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

PART 1

Preliminary and General

Section

1. Short title, collective citations and commencement

2. Interpretation

3. Application of Act

4. Executing state presumed to comply with Framework Decision

5. Competent authorities in State

6. Transmission of documents

7. Annual report to Houses of Oireachtas

8. Expenses

PART 2

State as issuing state

9. Interpretation (Part 2)

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

17. Forwarding of 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

22. Transfer warrant

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

PART 3

State as executing state

30. Interpretation (Part 3)

31. Corresponding offences

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

40. Adaptation

41. Enforcement of sentence in respect of fewer offences

42. Warrant on foot of recognition

43. Committal order

44. Effect of committal order

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

PART 4

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

PART 5

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

PART 6

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

PART 7

Miscellaneous

72. Identification procedures

73. Transit

74. Amendment of section 151 of Children Act 2001

75. Amendment of Act of 2003

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

82. Amendment of Act of 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

86. Transitional provision

SCHEDULE

Council Framework Decision 2008/909/JHA of 27 November 2008 as amended by Council Framework Decision 2009/299/JHA of 26 February 2009



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: