Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023
Withdrawal of Framework Decision Certificate
28. (1) The Minister may withdraw a Framework Decision Certificate to which a sentence relates at any time before the transfer under section 24(1) of the enforcement of the sentence to the executing state.
(2) The Minister shall, without prejudice to the generality of subsection (1), without delay withdraw a Framework Decision Certificate to which a sentence relates at any time before the transfer under section 24(1) of the enforcement of the sentence to the executing state where—
(a) the Minister does not consent to a request referred to in section 20(1) for the partial recognition and enforcement by that state of a sentence to which the Certificate relates,
(b) the consent of the sentenced person to which the Certificate relates has been withdrawn under section 21,
(c) the sentenced person is believed to be in the executing state and he or she has not been located in that state, or
(d) having regard to the matters referred to in subsection (3), the Minister considers that the withdrawal of the Certificate is in the public interest.
(3) The Minister shall have regard to the following matters when considering whether to withdraw a Framework Decision Certificate—
(a) any information received by the Minister from the competent authority of an executing state regarding the law of the executing state in respect of early or conditional release,
(b) a reasoned opinion provided to the Minister by the executing state in accordance with section 19(2),
(c) any information received by the Minister regarding the adaptation or proposed adaptation of the sentence to which the Certificate relates, and
(d) such other matters as the Minister considers appropriate.
(4) The Minister shall, as soon as practicable after deciding to withdraw a Framework Decision Certificate under this section, give notice in writing of the decision (including reasons for the decision) to the competent authority of the executing state.
(5) Where a Framework Decision Certificate in respect of a sentenced person is withdrawn and the sentenced person is in the State, the Minister shall revoke any transfer warrant in respect of the person.