Transfer of Sentenced Persons Act, 1995

Application for transfer out of State.

4.—(1) A person on whom a sentence has been imposed in the State who wishes to be transferred out of the State to another Convention state, in order to serve the sentence or the balance of the sentence so imposed, may apply in writing to the Minister for such a transfer.

(2) Where a person is, by virtue of the person's age or physical or mental condition, incapable of making an application under subsection (1) of this section, a legal representative of the person or any other person considered by the Minister or the administering state to be an appropriate person for the purpose may make the application on the person's behalf.

(3) Subject to subsection (4) of this section, the Minister may grant an application under subsection (1) 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 administering state as a national of that 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 application, 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 administering 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 administering 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 the administering state, constitute an offence under the law of that state; and

(f) that the administering state agrees to the transfer.

(4) If the Minister considers that exceptional circumstances exist which would warrant a transfer specified in subsection (1) 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 grant an application under subsection (1) 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 the warrant which it is proposed to issue in respect of him or her under section 5 of this Act,

(c) of the effect in relation to the person of so much of the law of the country or territory to which he or she is to be transferred as has effect with respect to transfers under those arrangements, and

(d) of the powers of the Minister under section 9 of this Act.