IE
(LRC Revised)
Statutory Text (1 Articles)
Number 28 of 2005
TRANSFER OF EXECUTION OF SENTENCES ACT 2005
REVISED
Updated to 3 May 2023
Changes to legislation
as of 10 July 2026, this Act is up to date with all changes known to be in force.
This Revised Act is an administrative consolidation of
Transfer of Execution of Sentences Act 2005
. It is prepared by the Law Reform Commission in accordance with its function under
Law Reform Commission Act 1975
(3/1975) to keep the law under review and to undertake revision and consolidation
of statute law.
All Acts up to and including the
Patient Safety (Notifiable
Incidents and Open Disclosure) Act 2023
(10/2023), enacted 2 May 2023, and all
statutory instruments up to and including the
Criminal Justice (Mutual Recognition of
Custodial Sentences) Act 2023 (Commencement) Order 2023
(S.I. No. 213 of 2023),
made 2 May 2023, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act,
the Law Reform Commission can assume no responsibility for and give no guarantees,
undertakings or warranties concerning the accuracy, completeness or up to date nature
of the information provided and does not accept any liability whatsoever arising from
any errors or omissions. Please notify any errors, omissions and comments by email
to
revisedacts@lawreform.ie.
Number
28
of
2005
TRANSFER OF EXECUTION OF SENTENCES ACT 2005
REVISED
Updated to 3 May 2023
ARRANGEMENT OF SECTIONS
1.
Interpretation.
2.
Amendment of section 11 of Transfer of Sentenced Persons Act 1995 (Annual report to
Houses of Oireachtas).
3.
Application of Act.
4.
Corresponding offences.
5.
Designated countries.
6.
Request for execution of sentence in designated country.
7.
Request for execution of sentence in State.
8.
Consent to request under
section 7
.
9.
Provisional arrest.
9A.
Identification procedures for purpose under Act.
10.
Execution of sentence imposed in sentencing country.
10A.
Effect of committal order.
10B.
Adaptation.
10C.
Transfer to State of enforcement of sentence.
10D.
Termination of enforcement.
10E.
Revocation and variation of warrants and orders.
11.
Criminal Procedure Act 1993
disapplied.
(Repealed)
12.
Prohibition on certain proceedings.
13.
Expenses.
14.
Short title and commencement.
Acts Referred to
Criminal Justice Act 1960
1960, No. 27
Criminal Law (Jurisdiction) Act 1976
1976, No. 14
Criminal Procedure Act 1993
1993, No. 40
European Arrest Warrant Act 2003
2003, No. 45
Extradition Act 1965
1965, No. 17
Extradition Acts 1965 to 2001
Extradition (European Union Conventions) Act 2001
2001, No. 49
Ministers and Secretaries Act 1924
1924, No. 16
Transfer of Sentenced Persons Act 1995
1995, No. 16
Number
28
of
2005
TRANSFER OF EXECUTION OF SENTENCES ACT 2005
REVISED
Updated to 3 May 2023
AN ACT TO GIVE EFFECT TO ARTICLE 2 OF THE ADDITIONAL PROTOCOL TO THE CONVENTION ON
THE TRANSFER OF SENTENCED PERSONS DONE AT STRASBOURG ON 18 DECEMBER 1997 AND CHAPTER
5 OF TITLE III OF THE CONVENTION IMPLEMENTING THE SCHENGEN AGREEMENT OF 14 JUNE 1985
BETWEEN THE GOVERNMENTS OF THE STATES OF THE BENELUX ECONOMIC UNION, THE FEDERAL REPUBLIC
OF GERMANY AND THE FRENCH REPUBLIC ON THE GRADUAL ABOLITION OF CHECKS AT THEIR COMMON
BORDERS DONE AT SCHENGEN ON 19 JUNE 1990.
[13
th December
, 2005]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS
Annotations
Modifications (not altering
text)
C1
Application of Act
restricted (3.05.2023) by
Criminal Justice (Mutual Recognition of Custodial
Sentences) Act 2023
(3/2023), s. 86, S.I. No. 213 of 2023.
Transitional provision
86.
Where, before the date
on which Parts 1 to 3 come into operation—
(
a
) a request was made by
the Minister, a sentencing state (within the meaning of the Act of 1995) or a
sentencing country (within the meaning of the Act of 2005),
(
b
) an application was
granted by the Minister,
(
c
) a warrant was issued,
or
(
d
) any other order or
step was taken,
under the Act of 1995 or the Act
of 2005 in respect of a sentence to which this Act applies, the request,
application, warrant, other order or step shall be deemed to have been made under
this Act and this Act shall apply accordingly.
Annotations
Modifications (not altering
text)
C1
Application of Act
restricted (3.05.2023) by
Criminal Justice (Mutual Recognition of Custodial
Sentences) Act 2023
(3/2023), s. 86, S.I. No. 213 of 2023.
Transitional provision
86.
Where, before the date
on which Parts 1 to 3 come into operation—
(
a
) a request was made by
the Minister, a sentencing state (within the meaning of the Act of 1995) or a
sentencing country (within the meaning of the Act of 2005),
(
b
) an application was
granted by the Minister,
(
c
) a warrant was issued,
or
(
d
) any other order or
step was taken,
under the Act of 1995 or the Act
of 2005 in respect of a sentence to which this Act applies, the request,
application, warrant, other order or step shall be deemed to have been made under
this Act and this Act shall apply accordingly.
1.
Interpretation.
2.
Amendment of section 11 of Transfer of Sentenced Persons Act 1995 (Annual report to
Houses of Oireachtas).
3.
Application of Act.
4.
Corresponding offences.
5.
Designated countries.
6.
Request for execution of sentence in designated country.
7.
Request for execution of sentence in State.
8.
Consent to request under
section 7
.
9.
Provisional arrest.
9A.
Identification procedures for purpose under Act.
10.
Execution of sentence imposed in sentencing country.
10A.
Effect of committal order.
10B.
Adaptation.
10C.
Transfer to State of enforcement of sentence.
10D.
Termination of enforcement.
10E.
Revocation and variation of warrants and orders.
11.
Criminal Procedure Act 1993
disapplied.
(Repealed)
12.
Prohibition on certain proceedings.
13.
Expenses.
14.
Short title and commencement.