Transfer of Sentenced Persons Act, 1995

Interpretation.

1.—(1) In this Act—

“administering state”, in relation to a sentenced person, means the Convention state to which the person has been transferred under section 5 of this Act or in relation to which an application under section 4 of this Act has been made by or on behalf of the person;

“Convention” means the Council of Europe Convention on the Transfer of Sentenced Persons done at Strasbourg on the 21st day of March, 1983, as supplemented by the Agreement on the Application among the Member States of the European Communities of the Council of Europe Convention on the Transfer of Sentenced Persons done at Brussels on the 25th day of May, 1987;

“Convention state” means a state (including the territories, if any, thereof) to which the Convention applies or a state or territory outside the State designated by the Minister for Foreign Affairs under section 2 of this Act;

“the Minister” means the Minister for Justice;

“order” includes any sentence, direction, warrant or other means of giving effect to the decision of a court or tribunal;

“sentence” means any punishment or measure involving deprivation of liberty ordered by a court or tribunal for a limited or unlimited period of time on account of the commission of an offence;

“sentenced person” means a person on whom a sentence has been imposed in the territory of a Convention state;

“sentencing state”, in relation to a sentenced person, means the Convention state in which the sentence concerned was imposed on the person.

(2) In this Act a reference to an offence, in relation to the doing of an act or the making of an omission in a Convention country other than the State, includes a reference to the doing or making by a person of an act or omission which would constitute an offence but for the age or incapacity of the person.