Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023

59

Amendment of section 5 of Act of 1995

59. Section 5 of the Act of 1995 is amended by the substitution of the following subsection for subsection (2):

“(2) A warrant issued under subsection (1) shall authorise—

(a) the taking of the sentenced person to a place in any part of the State for the purposes of delivery referred to in paragraph (b),

(b) the delivery of the sentenced person into the custody of a person authorised by the administering state to receive the person—

(i) at a place of departure from the State, for conveyance to the administering state and the keeping of the person in custody until the delivery is effected, or

(ii) at a place of entry to the administering state and the keeping of the person in custody until the delivery is effected,

and

(c) the removal of the sentenced person from the State—

(i) where paragraph (b)(i) applies, by the person to whom he or she is so delivered at the place of departure from the State, and

(ii) where paragraph (b)(ii) applies, by a person authorised pursuant to subsection (4) for that purpose.”.