Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023

78

Amendment of Criminal Justice (Forensic Evidence and DNA Database System) Act 2014

78. (1) Section 31 of the Act of 2014 is amended—

(a) in subsection (1)(c)(ii)—

(i) in clause (I), by the deletion of “or” where it lastly occurs,

(ii) by the insertion of the following clause after clause (I):

“(IA) a committal order within the meaning of the Transfer of Sentenced Persons Act 1995,”,

(iii) by the insertion of the following clauses after clause (II):

“(III) a committal order within the meaning of the Transfer of Execution of Sentences Act 2005, or

(IV) a committal order within the meaning of Part 3 of the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023,”,

and

(iv) by the insertion of “or an appropriate court (within the meaning of the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023), as the case may be,” after “the offence that the High Court”,

and

(b) in subsection (14), in paragraph (b) of the definition of “the expiry of the sentence”—

(i) by the insertion of “or an appropriate court (within the meaning of the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023), as the case may be” after “determined by the High Court”,

(ii) in subparagraph (i), by the deletion of “or” where it lastly occurs,

(iii) in subparagraph (ii), by the substitution of “Transfer of Execution of Sentences Act 2005, or” for “Transfer of Execution of Sentences Act 2005,”, and

(iv) by the insertion of the following subparagraph after subparagraph (ii):

“(iii) on his or her transfer to the State and detention in a place of detention in the State under Part 3 of the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023,”.

(2) Section 32 of the Act of 2014 is amended—

(a) in subsection (1)(c)(ii)—

(i) in clause (I), by the deletion of “or” where it lastly occurs,

(ii) by the insertion of the following clause after clause (I):

“(IA) a committal order within the meaning of the Transfer of Sentenced Persons Act 1995,”,

(iii) by the insertion of the following clauses after clause (II):

“(III) a committal order within the meaning of the Transfer of Execution of Sentences Act 2005, or

(IV) a committal order within the meaning of Part 3 of the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023,”,

and

(iv) by the insertion of “or an appropriate court (within the meaning of the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023), as the case may be,” after “the offence that the High Court”,

and

(b) in subsection (15), in paragraph (b) of the definition of “the expiry of the sentence”—

(i) by the insertion of “or an appropriate court (within the meaning of the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023), as the case may be” after “determined by the High Court”,

(ii) in subparagraph (i), by the deletion of “or” where it lastly occurs,

(iii) in subparagraph (ii), by the substitution of “Transfer of Execution of Sentences Act 2005, or” for “Transfer of Execution of Sentences Act 2005,”, and

(iv) by the insertion of the following subparagraph after subparagraph (ii):

“(iii) on his or her transfer to the State and detention in a place of detention in the State under Part 3 of the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023,”.

(3) Section 33(10) of the Act of 2014 is amended, in paragraph (b) of the definition of “the expiry of the sentence”—

(a) by the insertion of “or an appropriate court (within the meaning of the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023), as the case may be” after “determined by the High Court”,

(b) in subparagraph (i), by the deletion of “or” where it lastly occurs,

(c) in subparagraph (ii), by the substitution of “Transfer of Sentenced Persons Act 1995, or” for “Transfer of Sentenced Persons Act 1995,”, and

(d) by the insertion of the following subparagraph after subparagraph (ii):

“(iii) on his or her transfer to the State and detention in a place of detention in the State under Part 3 of the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023,”.

(4) In this section, “Act of 2014” means the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014.