Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023

6

Transmission of documents

6. (1) Where the Minister is required to forward a document or provide information to the competent authority of an executing state or an issuing state for the purposes of Part 2 or 3 or section 73, the Minister shall transmit the document or provide the information concerned by any means (including delivery) capable of producing a record in writing under conditions allowing the competent authority to establish the authenticity of the document or the information.

(2) Subsection (3) applies if a document forwarded to the Minister for the purposes of Part 2 or 3 or section 73 has been directly forwarded to the Minister by any means (including delivery) which has produced a record in writing of the document under conditions allowing the Minister to establish the authenticity of the document.

(3) The record in writing of a document shall be deemed to be the document that was transmitted.

(4) For the purposes of Part 2 or 3 or section 73, a document shall be deemed to be a true copy of an original document if it has been certified as a true copy of the original document by the competent authority of an issuing state.

(5) A document purporting to be a copy of—

(a) a Framework Decision Certificate,

(b) a judgment to which a certificate referred to in paragraph (a) applies,

(c) a translation of a document referred to in paragraph (a) or (b), or

(d) any other document transmitted in accordance with subsection (1) by the competent authority of an executing state or an issuing state,

shall, unless the contrary is shown, be evidence in any proceedings of the matters specified therein without further proof.