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Rules of the Superior Courts

Appendix: EE

Transfer of sentenced persons and execution of sentences : S.I. No. 417 of 2007


Forms:
No. 1 ¦ No. 2 ¦ No. 3 ¦ No. 4

No. 1

HIGH COURT


In the matter of the Transfer of Sentenced Persons Act 1995 and in the matter of an Application by the Minister for Justice, Equality and Law Reform

WARRANT AUTHORISING THE BRINGING OF A SENTENCED PERSON INTO THE STATE FROM A PLACE OUTSIDE THE STATE AND THE TAKING OF THE PERSON TO, AND HIS DETENTION IN CUSTODY AT A PLACE IN THE STATE

To the Commissioner and members of the Garda Síochána and the Governor of ........ Prison

WHEREAS on application under section 7(1) of the Transfer of Sentenced Persons Act 1995 made to the Court on .......... 20... on behalf of the Minister for Justice, Equality and Law Reform, the Court was satisfied that:

the Minister has consented to a request under section 6(1) of the Transfer of Sentenced Persons Act 1995 by ......... (the sentencing state) to the transfer into the State of .......... (the sentenced person), currently in custody at .........., on whom a sentence has been imposed in the sentencing state in order that he may serve the *[balance of the] sentence in the State;

the sentenced person concerned is regarded by the State as a national of the State;

the order under which the sentence concerned was imposed on the sentenced person is final;

*[at the time of the receipt of the request for the transfer concerned, the sentenced person had at least six months of the sentence concerned to serve] *[the sentence was of indeterminate length] OR *[at the time of the receipt of the request for the transfer concerned, the sentenced person had less than six months of the sentence concerned to serve and the Minister considers that exceptional circumstances exist which would warrant a transfer];

the sentenced person *[or the legal representative of the sentenced person or another person considered by the Minister to be an appropriate person for the purpose] has consented in writing to the transfer;

the acts or omission constituting the offence for which the sentenced person concerned has been sentenced would, if done or made in, or on the territory of, the State, constitute an offence under the law of the State;

YOU ARE HEREBY COMMANDED to receive the said sentenced person ........... from the persons authorised by the sentencing state to have custody of him and forthwith on such receipt to deliver the said sentenced person to the Governor of ......... together with this warrant and you the said Governor are required to receive the said sentenced person into your custody and safely keep him according to law.

Dated Signed .......... Registrar

*insert as appropriate


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No. 2

HIGH COURT


In the matter of the Transfer of Execution of Sentences Act 2005 and in the matter of an Application by the Minister for Justice, Equality and Law Reform

WARRANT AUTHORISING THE ARREST OF A SENTENCED PERSON

To the Commissioner and members of the Garda Síochána

WHEREAS on application under section 8(1) of the Transfer of Execution of Sentences Act 2005 made to the Court on ....... 20... on behalf of the Minister for Justice, Equality and Law Reform, the Court was satisfied that:

the Minister has consented to a request under section 7(1) of the Transfer of Execution of Sentences Act 2005 by ......... (the sentencing country) to the execution in the State of *[part of] a sentence imposed in the sentencing country on a person ............ (the sentenced person), who fled the sentencing country before he *[commenced]*[completed] serving that sentence;

a certificate to which section 8 of the Transfer of Execution of Sentences Act 2005 applies was produced;

the sentenced person is an Irish citizen, or has, in the opinion of the Minister, close ties with the State;

the order imposing the sentence in the sentencing country is final;

*[the term of the sentence concerned is not less than six months or, where the sentenced person has already served part of the sentence concerned at the time of his fleeing to the State, there was not less than six months of the sentence remaining to be served] OR *[at the time of the receipt of the request for the transfer concerned, the sentenced person had less than six months of the sentence concerned to serve and the Minister considers that exceptional circumstances exist that warrant the sentenced person serving the *[remainder of the] sentence in the State];

the offence under the law of the sentencing country in respect of which the sentence was imposed corresponds to an offence under the law of the State;

YOU ARE HEREBY COMMANDED to arrest the said sentenced person ............... and to bring him as soon as may be after his arrest before the High Court to be dealt with according to law.

Dated Signed ........... Registrar

*insert as appropriate


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No. 3

HIGH COURT

In the matter of the Transfer of Execution of Sentences Act 2005

WARRANT FOR ARREST OF A SENTENCED PERSON ON REQUEST FOR PROVISIONAL ARREST


To the Commissioner and members of the Garda Síochána

WHEREAS from the information on oath and in writing of ............... of ................ a member of the Garda Síochána not below the rank of inspector given with the consent of the Minister for Justice, Equality and Law Reform under section 9(1) of the Transfer of Execution of Sentences Act 2005 to the Court on ....... 20..., the Court was satisfied that: a request for the provisional arrest of .......... has been made on behalf of ......... (the sentencing country);in relation to that request, there has been compliance with section 9 of the Transfer of Execution of Sentences Act 2005;

YOU ARE HEREBY COMMANDED to arrest the said ..................... and to bring him as soon as may be after his arrest before the High Court to be dealt with according to law.

Dated

Signed .............

Registrar


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No. 4

HIGH COURT

In the matter of the Transfer of Execution of Sentences Act 2005 and in the matter of an Application by the Minister for Justice, Equality and Law Reform

WARRANT OF COMMITTAL OF A SENTENCED PERSON


To the Commissioner and members of the Garda Síochána and the Governor of .............. Prison

WHEREAS at a hearing on .......... 20...under subsection (1) of section 10 of the Transfer of Execution of Sentences Act 2005, when ............ (the sentenced person) was before the Court, the Court was satisfied that:

the Minister for Justice, Equality and Law Reform has consented to a request under section 7(1) of the Transfer of Execution of Sentences Act 2005 by ......... (the sentencing country) to the execution in the State of *[part of] a sentence imposed in the sentencing country on the sentenced person, who fled the sentencing country before he *[commenced]*[completed] serving that sentence;

the sentenced person is an Irish citizen *[or the Minister is of the opinion that the sentenced person has close ties with the State];

the order imposing the sentence in the sentencing country is final;

*[the term of the sentence concerned is not less than six months or, where the sentenced person has already served part of the sentence concerned at the time of his fleeing to the State, there was not less than six months of the sentence remaining to be served] OR *[at the time of the receipt of the request for the transfer concerned, the sentenced person had less than six months of the sentence concerned to serve and the Minister considers that exceptional circumstances exist that warrant the sentenced person serving the *[remainder of the] sentence in the State];

the offence under the law of the sentencing country in respect of which the sentence was imposed corresponds to an offence under the law of the State;

circumstances exist whereby—

        (i) had the sentenced person’s surrender been sought pursuant to a European arrest warrant, the surrender of the person would not be prohibited under Part 3 (other than section 38(1)) of the European Arrest Warrant Act 2003, or

        (ii) had the sentenced person’s extradition been sought, his or her extradition would not be prohibited under the Extradition Acts 1965 to 2001 (other than section 10(1) or 10(1A) (inserted by section 11(a)

of the Extradition (European Union Conventions) Act 2001) of the Extradition Act 1965);

THE COURT ORDERED that the sentenced person be committed to ............ for the period of ..........

YOU ARE HEREBY COMMANDED to deliver the said sentenced person ................. to the Governor of ............. together with this warrant and you the said Governor are required to receive the said sentenced person into your custody and safely keep him according to law.

Dated Signed ........... Registrar

*insert as appropriate


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