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Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked.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: