|
|
|
Cessation of enforcement of sentence by State
|
| |
49. (1) The enforcement of a sentence in the State shall cease where—
|
|
| |
(a) a sentenced person is granted a pardon, under Article 13. 6 of the Constitution, in respect of an offence consisting of an act or omission that constitutes in whole or in part the offence in respect of which he or she has been transferred to the State,
|
|
| |
(b) a sentenced person has, by virtue of any Act of the Oireachtas, become immune from prosecution or punishment for an offence consisting of an act or omission that constitutes in whole or in part the offence in respect of which he or she has been transferred to the State, or
|
|
| |
(c) the Minister is notified by the competent authority of an issuing state that in respect of a sentenced person transferred to the State from the issuing state—
|
|
| |
(i) he or she has in accordance with the law of the issuing state, become immune, by virtue or any amnesty or pardon, from prosecution or punishment in the issuing state for the offence in respect of which he or she has been transferred to the State and the sentence in respect of his or her transfer has ceased to be enforceable in that state immediately or from such date as is contained in the notification, or
|
|
| |
(ii) a decision has been taken by the issuing state on an application for review of the judgment imposing sentence and the sentence in respect of his or her transfer has ceased to be enforceable in that state immediately or from such date as is contained in the notification.
|
|
| |
(2) Where paragraph (a) or (b) of subsection (1) applies or the Minister receives a notification under paragraph (c) of that subsection, the Minister shall immediately inform the following persons of the application of the paragraph concerned or the decision or measure referred to in the notification, as the case may be—
|
|
| |
(a) where the sentenced person is in a prison, the governor of the prison,
|
|
| |
(b) where the sentenced person is in a designated centre, the clinical director of the designated centre, and
|
|
| |
(c) where the sentenced person is in a children detention school, the Director of the children detention school.
|
|
| |
(3) Subject to subsection (4), a sentenced person shall, upon the governor of the prison, the clinical director of the designated centre or the Director of the children detention school, as the case may be, being informed that paragraph (a) or (b) applies or that a notification under paragraph (c) of that subsection has been received, be released from custody or other detention forthwith or in the case of paragraph (c) of that subsection, on such later date as may be specified in the notification under that paragraph.
|
|
| |
(4)Subsection (3) shall not apply where—
|
|
| |
(a) (i) the person has been sentenced to a term of imprisonment for an offence of which he or she was convicted in the State,
|
|
| |
(ii) on the date on which he or she would, but for this paragraph, be entitled to be released under subsection (3), all or part of the term of imprisonment remains unexpired, and
|
|
| |
(iii) the person is required to serve all or part of the remainder of that term of imprisonment,
|
|
| |
or
|
|
| |
(b) (i) the person has been charged with, or convicted of, an offence in the State, and
|
|
| |
(ii) on the date on which he or she would, but for this paragraph, be entitled to be released under subsection (3), he or she is required to be in custody, by virtue of having been remanded in custody pending his or her being tried, or the imposition of sentence, as the case may be, in respect of that offence.
|
|
| |
(5) In this section, “governor”, in respect of a prison, means—
|
|
| |
(a) the governor of the prison, or
|
|
| |
(b) a person who is for the time being performing the functions of governor of the prison.
|
