Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023
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Transit | ||
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73. (1) Transit through the State of a sentenced person (in this section referred to as a “transferee”) being transferred from an issuing state to an executing state shall be permitted where the Minister receives a request in that behalf from the issuing state and where the issuing state provides the Minister with the following: | ||
(a) a certified copy of the Framework Decision Certificate in respect of the request concerned; | ||
(b) upon request of the Minister, a translation of the Certificate referred to in paragraph (a) in the English language. | ||
(2) The Minister may require an issuing state that has made a request under subsection (1) to provide such information in respect of the circumstances of the transit or transfer of the person concerned as the Minister considers to be necessary or expedient. | ||
(3) Where, at the time of receipt of a request under this section, there is in the State a warrant for the arrest of, or a prosecution pending against, the transferee in respect of a criminal offence committed or a sentence imposed before the departure of the transferee from the issuing state which may result in him or her being detained or otherwise restricted in his or her personal liberty while in the State, the Minister shall notify the issuing state of the warrant or the prosecution, as the case may be. | ||
(4) The Minister shall, within 1 week of receipt of a request in accordance with subsection (1), grant permission under that subsection. | ||
(5) The Minister may arrange for the supervision of the transit of a transferee through the State by members of the Garda Síochána and the transferee shall be deemed to be in the custody of any member of the Garda Síochána accompanying him or her pursuant to such arrangement. | ||
(6) (a) This subsection applies to an aircraft that has taken off from a place (other than the State) and that is scheduled to land in a place (other than the State) and on board which there is a transferee. | ||
(b) Where an aircraft to which this subsection applies lands (for whatever reason) in the State, the issuing state shall, upon its landing or within 72 hours of such landing, provide the Minister with the documentation referred to in subsection (1). | ||
(c) While an aircraft to which this subsection applies is in the State, a transferee who is on board that aircraft shall be deemed to be in transit through the State and subsection (5) shall apply accordingly. | ||
(7) Where a sentenced person is being transferred to an executing state in accordance with section 23 and the transfer involves the transit through the territory of a Member State (in this section referred to as a “specified Member State”) other than the executing State, the Minister shall request the specified Member State to permit the transit and provide that Member State with the following: | ||
(a) a certified copy of the Framework Decision Certificate in respect of the request concerned; | ||
(b) upon request of the specified Member State, a translation of the Certificate referred to in paragraph (a) in a relevant language. | ||
(8) The Minister may withdraw a request under subsection (7) where the specified Member State has notified the Minister that there is in the specified Member State a warrant for the arrest of, or a prosecution pending against, the sentenced person in respect of a criminal offence committed or a sentence imposed before the departure of the person from the State which may result in him or her being detained or otherwise restricted in his or her personal liberty while in the specified Member State. |