No. 28 of 2005 - Transfer of Execution of Sentences Act 2005
What does this law do?
Arising from International Agreements and Conventions (see below) this Act provides an alternative to extradition in so far as it allows the sentenced person to serve the sentence in his / her ‘home’ state.
Under this Act the Minister for Justice, Equality and Law Reform may request a foreign state to carry out a sentence imposed in Ireland on a national of that foreign state where the national has fled from Ireland without serving the sentence. In the case of persons who have returned to Ireland without serving a sentence imposed abroad, the High Court, based on an application by the Minister for Justice, Equality and Law Reform, will determine whether a warrant should issue for the person’s arrest. Following arrest, the High Court will determine whether the sentence is to be served and what adjustments, if any, are to be made to the sentence. The safeguard provisions available under the Extradition Act and Part 3 of the European Arrest Warrant Act 2003 are available to persons who are arrested under this Act.
This Act gives effect in Irish law to the 1997 Additional Protocol (in particular, Article 2) to the 1983 Council of Europe Convention on the Transfer of Sentenced Persons and to the corresponding provisions in Chapter 5 of Title III to the Schengen Convention.
The arrangements under this Act will apply between Ireland and States that are Parties to the Additional Protocol and/ or to the Schengen Convention, where those states have also been designated for the purpose of this Act by the Minister for Foreign Affairs.
Contact Department: Department of Justice, Equality and Law Reform
Signed by the President on: 13/12/2005
Full version of the Transfer of Execution of Sentences Act 2005 on the Oireachtas website