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Transfer warrant
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22. (1) The Minister may, on receipt of a notification from the competent authority of an executing state of its decision to recognise a judgment, issue a warrant for the transfer of the sentenced person out of the State to the executing state (in this Part referred to as a “transfer warrant”).
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(2) A transfer warrant shall authorise—
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(a) the taking of the sentenced person from his or her place of detention and his or her delivery into the custody of a person authorised by the competent authority of the executing state to receive the person—
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(i) at a place of departure from the State, for conveyance to the executing state until the delivery is effected, or
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(ii) at a place of entry to the executing state,
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and
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(b) the removal of the sentenced person from the State.
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(3) Where a transfer warrant has been issued in respect of a sentenced person, he or she 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, where the person escapes or is unlawfully at large, he or she shall be liable to be retaken in the same manner as any person who escapes from lawful custody.
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(4) 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 transfer warrant or to keep the person in custody under the warrant.
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(5) A person authorised pursuant to subsection (4) to take a sentenced person to or from any place or to keep the person 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.
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(6) If at any time before a sentenced person is transferred to an executing state under this section it appears appropriate to the Minister, in order that effect may be given to this Part, that a transfer warrant in respect of the person should be revoked or varied, the Minister may revoke or vary the warrant.
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