Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023

44

Effect of committal order

44. (1) Subject to subsections (3) and (4) and section 40, the effect of a committal order shall be to authorise the continued enforcement in the State of a sentence (in its legal nature and duration) imposed in an issuing state and such an order shall—

(a) where a sentenced person is to be committed to a prison, have the same force and effect as an order imposing a sentence of imprisonment following conviction by the court,

(b) where a sentenced person is to be committed to a designated centre, have the same force and effect as an order by the court under section 5(2) of the Act of 2006 committing a person to such a centre, and

(c) where a sentenced person is to be committed to a children detention school, have the same force and effect as an order imposing a sentence of detention in a children detention school following conviction by the court.

(2) Without prejudice to the generality of subsection (1), the following shall apply in relation to a sentence which is to be enforced in the State as a result of the recognition of the judgment to which it relates—

(a) section 17(3) of the Criminal Justice Administration Act 1914 in respect of a sentenced person committed to a prison,

(b) the power to commute or remit a punishment under section 23 of the Criminal Justice Act 1951,

(c) the power of the Minister to give a direction that a sentenced person be released from prison for a temporary period under section 2 of the Act of 1960 or be released for such period as may be specified by the Minister under section 2A of that Act,

(d) the power of the Parole Board to make a parole order under section 27 of the Parole Act 2019 in respect of a sentenced person, and

(e) in so far as the period served by a sentenced person in a place of detention on foot of a warrant issued under section 35(1), 42(1)(a) or (b) and a committal order is concerned, the rules or practice whereby sentenced persons generally may earn remission of sentences by industry or good conduct.

(3) A person, in respect of whom a warrant is issued under section 35(1), 42(1)(a) or (b) or a committal order is made, shall not be entitled to bring any appeal in the State against the conviction or the sentence imposed in the issuing state.

(4) The Criminal Procedure Act 1993 shall not apply to a person in respect of whom an order under section 43(1) has been made, a warrant is issued under section 42(1)(a) or (b) or a committal order is made in so far as the conviction or sentence imposed in the issuing state is concerned.