced person is in the State, from the time he or she is delivered into the custody of a person authorised by the competent authority of the executing state to receive the sentenced person under a transfer warrant, and

(b) where the sentenced person is in the executing state, from the date of the decision to recognise the judgment to which the sentence relates.

(2) Where the enforcement of a sentence has transferred to an executing state and the sentenced person escapes from custody and has not been retaken, the enforcement of the sentence shall revert to the State upon receipt by the Minister of notification from the competent authority of that state of such escape.