Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023
Interpretation (Part 2)
9. (1) In this Part—
“adaptation”, in relation to a sentence, means the adaptation of the sentence in accordance with Article 8 of the Framework Decision;
“applicant” has the meaning assigned to it by section 10(1);
“application” means an application under section 10(1);
“decision to forward”, in relation to a judgment, means a decision by the Minister under section 16 to forward the judgment to the competent authority of an executing state;
“decision to recognise”, in relation to a judgment, means a decision by the competent authority of an executing state to recognise the judgment and enforce the sentence to which it relates which has been forwarded to the competent authority;
“forward”, in relation to a judgment, means to forward the judgment in accordance with section 17;
“Irish Prison Service” means the prison service of the Department of Justice, which is charged with the management of prisons;
“notification parties” has the meaning assigned to it by section 11(1);
“original order” has the meaning assigned to it by section 25(1);
“reasoned opinion” means the reasoned opinion of the competent authority of the executing state that the enforcement of a sentence in respect of a person by that state would not facilitate the social rehabilitation and successful reintegration of the person into society;
“transfer warrant” has the meaning assigned to it by section 22(1).
(2) Nothing in this Part shall operate to prejudice the forwarding under section 11 of the Act of 2019 of a judgment in the State (within the meaning of Part 2 of the Act of 2019) and, where applicable, the probation decision (within the meaning of Part 2 of the Act of 2019), to a Member State competent authority (within the meaning of the Act of 2019).