Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023

29

Cessation of enforcement of sentence

29. Where a sentenced person—

(a) is granted a pardon, under Article 13.6 of the Constitution, in respect of an offence consisting of an act or omission that constitutes in whole or in part the offence in respect of which he or she has been transferred to the executing state,

(b) has, by virtue of any Act of the Oireachtas, become immune from prosecution or punishment for an offence consisting of an act or omission that constitutes in whole or in part the offence in respect of which he or she has been transferred to the executing state, or

(c) obtains a declaration under section 2 of the Criminal Procedure Act 1993 that there has been a miscarriage of justice in relation to his or her conviction for the offence in respect of which he or she has been transferred to the executing state,

the Minister shall immediately notify the competent authority of the executing state to which the judgment imposing a sentence in respect of the offence has been forwarded of that fact.