Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023
Number 3 of 2023
CRIMINAL JUSTICE (MUTUAL RECOGNITION OF CUSTODIAL SENTENCES) ACT 2023
REVISED
Updated to 23 July 2024
This Revised Act is an administrative consolidation of the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023. 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 Courts, Civil Law, Criminal Law and Superannuation (Miscellaneous Provisions) Act 2024 (30/2024), enacted 23 July 2024, and all statutory instruments up to and including the European Union (Hague Maintenance Convention) (Amendment) Regulations 2024 (S.I. No. 381 of 2024), made 23 July 2024, 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 3 of 2023
CRIMINAL JUSTICE (MUTUAL RECOGNITION OF CUSTODIAL SENTENCES) ACT 2023
REVISED
Updated to 23 July 2024
CONTENTS
Preliminary and General
Section
1. Short title, collective citations and commencement
4. Executing state presumed to comply with Framework Decision
5. Competent authorities in State
7. Annual report to Houses of Oireachtas
State as issuing state
10. Application to forward judgment
11. Information to be provided to notification parties
12. Opinion of sentenced person
13. Consent of sentenced person
14. Consent of executing state
15. Consultation with executing state
16. Decision to forward judgment
18. Provisional arrest where sentenced person in executing state
19. Communications with executing state after judgment forwarded
20. Consent of Minister to partial recognition and enforcement by executing state
21. Withdrawal of consent of sentenced person
23. Transfer of sentenced person
24. Transfer of enforcement of sentence
25. Continuation in effect of original order
26. Arrest of sentenced person following escape from custody in executing state
27. Rule of specialty (Part 2)
28. Withdrawal of Framework Decision Certificate
29. Cessation of enforcement of sentence
State as executing state
32. Consent to forwarding judgment
33. Provision of reasoned opinion to issuing state
34. Forwarding of judgment to Minister
35. Provisional arrest where sentenced person in State
36. Power of adjournment and remand
37. Application for recognition and enforcement
38. Grounds for refusal to recognise and enforce
39. Partial recognition and enforcement
41. Enforcement of sentence in respect of fewer offences
42. Warrant on foot of recognition
45. Operation of warrants and orders
46. Revocation and variation of warrants and orders
47. Rule of specialty (Part 3)
48. Transfer to State of enforcement of sentence
49. Cessation of enforcement of sentence by State
50. Information to be given by Minister to competent authority of issuing state
Conditional Release
51. Amendment of section 1 of Act of 1960
52. Amendment of section 2 of Act of 1960
53. Conditional release of persons from prisons and related matters
54. Amendment of section 4 of Act of 1960
55. Amendment of section 5 of Act of 1960
56. Amendment of section 6 of Act of 1960
Amendment of Act of 1995
57. Amendment of section 1 of Act of 1995
58. Amendment of section 4 of Act of 1995
59. Amendment of section 5 of Act of 1995
60. Amendment of section 6 of Act of 1995
61. Amendment of section 7 of Act of 1995
62. Committal order and related matters
63. Amendment of section 9 of Act of 1995
Amendment of Act of 2005
64. Amendment of section 1 of Act of 2005
65. Amendment of section 7 of Act of 2005
66. Amendment of section 8 of Act of 2005
67. Identification procedures for purpose under Act
68. Amendment of section 10 of Act of 2005
69. Effect of committal order and related matters
70. Repeal of section 11 of Act of 2005
71. Amendment of section 12 of Act of 2005
Miscellaneous
74. Amendment of section 151 of Children Act 2001
76. Amendment of section 25 of Criminal Justice Act 2007
77. Amendment of Criminal Justice (Mutual Assistance) Act 2008
78. Amendment of Criminal Justice (Forensic Evidence and DNA Database System) Act 2014
79. Amendment of section 58 of Criminal Law (Sexual Offences) Act 2017
80. Amendment of section 8 of Criminal Justice (Victims of Crime) Act 2017
81. Amendment of Parole Act 2019
83. Amendment of Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020
84. Amendment of Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Act 2020
85. Declaration of state to be Member State
Council Framework Decision 2008/909/JHA of 27 November 2008 as amended by Council Framework Decision 2009/299/JHA of 26 February 2009
Acts Referred to
Children Act 2001 (No. 24)
Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (No. 13)
Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (No. 11)
Criminal Justice (Mutual Assistance) Act 2008 (No. 7)
Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Act 2020 (No. 21)
Criminal Justice (Mutual Recognition of Probation Judgments and Decisions) Act 2019 (No. 20)
Criminal Justice (Release of Prisoners) Act 1998 (No. 36)
Criminal Justice (Victims of Crime) Act 2017 (No. 28)
Criminal Justice Act 1951 (No. 2)
Criminal Justice Act 1960 (No. 27)
Criminal Justice Act 2006 (No. 26)
Criminal Justice Act 2007 (No. 29)
Criminal Justice Administration Act 1914 (4 & 5 Geo. 5) c.58
Criminal Law (Insanity) Act 2006 (No. 11)
Criminal Law (Sexual Offences) Act 2017 (No. 2)
Criminal Procedure Act 1993 (No. 40)
European Arrest Warrant Act 2003 (No. 45)
European Arrest Warrant Acts 2003 and 2012
Extradition Act 1965 (No. 17)
International Criminal Court Act 2006 (No. 30)
Mental Health Act 2001 (No. 25)
Parole Act 2019 (No. 28)
Prisons Act 1970 (No. 11)
Prisons Act 1972 (No. 7)
Transfer of Execution of Sentences Act 2005 (No. 28)
Transfer of Sentenced Persons Act 1995 (No. 16)
Transfer of Sentenced Persons Acts 1995 and 1997
Number 3 of 2023
CRIMINAL JUSTICE (MUTUAL RECOGNITION OF CUSTODIAL SENTENCES) ACT 2023
REVISED
Updated to 23 July 2024
An Act to give effect to Council Framework Decision 2008/909/JHA of 27 November 20081 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009 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; for that purpose to amend the European Arrest Warrant Act 2003 and other enactments; to confer a power on the Minister for Justice to direct the conditional release of certain persons serving sentences of imprisonment or persons being detained in a place provided under section 2 of the Prisons Act 1970 and, for that purpose, to amend the Criminal Justice Act 1960 and other enactments; to amend and extend the Transfer of Sentenced Persons Act 1995; to amend and extend the Transfer of Execution of Sentences Act 2005; to make provision for matters to which the Parole Board shall have regard in deciding whether to make a parole order in respect of a parole applicant upon whom a sentence was imposed by a court or tribunal in a state, other than the State, the enforcement of which has been transferred to the State and, for that and other purposes, to amend the Parole Act 2019; to give further effect to Council Framework Decision 2009/829/JHA of 23 October 20092 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention; for that purpose to amend the Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Act 2020; and to provide for related matters.
[1st March, 2023]
Be it enacted by the Oireachtas as follows: