Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023

15

Consultation with executing state

15. (1) Before making a decision as to whether to forward a judgment to which an application relates, the Minister, subject to subsection (3), shall—

(a) where the application relates to a sentenced person to whom paragraph (a) or (b) of section 14 pplies, in so far as is reasonable and practicable, consult with the competent authority of the executing state referred to in the paragraph concerned, and

(b) where section 14(c) applies, consult with the competent authority of the executing state referred to in that section,

regarding the application, including whether the enforcement of the sentence by the executing state would facilitate the social rehabilitation and successful reintegration into society of the sentenced person.

(2) The Minister shall have regard to any views (including a reasoned opinion) as may be provided to him or her by the competent authority of an executing state.

(3) This section shall not apply unless the Minister is satisfied that the judgment may be forwarded.