Transfer of Sentenced Persons Act, 1995

Operation of warrants under section 7 and retaking of sentenced persons.

8.—Where a warrant has been issued in respect of a sentenced person under section 7 of this Act, the following provisions shall have effect:

(a) the sentenced person concerned shall be deemed to be in legal custody at any time when he or she is being taken under the warrant to or from any place or being kept in custody under the warrant and, if the person escapes, he or she shall be liable to be retaken in the same manner as any person who escapes from lawful custody;

(b) the Minister may designate any person as a person who is for the time being authorised to take the sentenced person concerned to or from any place under the warrant or to keep the person in custody under the warrant;

(c) a person authorised pursuant to paragraph (b) of this section to take the sentenced person to or from any place or to keep him or her in custody shall, while so taking or keeping the sentenced person, have all the powers, authority, protection and privileges of a member of the Garda Síochána.