Transfer of Sentenced Persons Act, 1995
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Request for transfer into State. |
6.—(1) A sentencing state other than the State may request the Minister in writing to consent to the transfer into the State of a sentenced person on whom a sentence has been imposed in that sentencing state in order that he or she may serve the sentence or the balance of the sentence in the State. | |
(2) Without prejudice to subsection (1) of this section, a request for transfer into the State to serve the sentence or the balance of the sentence imposed in a sentencing state may be made directly to the Minister by or on behalf of a sentenced person. | ||
(3) Subject to subsection (4) of this section, the Minister may consent to a request under subsection (1) or subsection (2) of this section if the Minister is satisfied that the following requirements have been fulfilled: | ||
(a) that the sentenced person concerned is, for the purposes of the Convention, regarded by the State as a national of the State and, for the purposes of this paragraph, a national of another state shall be regarded as a national of the State where it considers the transfer of the national appropriate having regard to any close ties which the national has with the State; | ||
(b) that the order under which the sentence concerned was imposed on the sentenced person is final; | ||
(c) that, at the time of the receipt of the request for the transfer concerned, the sentenced person had at least 6 months of the sentence concerned to serve or the sentence was of indeterminate length; | ||
(d) that the sentenced person or, in a case where the Minister or the sentencing state considers it necessary because of the age or physical or mental condition of the sentenced person, the legal representative of the sentenced person or any other person considered by the Minister or the sentencing state to be an appropriate person for the purpose, consents in writing to the transfer; | ||
(e) that the acts or omissions constituting the offence concerned would, if done or made in, or on the territory of, the State constitute an offence under the law of the State; and | ||
(f) that the sentencing state agrees to the transfer. | ||
(4) If the Minister considers that exceptional circumstances exist which would warrant a transfer specified in subsection (1) or subsection (2) of this section in a case where the sentenced person has less than 6 months of the sentence to serve, the requirement referred to in paragraph (c) of subsection (3) of this section shall not apply. | ||
(5) The Minister may not consent to a request under subsection (1) or subsection (2) of this section, unless the Minister is satisfied that all reasonable steps have been taken to inform the sentenced person concerned in writing in his or her own language— | ||
(a) of the substance, so far as relevant to the person's case, of the international arrangements in accordance with which it is proposed to transfer him or her, | ||
(b) of the effect in relation to the person of any warrant which may be issued in respect of him or her under section 7 of this Act, | ||
(c) of the effect in relation to the person of the law relating to his or her detention under such a warrant, and | ||
(d) of the powers of the Minister under section 9 of this Act. | ||
(6) A certificate purporting to be signed by the Minister or by a person duly authorised by the Minister under section 15 (4) of the Ministers and Secretaries Act, 1924 , to authenticate it and to certify that— | ||
(a) as respects the proposed transfer into the State of a sentenced person following a request under subsection (1) of this section, the Minister is satisfied that the requirements specified in paragraphs (a), (b), (d), (e) and (f) and, where applicable, (c) of subsection (3) of this section have been fulfilled, and | ||
(b) the Minister has given his or her consent to the transfer under this section, | ||
shall, without proof of the signature of the person purporting to sign the certificate or that the person was the Minister or a person authorised to sign it, be evidence, unless the contrary is shown, of the matters stated in the certificate. |