Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023
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Operation of warrants and orders | ||
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45. Where a warrant under section 35 (1), 42(1)(a) or (b) is issued or a committal order is made in respect of a sentenced person, the following provisions shall have effect: | ||
(a) the sentenced person shall be deemed to be in legal custody at any time when he or she is being taken under the warrant or order to or from any place or being kept in custody under the warrant or order 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 order or to keep the person in custody under the warrant or order; | ||
(c) a person designated pursuant to paragraph (b) 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. |