Transfer of Sentenced Persons Act, 1995
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Issue of warrants for transfer of sentenced persons outside State. |
5.—(1) The Minister may, on the grant of an application under section 4 of this Act, issue a warrant for the transfer of the sentenced person concerned out of the State into the administering state concerned. | |
(2) A warrant issued under subsection (1) of this section shall authorise— | ||
(a) the taking of the sentenced person to a place in any part of the State and his or her delivery at a place of departure from the State into the custody of a person authorised by the administering state to receive the person, for conveyance to the administering state concerned, and the keeping of the person in custody until the delivery is effected, and | ||
(b) the removal of the sentenced person, by the person to whom he or she is so delivered, from the State. | ||
(3) Where a warrant has been issued in respect of a sentenced person under this section, the person shall be deemed to be in legal custody at any time when he or she is being taken under the warrant to or from any place or being kept in custody under the warrant and, if the person escapes or is unlawfully at large, he or she shall be liable to be retaken in the same manner as any person who escapes from lawful custody. | ||
(4) The Minister may designate any person as a person who is for the time being authorised to take the sentenced person concerned to or from any place under the warrant or to keep the person in custody under the warrant. | ||
(5) A person authorised pursuant to subsection (4) of this section to take the sentenced person to or from any place or to keep the person in custody shall, while so taking or keeping the sentenced person, have all the powers, authority, protection and privileges of a member of the Garda Síochána. | ||
(6) Subject to subsection (7) of this section, the order by virtue of which a sentenced person is required to be detained at the time a warrant is issued in respect of him or her under this section shall continue to have effect after his or her removal from the State so as to apply to him or her if he or she is again in the State at any time when under that order he or she is to be or may be detained. | ||
(7) The Minister may, if at any time after the removal of a sentenced person from the State the Minister considers it appropriate in order to give effect to the Convention, direct that the relevant order referred to in subsection (6) of this section be varied or cease to have effect. | ||
(8) In this section a reference to an order by virtue of which a sentenced person is required to be detained at the time a warrant is issued in respect of him or her under this section includes a reference to an order by virtue of which he or she is required to be detained after the order by virtue of which he or she is required to be detained at that time ceases to have effect. |