Transfer of Execution of Sentences Act 2005
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Provisional arrest. |
9.—(1) The High Court may, upon the sworn information of a member of the Garda Síochána not below the rank of inspector given with the consent of the Minister, issue a warrant for the arrest of any person if it is satisfied that— | |
(a) a request for the provisional arrest of that person has been made on behalf of a sentencing country, and | ||
(b) in relation to the request, there has been compliance with this section. | ||
(2) A request for the provisional arrest of a person made on behalf of a sentencing country shall state— | ||
(a) the name, and date and place of birth, of the person concerned, | ||
(b) the address of the place in the State at which the person is for the time being residing (if that is known), | ||
(c) the nature of the offence, the circumstances in which the offence was committed and the time at which and place where the offence was committed, | ||
(d) the nature, duration and date of commencement of the sentence (or, where the sentenced person fled from the sentencing country before he or she began serving the sentence, the date on which the sentence should have commenced), and | ||
(e) where the person fled the sentencing country after having served part of the sentence but before he or she had completed serving the sentence, the period of the sentence that he or she served. | ||
(3) A warrant issued under this section may be executed by any member of the Garda Síochána in any part of the State and may be so executed notwithstanding that it is not in the possession of the member when he or she executes the warrant, and the warrant shall be shown to and a copy thereof given to the person arrested at the time of his or her arrest or, if the warrant is not then in the possession of the member, not later than 24 hours after his or her arrest. | ||
(4) A person arrested under a warrant issued under this section shall, as soon as may be after his or her arrest, be brought before the High Court and the High Court shall, unless the certificate to which section 8 applies is produced to the court, remand the person in custody or on bail pending the production to it of that certificate, and for that purpose the High Court shall have the same powers of remand as it would have if the person were brought before it charged with an indictable offence. | ||
(5) If a certificate to which section 8 applies is not produced in accordance with subsection (4) before the expiration of the period of 18 days from the date on which the person is arrested under a warrant issued under this section, the person concerned shall be released from custody forthwith. | ||
(6) If, in relation to a person who has been released in accordance with subsection (5), a request to which section 7 applies is received by the Minister, an application may be made under and in accordance with section 8 (1) for a warrant authorising the arrest of that person. | ||
(7) Where a warrant authorising the arrest of a person is issued under this section, then in any subsequent proceedings it shall be presumed unless the contrary is proved that a request for the provisional arrest of that person has been made by the sentencing country concerned. |