Transfer of Sentenced Persons Act, 1995
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Issue of warrants for bringing of persons into State. |
7.—(1) Where the Minister consents to a request for a transfer under section 6 of this Act, he or she shall apply to the High Court for the issue of a warrant authorising the bringing of the sentenced person concerned into the State from a place outside the State and the taking of the person to, and his or her detention in custody at, such place or places in the State as may be specified in the warrant. | |
(2) Where an application is made to the High Court under subsection (1) of this section that court shall, if it is satisfied that the requirements specified in paragraphs (a), (b), (d), (e) and, where applicable, (c) of section 6 (3) of this Act have been fulfilled and that the Minister consents to the transfer concerned, issue a warrant authorising the bringing of the sentenced person into the State and the taking of the person to, and his or her detention in custody at, such place or places in the State as are specified in the warrant. | ||
(3) The High Court may specify, in a warrant under subsection (2) of this section, any place or places to which the court would have jurisdiction to commit the sentenced person concerned if the sentence in respect of which the person is being detained by the sentencing state was imposed by the court at the time of the issue of the warrant. | ||
(4) Subject to subsections (5) to (7) of this section, the effect of a warrant under this section shall be to authorise the continued enforcement by the State of the sentence concerned imposed by the sentencing state concerned in its legal nature and duration, with due regard to any remission of sentence accrued in the sentencing state, but such a warrant shall otherwise have the same force and effect as a warrant imposing a sentence following conviction by that court. | ||
(5) On an application under subsection (1) of this section, if the sentence concerned imposed by the sentencing state concerned is by its legal nature or duration incompatible with the law of the State, the court may adapt the sentence to a sentence prescribed by the law of the State for an offence similar to the offence for which the sentence was imposed. | ||
(6) Where a sentence is adapted under subsection (5) it shall, as far as practicable, correspond in nature to the sentence imposed by the sentencing state and shall not, in any event, either— | ||
(a) aggravate it by its legal nature or duration, or | ||
(b) exceed the maximum penalty prescribed by the law of the State for a similar offence. | ||
(7) A person transferred into the State under this Act to serve a sentence or the balance of a sentence imposed on him or her by another sentencing state may not appeal in the State against the conviction in respect of which the sentence was so imposed. | ||
(8) Enforcement of the sentence specified in a warrant under this section shall cease where the State is notified by the sentencing state of any decision or measure, other than a decision or measure in respect of remission, as a result of which the sentence ceases to be enforceable in the sentencing state. | ||
(9) The Criminal Procedure Act, 1993 , shall not apply to a person in respect of whom a warrant is issued under this section. |