Transfer of Sentenced Persons (Amendment) Act, 1997

In short

This law amends the Transfer of Sentenced Persons Act, 1995, primarily to clarify how sentences from other countries are handled when a person is transferred to Ireland, and to set timelines for processing transfer applications.

What it regulates

How the High Court can adapt the legal nature and duration of a sentence imposed by a foreign state if it's incompatible with Irish law.
The limits on adapting a sentence, ensuring it doesn't become harsher or exceed maximum penalties in Ireland.
A timeframe for the Minister to make decisions on applications for the transfer of sentenced persons.
The requirement for the Minister to keep applicants and sentenced persons informed about the progress of their applications.

Who it concerns

Sentenced persons who are subject to transfer under the Transfer of Sentenced Persons Act, 1995.
The Minister, who handles applications for the transfer of sentenced persons.
The High Court, which may adapt sentences in certain transfer cases.

Key points

The High Court may adapt the legal nature of a foreign sentence if it is incompatible with Irish law.
The Minister may apply to the High Court to adapt the duration of a foreign sentence if it is incompatible with Irish law.
Any adapted sentence must not aggravate the original sentence or exceed the maximum penalty for a similar offence in Ireland.
The Minister shall, as far as practicable, make a decision on a transfer application within 6 months.

Legal text

Transfer of Sentenced Persons (Amendment) Act, 1997 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.

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s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1997 Transfer of Sentenced Persons (Amendment) Act, 1997 Transfer of Sentenced Persons (Amendment) Act, 1997 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Open PDFOscail PDF Print Full ActPriontáil an tAcht Iomlán Number 41 of 1997 TRANSFER OF SENTENCED PERSONS (AMENDMENT) ACT, 1997 ARRANGEMENT OF SECTIONS Section 1. Amendment of section 7 of Transfer of Sentenced Persons Act, 1995. 2. Insertion of section 10A in Transfer of Sentenced Persons Act, 1995. 3. Insertion of section 10B in Transfer of Sentenced Persons Act, 1995. 4. Short title and collective citation. Act Referred to Transfer of Sentenced Persons Act, 1995 1995, No. 16 Number 41 of 1997 TRANSFER OF SENTENCED PERSONS (AMENDMENT) ACT, 1997 AN ACT TO AMEND THE TRANSFER OF SENTENCED PERSONS ACT, 1995 , AND TO PROVIDE FOR CONNECTED MATTERS. [17th December, 1997] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: Amendment of section 7 of Transfer of Sentenced Persons Act, 1995 . 1.—The Transfer of Sentenced Persons Act, 1995 , is hereby amended in section 7— (
a)by the substitution of the following subsections for subsections

(5)and

(6): “

(5)(a) On an application to the High Court under subsection

(1)of this section, if the sentence concerned imposed by the sentencing state concerned is by its legal nature incompatible with the law of the State, the Court may adapt the legal nature of the sentence to that of a sentence prescribed by the law of the State for an offence similar to the offence for which the sentence was imposed. (b) The Minister may, in his or her absolute discretion if he or she thinks it appropriate to do so, include in an application to the High Court under subsection

(1)of this section an application that the Court adapt the duration of the sentence concerned imposed by the sentencing state concerned to that of a sentence prescribed by the law of the State for an offence similar to the offence for which the sentence was imposed and, if the Minister does so and the sentence concerned imposed by the sentencing state concerned is by its duration incompatible with the law of the State, the Court may adapt the duration of that sentence as aforesaid.

(6)(

a)The legal nature of a sentence adapted under paragraph (
a)of subsection

(5)of this section shall, as far as practicable, correspond to the legal nature of the sentence concerned imposed by the sentencing state concerned and shall not, in any event, either— (

i)aggravate it, or (
ii)exceed the maximum penalty prescribed by the law of the State for a similar offence. (
b)The duration of a sentence adapted under paragraph (
b)of subsection

(5)of this section shall, as far as practicable, correspond to the duration of the sentence concerned imposed by the sentencing state concerned and shall not, in any event, either— (

i)aggravate it, or (
ii)exceed the maximum penalty prescribed by the law of the State for a similar offence.”, and (
b)by the insertion of the following subsection after subsection

(9): “

(10)In this section, a reference to the legal nature of a sentence does not include a reference to the duration of such sentence.”. Insertion of section 10A in Transfer of Sentenced Persons Act, 1995 . 2.—The Transfer of Sentenced Persons Act, 1995 , is hereby amended by the insertion after section 10 of the following section— “10A.—The Minister shall as far as practicable make a decision on an application under section 4

(1)of this Act or on a consent to an application under subsection

(1)or

(2)of ection 6 of this Act within 6 months of the date of the application.”. Insertion of section 10B in Transfer of Sentenced Persons Act, 1995 . 3.—The Transfer of Sentenced Persons Act, 1995 , is hereby amended by the insertion after section 10 of the following section— “10B.—Pending a decision on an application under section 4

(1)of this Act or on a consent to an application under subsection

(1)or

(2)of section 6 of this Act, the Minister shall keep the applicant (and the sentenced person concerned, if he or she is not the applicant) informed at regular intervals on the progress of the application.”. Short title and collective citation. 4.—

(1)This Act may be cited as the Transfer of Sentenced Persons (Amendment) Act, 1997.

(2)The Transfer of Sentenced Persons Act, 1995 , and this Act may be cited together as the Transfer of Sentenced Persons Acts, 1995 and 1997. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

AI explanation based on the official legal text. Indicative, not a substitute for legal advice.