International War Crimes Tribunals Act, 1998

If custodial sentence imposed under Irish law is not completed before surrender.

25.—(1) Where a person who is subject to both a surrender order and a sentence of a court in the State is delivered up into the custody of—

(a) an international tribunal, or

(b) a state where he or she is to undergo imprisonment under a sentence of an international tribunal,

that person shall continue to be liable to complete any term of imprisonment to which he or she has been sentenced by the court in the State.

(2) Where a surrender order is made in respect of a person who is subject to a sentence of a court in the State, the surrender order may include—

(a) a provision authorising the return of that person to the State—

(i) in accordance with arrangements made by the Minister with the international tribunal that requested the person's surrender, or

(ii) if the person is being surrendered to undergo imprisonment in a state under a sentence of an international tribunal, in accordance with arrangements made by the Minister with that state,

and

(b) a provision for the person's transfer in custody to the place where he or she is liable to be imprisoned or detained under the sentence of the court in the State.