Irish prisoners overseas

If you are an Irish prisoner overseas you can face many difficulties, including language barriers, discrimination, an unfamiliar legal system and difficult prison conditions.

The families of prisoners overseas may encounter problems such as language and cultural differences, or difficulty communicating with their loved one.

This page includes information on:

Repatriation

Repatriation allows you to serve your sentence or the rest of your sentence in Ireland. It can also help you prepare for your life after your release.

Deportation

Being sent back to Ireland after completing your prison sentence

Support services 

For prisoners overseas and their families

If you are in prison in another EU country, your sentence may be transferred to Ireland without the Irish state’s consent or your consent. This can happen if you are an Irish citizen and you either:

• Lived here prior to the imposition of the sentence, or
• Will be sent to Ireland (deported) after the completion of the sentence

In other cases, you can only be returned to Ireland with the Irish State’s consent. For example, if you are a non-Irish citizen who previously lived in Ireland.

This is set out under the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023.

Requests from the Minister for Justice

The Minister for Justice can also make a request to another EU country for you to be returned to Ireland. You can ask the Minister to make such a request. The sentencing country must also agree to the transfer.

Your transfer to Ireland will not be made if:

• It would not benefit your social rehabilitation and reintegration into society
• The crime you are convicted of is not a crime in Ireland

If it is proposed to send you to Ireland, the Minister for Justice can send their opinion to the transferring State. If the Minister does send an opinion, they must have regard to your views as a sentenced person.

The final decision on whether you are returned to Ireland is made by the Irish courts. If a transfer is approved, the Irish court will make arrangements for your transfer into Ireland and for the serving of the rest of your sentence here.

The Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 is the law implementing the EU framework decision on the mutual recognition of custodial sentence within the EU.

If you are in prison in certain countries outside of the EU it may be possible to be transferred to your home country.

The Transfer of Sentenced Persons Convention

Ireland, the UK, the US, Canada and Australia are all countries that allow transfers under this Convention. This legal agreement allows prisoners to apply to be transferred home to serve their prison sentence in their own country. The Convention is implemented in Ireland through the Transfer of Sentenced Persons Acts. A transfer must be agreed between:

• The prisoner
• The sentencing country, and
• The prisoner’s home country

Four conditions must also be met for you to be eligible to apply for a repatriation to serve your sentence in your home country:

1. You must be regarded as a national of the country you want to be transferred to.
2. The sentence must be final. You cannot apply for transfer before you face trial or until after all appeals have been heard.
3. There must be at least 6 months left to serve on your sentence. The Minister can waive this requirement in exceptional circumstances.
4. The crime you are convicted of must also be a crime in Ireland.

An application for transfer can be made by the:

• Prisoner
• Director of the prison service
• Competent authority of the state in which you are held

You first apply to the prison authorities in the country where you are serving your sentence for a transfer back to Ireland to serve your sentence. If approved, your application is then sent to the Irish Prison Service. The Minister for Justice makes the final decision.

When you and both countries have consented to a transfer, an application is made to the High Court for the necessary warrant authorising your transfer to Ireland and your ongoing imprisonment here.

Alternatively, you can communicate your wish directly to the Minister for Justice. However, may add a number of weeks to the process.

Repatriation from a country outside of EU or the Convention

If you are in prison in a country that is not in the EU or is not a signatory to the Convention you may be able to be repatriated under the Transfer of Sentenced Persons Acts if there is an agreement between Ireland and that country.

When you have completed your sentence, you may automatically be returned to Ireland by the authorities of the country in which you were imprisoned. This is sometimes called deportation.

Some countries automatically deport an overseas prisoner if they have served a certain amount of time in prison or if they have any previous convictions.

If you are deported, it is important that you keep whatever documentation given to you about your imprisonment and your deportation. This material may be helpful in applying for social welfare benefits in Ireland.

Irish prisoners, with some exceptions, are not deported from the United Kingdom when they have completed their sentence.

If you are a returning ex-prisoner, you must satisfy the habitual residence condition to qualify for certain social welfare payments. For example, supplementary welfare allowance and Child Benefit. Habitual residence means that you must have a close link and continuing link to Ireland.

If you are an Irish citizen that has been deported back to Ireland, you would generally satisfy the habitual residence condition. If you are deported, you should bring any relevant documents to show you have been deported.

Irish Council for Prisoners Overseas

The Irish Council for Prisoners Overseas (ICPO) is a charitable organisation that works to provide information and support to Irish people imprisoned overseas and their families.

ICPO services:

• Providing information and support to prisoners and their families on a wide range of issues, including repatriation, deportation, health, legal matters, discrimination and ill-treatment
• Represent prisoners’ interests to relevant parties such as Irish embassies and consulates, welfare agencies, probation and legal officers
• Monitor repatriation applications with the Department of Justice
• Provide help to prisoners in preparation for their release
• Visit prisoners and help families with travel and accommodation for prison visits

The ICPO holds a Family Information Day each year to provide families with information and support and to give them the opportunity to meet other people who have a relative in prison overseas.

You can find more information in a leaflet for families about the ICPO (pdf) and in the factsheets for families.

The ICPO also has factsheets for prisoners detained abroad.

Consular Assistance

Irish embassies and consulates ensure that the rights of Irish citizens who are arrested or imprisoned abroad are fully respected.

The local authorities may only contact the Irish embassy or consulate if requested to do so. You can contact them if you are arrested or detained and a consular officer can:

• Help you get information about prison arrangements
• Give you a list of local English-speaking lawyers
• Provide your family with information about the prison and legal arrangements in the country where you are detained
• Help you maintain contact with friends and family and arrange for the safe transfer to you of funds they provide
• Put you in touch with relevant agencies such as ICPO

The Department of Foreign Affairs has more information on consular assistance if you are arrested or detained abroad.