Criminal Justice (Mutual Recognition of Probation Judgments and Decisions) Act 2019
Number 20 of 2019
CRIMINAL JUSTICE (MUTUAL RECOGNITION OF PROBATION JUDGMENTS AND DECISIONS) ACT 2019
REVISED
Updated to 3 May 2023
This Revised Act is an administrative consolidation of the Criminal Justice (Mutual Recognition of Probation Judgments and Decisions) Act 2019. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2023), enacted 2 May 2023, and all statutory instruments up to and including the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (Commencement) Order 2023 (S.I. No. 213 of 2023), made 2 May 2023, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 20 of 2019
CRIMINAL JUSTICE (MUTUAL RECOGNITION OF PROBATION JUDGMENTS AND DECISIONS) ACT 2019
REVISED
Updated to 3 May 2023
Introduction
This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.
Related legislation
This Act is not collectively cited with any other Act.
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations.
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (3/2023)
• Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022)
All Acts up to and including Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2023), enacted 2 May 2023, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Criminal Justice (Mutual Recognition of Probation Judgments and Decisions) Act 2019 (Commencement) Order 2019 (S.I. No. 469 of 2019)
All statutory instruments up to and including Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (Commencement) Order 2023 (S.I. No. 213 of 2023), made 2 May 2023, were considered in the preparation of this revision.
Number 20 of 2019
CRIMINAL JUSTICE (MUTUAL RECOGNITION OF PROBATION JUDGMENTS AND DECISIONS) ACT 2019
REVISED
Updated to 3 May 2023
CONTENTS
PART 1
Preliminary and General
Section
1. Short title and commencement
2. Interpretation
3. Application of Act
4. Designation of competent authorities
5. Provisions supplementary to section 4
6. Orders and regulations
7. Expenses
PART 2
Issuing State is Ireland
8. Application of Part 2
9. Definitions
10. Request for forwarding judgment in State, etc., to Member State competent authority
11. Forwarding of judgment in State, etc., to Member State competent authority
12. Withdrawal of Article 6 certificate
13. Consequences of recognition of judgment in State
14. Obligation to provide certain information to Member State competent authority
15. Transfer of jurisdiction back to State
PART 3
Executing State is Ireland
16. Application of Part 3
17. Interpretation
18. Corresponding offences
19. Probation measures and alternative sanctions to which Part 3 applies
20. Forwarding of judgment, etc., to competent authority in State
21. Consent to forwarding judgment, etc., where sentenced person not lawfully and ordinarily residing in State
22. Forwarding of judgment, etc., to Minister
23. Consideration of judgment, etc.
24. Endorsement of judgment, etc., by appropriate court
25. Provisions applicable in cases of conditional release and suspended sentences
26. Time limits for decision
27. Notification of endorsement of judgment and, where applicable, probation decision
28. Recognition of judgment and probation decision
29. Obligation to provide certain information to competent authority in issuing state
30. No jurisdiction to take subsequent decisions in certain cases
31. Judgment not reviewable
32. Transfer of jurisdiction back to competent authority in issuing state
SCHEDULE
Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions
Acts Referred to
Children Act 2001 (No. 24)
Criminal Justice (Community Service) Act 1983 (No. 23)
Criminal Justice (Mutual Assistance) Act 2008 (No. 7)
Criminal Justice Act 1960 (No. 27)
Criminal Justice Act 2006 (No. 26)
Misuse of Drugs Act 1977 (No. 12)
Prisons Act 1970 (No. 11)
Probation of Offenders Act 1907 (7 Edw. 7, c. 17)
Sex Offenders Act 2001 (No. 18)
Number 20 of 2019
CRIMINAL JUSTICE (MUTUAL RECOGNITION OF PROBATION JUDGMENTS AND DECISIONS) ACT 2019
REVISED
Updated to 3 May 2023
An Act to give effect to Council Framework Decision 2008/947/JHA of 27 November 20081 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions, as amended by Council Framework Decision 2009/299/JHA of 26 February 20092 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial; and to provide for related matters.
[7th July, 2019]
Be it enacted by the Oireachtas as follows: