Legalize / Ireland / Act

Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023

Type Act

Publication 2023-03-01

Last updated 2024-07-23

State In force

Source Irish Statute Book

articles 86

Reform history JSON API

PART 1 Preliminary and General

1. Short title, collective citations and commencement

1. (1) This Act may be cited as the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023.

(2) The European Arrest Warrant Acts 2003 and 2012 and section 75 may be cited together as the European Arrest Warrant Acts 2003 to 2023.

(3) The Transfer of Sentenced Persons Acts 1995 and 1997 and Part 5 may be cited together as the Transfer of Sentenced Persons Acts 1995 to 2023.

(4) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

2. Interpretation

2. (1) In this Act—

“Act of 1960” means the Criminal Justice Act 1960;

“Act of 1995” means the Transfer of Sentenced Persons Act 1995;

“Act of 2003” means the European Arrest Warrant Act 2003;

“Act of 2005” means the Transfer of Execution of Sentences Act 2005;

“Act of 2006” means the Criminal Law (Insanity) Act 2006;

“Act of 2019” means the Criminal Justice (Mutual Recognition of Probation Judgments and Decisions) Act 2019;

“appropriate court” means the High Court;

“children detention school” has the same meaning as it has in section 3(1) of the Children Act 2001;

“clinical director”, in relation to a designated centre, has the same meaning as it has in the Mental Health Act 2001;

“competent authority”, in relation to an executing state or issuing state, means the authority designated by the executing state or issuing state, as the case may be, to be the competent authority in that state for the purposes of the Framework Decision;

“court” means any court exercising criminal jurisdiction and includes a court-martial;

“designated centre” has the same meaning as it has in section 1 of the Act of 2006;

“Director General of the Irish Prison Service” means the person appointed by the Minister to the post of Director General of the Irish Prison Service;

“Director of a children detention school” means a person who has been appointed under section 180 of the Children Act 2001 and who is responsible for the immediate control and supervision of a children detention school;

“executing state” means the Member State to which a judgment is, or is to be, forwarded in accordance with Part 2 for the purposes of its recognition and enforcement in that state;

“Framework Decision” means Council Framework Decision 2008/909/JHA of 27 November 2008^3 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009^4 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial, the text of which in the English language is for convenience of reference set out in the Schedule;

“Framework Decision 2008/947/JHA” means Council Framework Decision 2008/947/JHA of 27 November 2008^5 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009^6 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial;

“Framework Decision Certificate” means the certificate provided for in Article 4 of the Framework Decision, the standard form of which is set out in Annex I to the Framework Decision;

“issuing state” means the Member State in which a judgment is delivered;

“judgment” means a final decision, direction or order—

(a) where Part 2 applies, of a court in the State, and

(b) where Part 3 applies, of a court in an issuing state,

imposing a sentence on a natural person and, unless otherwise specified, includes a record in writing of that decision, direction or order or a certified copy thereof;

“Member State” means—

(a) a state, other than the State, that is a Member State of the European Union, and

(b) a state that is declared under section 85 to be a Member State;

“Minister” means the Minister for Justice;

“place of detention” means—

(a) a prison,

(b) a designated centre, or

“prison” means a place of custody (other than a Garda Síochána station) administered by or on behalf of the Minister and includes—

(a) a place provided under section 2 of the Prisons Act 1970, and

(b) a place specified under section 3 of the Prisons Act 1972;

“relevant language”, in relation to a translation of a Framework Decision Certificate or a judgment, means—

(a) where Part 2 or section 73(7) applies, the official language or one of the official languages of an executing state or such other language as an executing state may, having regard to any declaration by that state under Article 23(1) of the Framework Decision, accept, and

(b) where Part 3 applies, the official language or one of the official languages of an issuing state or such other language as an issuing state may, having regard to any declaration by that state under Article 23(1) of the Framework Decision, accept;

“sentence” means a custodial sentence or measure involving deprivation of liberty imposed by a court for a limited or unlimited period of time on account of a criminal offence in criminal proceedings and includes a punishment or measure that includes a limited or unlimited period of time that is served otherwise than in custody but does not include a part of a sentence the execution of which has been conditionally suspended upon its imposition—

(a) where Part 2 applies, by a court in the State, and

(b) where Part 3 applies, by a court in an issuing state;

“sentenced person”, in relation to a judgment, means the person the subject of the judgment.

(2) A word or expression that is used in this Act and also used in the Framework Decision has, other than where the context otherwise requires, the same meaning in Part 2 or 3, as the case may be, as in the Framework Decision.

(3) For the purposes of Part 2 or 3, a sentenced person shall be deemed to be living in a state if it is the place to which he or she is attached based on his or her habitual residence and on his or her family, social or professional ties with that place.

3. Application of Act

3. This Act applies to sentences whether imposed before, on or after the date on which it comes into operation.

4. Executing state presumed to comply with Framework Decision

4. It shall be presumed that an executing state will comply with the requirements of the Framework Decision, unless the contrary is shown.

5. Competent authorities in State

5. (1) Subject to subsection (2), the Minister is the competent authority in the State for the purposes of this Act and the Framework Decision.

(2) The appropriate court is the competent authority in the State for the purposes of—

(a) the provision of consent under section 27(1) to a request from the competent authority of an executing state,

(b) the grant or refusal of an application under section 37(1) to recognise a judgment in the State and enforce a sentence to which the judgment relates,

(d) the adaptation of a sentence under section 40,

(e) the issue of a warrant under section 42(1)(a) or (b) for the purpose of enforcement of a sentence in the State,

(f) the making of an order under section 43(1) or (2) for the purpose of enforcement of a sentence in the State, and

(g) the issue of a request under section 47(3) for the consent of the competent authority of an issuing state.

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,

(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.

7. Annual report to Houses of Oireachtas

7. (1) As soon as may be after the end of each year but not later than 4 months thereafter, the Minister shall cause to be laid before each House of the Oireachtas a report on the operation of Parts 1 to 3 and section 73 during that year.

(2) Notwithstanding subsection (1), if, but for this subsection, the first report under this section would relate to a period of less than 6 months, the report shall relate to that period and to the year immediately following that period and shall be made as soon as may be, but not later than 4 months after the end of that year.

8. Expenses

8. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure, National Development Plan Delivery and Reform, be paid out of moneys provided by the Oireachtas.

PART 2 State as issuing state

9. 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).

10. Application to forward judgment

10. (1) Each of the following persons (in this Part referred to as “applicant”) may make an application in writing to the Minister to forward a judgment imposed in the State to a competent authority of an executing state for the purposes of the recognition of the judgment and enforcement of the sentence to which the judgment relates in that state:

(a) the sentenced person;

(b) where the sentenced person is in a prison, the Director General of the Irish Prison Service;

(d) where the sentenced person is in a children detention school, the Director of the children detention school;

(e) the competent authority of the executing state (in so far as the application is to forward the judgment to the executing state for which the competent authority is designated).

(2) Without prejudice to subsection (1)and subject to subsection (3), the Minister may consider whether to forward a judgment imposed in the State to a competent authority of an executing state for the purposes of the recognition of the judgment and enforcement of the sentence to which the judgment relates in that state.

(3) Sections 11 to 16 shall apply to a consideration by the Minister under subsection (2) to forward a judgment as they apply to an application under subsection (1) and a reference in those sections to an application shall be construed as including a reference to such a consideration.

11. Information to be provided to notification parties

11. (1) The Minister shall, on receipt of an application in respect of a judgment, notify the competent authority of the executing state and the following persons (in this Part referred to as “notification parties”), other than the applicant, of the making of the application:

(a) where the sentenced person is in the State, that person;

(b) where the sentenced person is in a prison, the Director General of the Irish Prison Service;

(d) where the sentenced person is in a children detention school, the Director of the children detention school.

(2) The Minister shall notify the applicant and the notification parties in relation to an application of the following matters:

(a) a decision by the Minister to forward the judgment in respect of the application;

(b) a decision by the Minister to give his or her consent under section 20(1) to the partial recognition and enforcement by the executing state of the sentence to which a judgment in respect of the application relates;

(d) the receipt by the Minister of information regarding the adaptation of the sentence to which the application relates;

(e) a decision (including reasons for the decision) by the Minister under section 28 to withdraw the Framework Decision Certificate in respect of the judgment to which the application relates.

(3) The Minister shall, at the request of the competent authority of an executing state, make all reasonable efforts to provide such information in connection with the transfer to the executing state of the sentenced person as may be specified in the request to—

(a) the sentenced person, or

(b) where section 12(3) applies, to the legal representative of the sentenced person, or any other person considered by the Minister to be an appropriate person for the purpose of that section.

12. Opinion of sentenced person

12. (1) Where an application is made in respect of a sentenced person in the State, the Minister, subject to subsection (5), shall provide the sentenced person, or cause him or her to be provided, with an opportunity within such period as is specified in the notification referred to in section 11(1) (being a period of not less than 21 days) to give his or her opinion regarding the application.

(2) A sentenced person may give his or her opinion orally or in writing and, if given orally, the Minister shall arrange for the opinion to be recorded in writing.

(3) Where a sentenced person is, because of his or her age or physical or mental condition, incapable of giving his or her opinion, the Minister shall provide, or cause to be provided, the opportunity referred to in subsection (1) to the legal representative of the sentenced person, or any other person considered by the Minister to be an appropriate person for that purpose.

(4) Where an opinion is provided by a sentenced person under this section (including any case where subsection (3) applies), the Minister shall notify the competent authority of the executing state to which the application relates of the opinion.

(5) This section shall not apply unless the Minister is satisfied that the judgment may be forwarded.

13. (1) A judgment to which an application relates may not be forwarded to an executing state without the consent in writing of the sentenced person unless—

(a) the sentenced person is a national of the executing state and he or she lives in that state,

(b) the sentenced person will be sent to the executing state upon release from the enforcement of the sentence to which the judgment relates in accordance with an order included in, or ancillary to, the judgment, or

(i) in circumstances in which the criminal proceedings to which the application relates were pending in the State against him or her, or

(ii) before he or she commenced serving the sentence imposed by a court in the State to which the application relates.

(2) Where a sentenced person is, because of his or her age or physical or mental condition, incapable of giving his or her consent under subsection (1), the legal representative of the sentenced person or any other person considered by the Minister to be an appropriate person for that purpose may give the consent required under subsection (1).

14. Subject to this Part, a judgment to which an application relates may be forwarded to the competent authority of an executing state for the purposes of the recognition of the judgment and enforcement of the sentence to which the judgment relates in the executing state where—

(a) the sentenced person is a national of the executing state and he or she lives in that state,

(b) the sentenced person is a national of the executing state and he or she will be sent to that state upon release from the enforcement of the sentence to which the judgment relates in accordance with an order included in, or ancillary to, the judgment, or

(c) in the case of any other executing state, the competent authority of the executing state has given its consent in writing to the forwarding of the judgment.

15. Consultation with executing state

15. (1) Before making a decision as to whether to forward a judgment to which an application relates, the Minister, subject to subsection (3), shall—

(a) where the application relates to a sentenced person to whom paragraph (a) or (b) of section 14 pplies, in so far as is reasonable and practicable, consult with the competent authority of the executing state referred to in the paragraph concerned, and

(b) where section 14(c) applies, consult with the competent authority of the executing state referred to in that section,

regarding the application, including whether the enforcement of the sentence by the executing state would facilitate the social rehabilitation and successful reintegration into society of the sentenced person.

(2) The Minister shall have regard to any views (including a reasoned opinion) as may be provided to him or her by the competent authority of an executing state.

(3) This section shall not apply unless the Minister is satisfied that the judgment may be forwarded.

16. Decision to forward judgment

16. (1) Subject to subsections (2) and (3), the Minister may, where he or she is satisfied that paragraph (a), (b) or (c) of section 14 applies, forward a judgment to which an application relates to the competent authority of an executing state for the purposes of the recognition of the judgment and enforcement of the sentence to which the judgment relates in the executing state.

(2) A judgment may not be forwarded unless—

(a) the sentenced person is in the State or the executing state,

(b) other than where paragraph (a), (b) or (c) of section 13(1) applies, the sentenced person has given his or her consent in writing to the judgment being forwarded and it has not been withdrawn under section 21,

(c) the Minister is satisfied that the enforcement of the sentence by the executing state would facilitate the sentenced person’s social rehabilitation and successful reintegration into society having regard to—

(i) the presence in the executing state of any family members of the sentenced person,

(ii) the nature and extent of any linguistic, cultural, social or economic connections between the sentenced person and the executing state, and

(iii) such other matters as the Minister considers appropriate,

(d) the Minister is satisfied that reasonable steps have been taken to inform the sentenced person in writing in a language that he or she understands of the substance of the arrangements in accordance with which it is proposed to transfer him or her,

(e) the sentenced person is not subject to proceedings that have been brought, but have not been finally determined for his or her extradition or arrest under the Extradition Act 1965 or the Act of 2003,

(f) where section 12(1) applies (including any case where section 12(3) applies), the Minister has considered the opinion (if any) of the sentenced person under that section, and

(g) consultations in accordance with section 15(1) have taken place.

(3) The Minister shall not forward the judgment to more than one executing state at any one time.

(4) The Minister may, before forwarding a judgment, invite or otherwise take into account submissions by the sentenced person, the executing state and such persons as the Minister considers appropriate.

17. Forwarding of judgment

17. (1) Where the Minister makes a decision to forward a judgment, he or she shall—

(a) forward to the competent authority of the executing state—

(i) a copy of the judgment signed and certified by the Minister to be a true copy of the judgment,

(ii) a Framework Decision Certificate in respect of the judgment signed and certified by the Minister, and

(iii) subject to subsection (2), a translation of the Framework Decision Certificate in a relevant language,

(b) where the sentenced person is in the State, notify him or her in the standard form as set out in Annex II to the Framework Decision, and

(c) where the sentenced person is in the executing state, send a notification to the competent authority of the executing state in the standard form as set out in Annex II to the Framework Decision.

(2) A translation of a Framework Decision Certificate referred to in subsection (1)(a)(iii) shall not be required where the executing state does not require such translation.

(3) The Minister shall, if required by the competent authority of an executing state, send the competent authority a certified copy of the judgment and the original of the Framework Decision Certificate.

18. Provisional arrest where sentenced person in executing state

18. Where the Minister has made a decision to forward a judgment to an executing state and the sentenced person is in the executing state, the Minister may, at any time—

(a) before the receipt by the competent authority of the executing state of the forwarded judgment and Framework Decision Certificate, or

(b) after the receipt by the competent authority of the executing state of the documents referred to in paragraph (a) but before a decision is made by the competent authority in the executing state regarding recognition of the judgment and enforcement of the sentence in that state,

request the executing state to arrest or otherwise detain the sentenced person pending the making of a decision referred to in paragraph (b).

19. Communications with executing state after judgment forwarded

19. (1) The Minister shall, at the request of a competent authority of an executing state, provide the competent authority with a translation of a judgment, or such parts of the judgment as may be specified in the request, in a relevant language.

(2) Where a judgment has been forwarded to an executing state and there has been no consultation with the executing state, the Minister shall consider any reasoned opinion provided by the competent authority of that state where the opinion is provided without delay after the judgment is forwarded.

(3) The Minister shall, at the request of a competent authority of an executing state to which a judgment has been forwarded, provide without delay such additional information regarding the request as the Minister considers appropriate to the competent authority.

20. (1) Where a judgment has been forwarded to an executing state, the Minister may, upon request of the competent authority of the executing state, give his or her consent to the recognition of the judgment and enforcement of the sentence in part by that state.

(2) The Minister may not give his or her consent under subsection (1) where to do so aggravates the duration of the sentence.

21. (1) Where the consent of a sentenced person is required under section 13(1), he or she may withdraw his or her consent at any time before a decision by the competent authority of the executing state to recognise the judgment and enforce the sentence in that state.

(2) Where subsection (2) of section 13 applies, the consent required under subsection (1) of that section may be withdrawn in accordance with subsection (1) by the legal representative of the sentenced person or any other person considered by the Minister to be an appropriate person for that purpose.

22. Transfer warrant

22. (1) The Minister may, on receipt of a notification from the competent authority of an executing state of its decision to recognise a judgment, issue a warrant for the transfer of the sentenced person out of the State to the executing state (in this Part referred to as a “transfer warrant”).

(2) A transfer warrant shall authorise—

(a) the taking of the sentenced person from his or her place of detention and his or her delivery into the custody of a person authorised by the competent authority of the executing state to receive the person—

(i) at a place of departure from the State, for conveyance to the executing state until the delivery is effected, or

(ii) at a place of entry to the executing state,

and

(b) the removal of the sentenced person from the State.

(3) Where a transfer warrant has been issued in respect of a sentenced person, he or she shall be deemed to be in legal custody at any time when he or she is being taken under the warrant to or from any place or being kept in custody under the warrant and, where the person escapes or is unlawfully at large, he or she shall be liable to be retaken in the same manner as any person who escapes from lawful custody.

(4) The Minister may designate any person as a person who is, for the time being, authorised to take the sentenced person concerned to or from any place under the transfer warrant or to keep the person in custody under the warrant.

(5) A person authorised pursuant to subsection (4) to take a sentenced person to or from any place or to keep the person in custody shall, while so taking or keeping the sentenced person, have all the powers, authority, protection and privileges of a member of the Garda Síochána.

(6) If at any time before a sentenced person is transferred to an executing state under this section it appears appropriate to the Minister, in order that effect may be given to this Part, that a transfer warrant in respect of the person should be revoked or varied, the Minister may revoke or vary the warrant.

23. Transfer of sentenced person

23. (1) A sentenced person may be transferred to an executing state in accordance with a transfer warrant before the expiry of—

(a) the period of 30 days from the date on which the Minister has been notified by the competent authority of the executing state of the decision by that competent authority to recognise the judgment, or

(b) where subsection (2) applies, the period of 10 days from the revised date referred to in that subsection.

(2) Where, due to exceptional circumstances, a transfer does not occur within the period specified in subsection (1)(a), the Minister and the competent authority of the executing state shall agree a revised date which shall be as soon as possible after the cessation of the exceptional circumstances.

24. Transfer of enforcement of sentence

24. (1) The enforcement of a sentence shall, subject to subsection (2), cease to be governed by the law of the State and shall transfer to an executing state—

(a) where the sentenced person is in the State, from the time he or she is delivered into the custody of a person authorised by the competent authority of the executing state to receive the sentenced person under a transfer warrant, and

(b) where the sentenced person is in the executing state, from the date of the decision to recognise the judgment to which the sentence relates.

(2) Where the enforcement of a sentence has transferred to an executing state and the sentenced person escapes from custody and has not been retaken, the enforcement of the sentence shall revert to the State upon receipt by the Minister of notification from the competent authority of that state of such escape.

25. Continuation in effect of original order

25. (1) Without prejudice to section 24 and subject to subsections (2) and (3), the order by virtue of which a sentenced person is required to be detained or otherwise restricted in his or her personal liberty at the time a transfer warrant is issued in respect of him or her (in this Part referred to as the “original order”) shall continue to authorise the detention or restriction concerned at any time after the enforcement of the sentence reverts to the State in accordance with section 24(2).

(2) Where a sentenced person escapes from custody in an executing state while serving a term of imprisonment or detention in the equivalent of a prison or children detention school in the executing state, the currency of the sentence shall be suspended in respect of any period during which the person is unlawfully at large following his or her escape.

(3) Without prejudice to section 26(2), the Minister may, at any time after the removal of a sentenced person from the State where the Minister considers it appropriate in order to give effect to this Part, direct that the original order be varied or cease to have effect.

(4) This section and section 26, apply to an order relating to that part of a sentence which is not transferred to an executing state as a result of the recognition and enforcement by that state of the sentence (to which the judgment relates) in part and to which the Minister has given his or her consent under section 20(1).

(5) Where, before the coming into operation of section 75, a warrant was issued in respect of a person under section 45B of the Act of 2003, a reference in this section to the order by virtue of which he or she is required to be detained at the time a warrant is issued shall include a reference to an order referred to in section 45B of the Act of 2003 prior to such coming into operation.

26. Arrest of sentenced person following escape from custody in executing state

26. (1) Where section 24(2) applies, a member of the Garda Síochána may arrest without warrant a sentenced person whom he or she suspects to be unlawfully at large following an escape referred to in that section.

(2) A sentenced person arrested under subsection (1) shall, as soon as may be after his or her arrest, be brought before an appropriate court and the court, for the purpose of the continued enforcement of the remainder of the sentence, shall, in accordance with subsection (3) or (5), as the case may be, vary the original order.

(3) Where an appropriate court varies an original order under subsection (2), the court shall take account of—

(a) the period spent by the person in custody in the State on foot of the original order,

(b) the period spent by the person in custody or other detention in the executing state in contemplation, or in consequence, of the recognition of the sentence (or part thereof) by the executing state,

(c) subject to subsection (5), the period (if any) of the sentence indicated by an executing state to be deducted from the total length of the sentence—

(i) in respect of an amnesty, pardon, clemency or other such decision granted by the executing state in relation to the sentence, and

(ii) in respect of any other reduction (including a period of remission of sentence) in relation to the part of the sentence which has been served by the person in the executing state,

and

(d) the period spent by the person in custody in the State on foot of an arrest under subsection (1).

(4) A person brought before the court under subsection (2)may be remanded in custody and for that purpose the appropriate court shall have the same powers of remand in relation to any person appearing before it under this section as it would have if the person were brought before it charged with an indictable offence.

(5) Where an appropriate court varies an original order under subsection (2) and there is a term of imprisonment or detention that a sentenced person is required to serve by virtue of the imposition of a sentence on foot of a judgment, part of which is not transferred to an executing state as a result of the recognition and enforcement by that state of the sentence (to which the judgment relates) in part, and to which the Minister has given his or her consent under section 20(1)—

(a) the term of imprisonment or detention which is not transferred shall be reduced by the periods referred to in paragraphs (a), (b) and (d) of subsection (3), and

(b) for the purpose of remission of that part of the sentence which is not transferred—

(i) the period spent by the person in custody or other detention in the executing state in contemplation, or in consequence, of the recognition by the executing state of the transferred sentence shall be treated as a period served by the person in the State, and

(ii) the rules or practice whereby sentenced persons generally may earn remission of sentences by industry or good conduct shall apply in relation to the period referred to in subparagraph (i).

27. Rule of specialty (Part 2)

27. (1) Where a sentenced person is transferred to an executing state under a transfer warrant and the Minister receives a request from the executing state in accordance with subsection (2), the Minister shall apply or cause an application to be made to the appropriate court for the court to give its consent to—

(a) proceedings being brought against the person in the executing state for an offence,

(b) the imposition in the executing state of a penalty, including a penalty consisting of a restriction of the person’s personal liberty, in respect of an offence, or

(c) proceedings being brought against, or the detention of, the person in the executing state for the purpose of executing a sentence in respect of an offence.

(2) A request from an executing state referred to in subsection (1) shall include the following information in the Irish language or the English language—

(a) the name and nationality of the sentenced person to whom it relates,

(b) the name of the judicial authority in the executing state that issued the request, and the address of its principal office,

(d) the offence to which the request relates, including the nature and classification under the law of the executing state of the offence concerned,

(e) that a conviction or sentence is immediately enforceable against the sentenced person, or that a warrant for his or her arrest, or other order of a judicial authority in the executing state having the same effect, has been issued in respect of that offence,

(f) the circumstances in which the offence was committed or is alleged to have been committed, including the time and place of its commission or alleged commission, and the degree of involvement or alleged degree of involvement of the sentenced person in the commission of the offence, and

(g) (i) the penalties to which the sentenced person would, if convicted of the offence, be liable,

(ii) where the sentenced person has been convicted of the offence and a sentence has been imposed in respect thereof, the penalties of which that sentence consists, and

(iii) where the sentenced person has been convicted of the offence specified therein but has not yet been sentenced, the penalties to which he or she is liable in respect of the offence.

(3) The appropriate court shall give its consent under subsection (1) if it is satisfied that—

(a) were the person concerned in the State, and

(b) were there a European arrest warrant (within the meaning of the Act of 2003) issued in respect of the person by the executing state in relation to the offence to which the request relates,

there would be an obligation under the Act of 2003 to make an order directing that the person be surrendered to that state.

(4) A decision by the appropriate court regarding whether to give its consent under subsection (1) shall be taken as soon as practicable and in any event no later than 30 days from the date of receipt of the request in accordance with subsection (2).

(5) In this section—

“judicial authority” has the same meaning as it has in the Act of 2003;

“offence” means, in relation to a sentenced person, an offence (other than an offence in respect of which he or she has been transferred to the executing state to serve the sentence in relation to) under the law of the executing state committed before his or her transfer to that state.

28. Withdrawal of Framework Decision Certificate

28. (1) The Minister may withdraw a Framework Decision Certificate to which a sentence relates at any time before the transfer under section 24(1) of the enforcement of the sentence to the executing state.

(2) The Minister shall, without prejudice to the generality of subsection (1), without delay withdraw a Framework Decision Certificate to which a sentence relates at any time before the transfer under section 24(1) of the enforcement of the sentence to the executing state where—

(a) the Minister does not consent to a request referred to in section 20(1) for the partial recognition and enforcement by that state of a sentence to which the Certificate relates,

(b) the consent of the sentenced person to which the Certificate relates has been withdrawn under section 21,

(d) having regard to the matters referred to in subsection (3), the Minister considers that the withdrawal of the Certificate is in the public interest.

(3) The Minister shall have regard to the following matters when considering whether to withdraw a Framework Decision Certificate—

(a) any information received by the Minister from the competent authority of an executing state regarding the law of the executing state in respect of early or conditional release,

(b) a reasoned opinion provided to the Minister by the executing state in accordance with section 19(2),

(c) any information received by the Minister regarding the adaptation or proposed adaptation of the sentence to which the Certificate relates, and

(d) such other matters as the Minister considers appropriate.

(4) The Minister shall, as soon as practicable after deciding to withdraw a Framework Decision Certificate under this section, give notice in writing of the decision (including reasons for the decision) to the competent authority of the executing state.

(5) Where a Framework Decision Certificate in respect of a sentenced person is withdrawn and the sentenced person is in the State, the Minister shall revoke any transfer warrant in respect of the person.

29. Cessation of enforcement of sentence

29. Where a sentenced person—

(a) is granted a pardon, under Article 13.6 of the Constitution, in respect of an offence consisting of an act or omission that constitutes in whole or in part the offence in respect of which he or she has been transferred to the executing state,

(b) has, by virtue of any Act of the Oireachtas, become immune from prosecution or punishment for an offence consisting of an act or omission that constitutes in whole or in part the offence in respect of which he or she has been transferred to the executing state, or

(c) obtains a declaration under section 2 of the Criminal Procedure Act 1993 that there has been a miscarriage of justice in relation to his or her conviction for the offence in respect of which he or she has been transferred to the executing state,

the Minister shall immediately notify the competent authority of the executing state to which the judgment imposing a sentence in respect of the offence has been forwarded of that fact.

PART 3 State as executing state

30. Interpretation (Part 3)

30. (1) In this Part—

“application”, other than in sections 36(1), 40 and 46, has the meaning assigned to it by section 37(1);

“committal order” means an order under section 43(1) or (2);

“deductible period”, in relation to a sentenced person, means—

(a) the period spent by the person in custody in the State—

(i) on foot of a warrant issued under section 35(1), or

(ii) on foot of a warrant issued under section 42(1)(a) or (b) awaiting the making of an order under section 43(2),

and

(b) the period (if any) of the sentence indicated by an issuing state to be deducted from the total length of the sentence—

(i) in respect of an amnesty, pardon, clemency or other such decision granted by the issuing state in relation to the sentence, and

(ii) in respect of any other reduction (including a period of remission of sentence) in relation to the part of the sentence which has been served by the person in the issuing state;

“forward”, in relation to a judgment, means to forward the judgment in accordance with section 34(1);

“partial recognition and enforcement” has the meaning assigned to it by section 39(1);

“section 34 certificate” has the meaning assigned to it by section 34(5)(a).

(2) Nothing in this Part shall operate to prejudice an application under section 23(1)(a) of the Act of 2019 for the recognition of a judgment (within the meaning of Framework Decision 2008/947/JHA) and, where applicable, the probation decision (within the meaning of Framework Decision 2008/947/JHA) to which the judgment relates under section 24 of that Act.

(3) The granting by the appropriate court of an application for the recognition of a judgment and the making of an order for the enforcement of the sentence to which the judgment relates, the execution of part of which has been conditionally suspended upon its imposition in an issuing state, shall not operate to prejudice the continued enforcement by the issuing state of that part of the sentence that has been conditionally suspended.

(4) Where under section 39(4) the appropriate court (with the consent of the competent authority of the issuing state) treats an application as an application in respect of the enforcement in the State of part of a sentence imposed in an issuing state, a reference in this Part to a sentence shall be treated as reference to that part of the sentence.

31. Corresponding offences

31. For the purposes of this Part, an offence under the law of the issuing state corresponds to an offence under the law of the State where the act or omission constituting the offence under the law of the issuing state would, if committed in the State, constitute an offence under the law of the State.

32. (1) Where a sentenced person is a person other than—

(a) an Irish citizen living in the State, or

(b) an Irish citizen who, upon release from the enforcement of a sentence in an issuing state will be sent to the State in accordance with an order included in, or ancillary to, the judgment,

a judgment in relation to him or her shall not be forwarded unless the competent authority of the issuing state, prior to forwarding the judgment, has obtained the consent of the Minister.

(2) The Minister may give his or her consent under subsection (1) where—

(a) the sentenced person is in the State or the issuing state,

(b) the Minister is satisfied that the enforcement of the sentence in the State would facilitate the sentenced person’s social rehabilitation and successful reintegration into society having regard to the matters referred to in subparagraphs (i), (ii) and (iii)of section 16(2)(c), and

(c) the Minister is of the opinion, having regard to such factors as he or she considers relevant, that it is appropriate that such consent be given.

33. Provision of reasoned opinion to issuing state

33. (1) The Minister may provide a reasoned opinion in respect of a sentenced person, to the competent authority of an issuing state—

(a) where the Minister has been consulted by the issuing state, before a judgment in relation to the person is forwarded, or

(b) where the Minister has not been consulted by the issuing state, after a judgment in relation to the person is forwarded.

(2) Where the Minister is considering providing a reasoned opinion under subsection (1), he or she shall have regard to such opinion (if any) of the sentenced person as the Minister is notified of by the competent authority of the issuing state.

(3) In this section, “reasoned opinion” means a reasoned opinion of the Minister that the enforcement in the State of a sentence imposed in an issuing state would not facilitate the social rehabilitation and successful reintegration of the sentenced person into society.

34. Forwarding of judgment to Minister

34. (1)Subsection (5) applies if the competent authority of an issuing state, subject to section 32(1), forwards to the Minister—

(a) a judgment to which a sentence relates, and

(b) a Framework Decision Certificate in the Irish language or the English language in respect of the judgment referred to in paragraph (a).

(2) The Minister may, on his or her own initiative or at the request by, or on behalf of, a sentenced person, request an issuing state to forward a judgment.

(3) Where the Minister receives a Framework Decision Certificate that—

(a) is incomplete, or

(b) manifestly does not correspond to the judgment to which it relates,

the Minister shall as soon as practicable notify the competent authority of the issuing state of the matter referred to in paragraph (a) or (b), as the case may be, and specify a reasonable period of time within which the competent authority may complete or correct the Framework Decision Certificate.

(4) Where the Minister is of the opinion that the content of a Framework Decision Certificate received by him or her is not sufficient to enable the Minister to make an application in respect of the judgment to which the Certificate relates, he or she shall arrange for the judgment accompanying the Certificate to be translated into the Irish language or the English language.

(5) Where the competent authority of an issuing state forwards a judgment and a Framework Decision Certificate in respect of the judgment and the Minister is satisfied that the requirements of subsections (3) and (4) are satisfied, he or she shall—

(a) certify in writing (in this Part referred to as a “section 34 certificate”) that the judgment and Framework Decision Certificate have been duly forwarded and those requirements have been satisfied,

(b) where the sentenced person is in the State, make all reasonable efforts to notify him or her that the judgment and Framework Decision Certificate have been forwarded, and

(6) section 34 certificate shall, unless the contrary is shown, be evidence in any proceedings of the matters specified therein without further proof.

(7) Where a court or person employed by, or acting for or on behalf of, the public administration of the State receives a judgment and a Framework Decision Certificate in respect of the judgment directly from the competent authority of an issuing state, the court or person, as the case may be, shall—

(a) as soon as practicable send or arrange for the sending of, the judgment and the Framework Decision Certificate to the Minister, and

(b) as soon as practicable so inform the competent authority of the issuing state by any means capable of producing a record in writing.

(8) For the purposes of this Part, the sending of a judgment and Framework Decision Certificate to the Minister under subsection (7)(a) shall be deemed to constitute the forwarding of the documents.

35. Provisional arrest where sentenced person in State

35. (1) The appropriate court may, upon the sworn information of a member of the Garda Síochána not below the rank of inspector given with the consent of the Minister, issue a warrant for the arrest of any sentenced person if it is satisfied that—

(a) the sentenced person is in the State,

(b) a request in writing for the provisional arrest of the sentenced person has been made on behalf of an issuing state,

(i) the receipt by the Minister of the documents referred to in section 34(1), or

(ii) after the receipt by the Minister of the documents referred to in section 34(1) but before a decision by the appropriate court to grant or refuse an application for the recognition of the judgment to which the request relates,

and

(d) the request referred to in paragraph (b) is in accordance with subsection (2)(a) or (b), as the case may be.

(2) The Minister, in considering whether to give his or her consent under subsection (1)—

(a) where paragraph (c)(i) of that subsection applies, shall have regard to—

(i) whether the issuing state intends to forward the documents referred to in section 34(1) without delay, and

(ii) whether the request states—

(I) the name and date of birth of the sentenced person concerned,

(II) where known, the address of the place in the State at which the sentenced person is for the time being residing,

(III) the nature of the offence, the circumstances in which the offence was committed and the time at which, and place where, the offence was committed,

(IV) the nature, duration and date of commencement of the sentence (or, where the sentenced person fled, or otherwise returned, to the State before he or she began serving the sentence, the date on which the sentence should have commenced) in relation to which a judgment has been, or is to be, forwarded, and

(V) where the sentenced person fled, or otherwise returned, to the State after having served part of the sentence but before he or she had completed serving the sentence, the period of the sentence that he or she served,

and

(b) where paragraph (c)(ii) of that subsection applies, shall have regard to the following matters—

(i) whether the request was accompanied by the Framework Decision Certificate that has been forwarded in respect of the sentenced person, and

(ii) where such information is not contained in the Framework Decision Certificate, whether the request contains the information referred to in paragraph (a)(ii).

(3) A warrant issued under subsection (1) may be executed by any member of the Garda Síochána in any part of the State and may be so executed notwithstanding that it is not in the possession of the member when he or she executes the warrant, and the warrant shall be shown to and a copy thereof given to the sentenced person arrested at the time of his or her arrest or, if the warrant is not then in the possession of the member, not later than 24 hours after his or her arrest.

(4) For the purpose of arresting a sentenced person on foot of a warrant issued under subsection (1), a member of the Garda Síochána may enter, if need be by use of reasonable force, and search a place where the member, with reasonable cause, suspects the sentenced person to be.

(5) A person arrested under a warrant issued under subsection (1) shall, as soon as may be after his or her arrest, be brought before the appropriate court and the court shall, unless the section 34 certificate is produced to the court, remand the person in custody or on bail for a period not exceeding 18 days pending the production to it of that certificate.

(6) If a section 34 certificate is not produced in accordance with subsection (5) before the expiration of the period of 18 days from the date on which the person is arrested under a warrant issued under subsection (1), the person concerned shall be released from custody or the terms of his or her bail forthwith.

(7) Where the documents referred to in section 34(1), in relation to a person who has been released in accordance with subsection (6), are forwarded to the Minister, an application may be made to the appropriate court.

(8) Where a warrant authorising the arrest of a sentenced person is issued under this section and a section 34 certificate has been produced to the appropriate court, then in any subsequent proceedings it shall be presumed, unless the contrary is shown, that a judgment in relation to the person has been duly forwarded to the Minister.

36. Power of adjournment and remand

36. (1) The appropriate court may, if it considers it appropriate to do so in the interests of justice, adjourn any proceedings under this Part either on application or of its own motion, and shall, subject to subsection (2), remand the person concerned in custody for the period of the adjournment or such other period as it considers appropriate.

(2) A person arrested under a warrant issued under section 35(1) may be remanded in custody or on bail.

(3) For the purposes of this section, the appropriate court shall have and may exercise the same powers of remand in relation to any person appearing before it under this Part as it would have if the person were brought before it charged with an indictable offence.

37. Application for recognition and enforcement

37. (1) The Minister shall apply, or cause an application to be made, to the appropriate court as soon as practicable after a section 34 certificate is issued, for recognition of the judgment in the State and enforcement of the sentence (in its legal nature and duration) to which the judgment relates (in this Part referred to as an “application”).

(2) An application may be made ex parte save in a case in which a court directs that it is in the interests of justice that it be made on notice to the sentenced person.

(3) The appropriate court shall determine an application in accordance with this Part.

(4) A decision under subsection (1) by an appropriate court regarding whether to grant or refuse an application shall be taken as soon as practicable and, subject to subsectionn (5) and (6), in any event not later than 90 days from the date on which the judgment and Framework Decision Certificate, to which the application relates, were forwarded to the Minister.

(5) The period referred to in subsection (4) shall—

(a) where section 34(3) applies, be extended by a period equivalent to the period taken by the competent authority of an issuing state to complete or correct the Framework Decision Certificate as referred to in a notification under that section,

(b) where section 34(4) applies, be extended by a period equivalent to the period taken by the Minister to obtain a translation of the judgment to which the Framework Decision Certificate relates,

(c) where subsection (2) applies, be extended by a period equivalent to the period for which an application may be adjourned to permit it to be made on notice to a sentenced person,

(d) where section 38(2) applies, be extended by a period equivalent to the period taken by the competent authority of an issuing state to provide the documentation or information referred to in that section, or

(e) where section 40(2) applies, be extended by a period equivalent to the period for which an application may be adjourned to permit it to be made on notice to a sentenced person.

(6) Subsection (4) shall not apply where, for exceptional reasons, it is not practicable for the period of time specified in that subsection to be complied with.

(7) Where an appropriate court makes a decision under subsection (1) to grant an application, the court shall take all such measures as are necessary to enforce the sentence and, in particular, may make an order under section 40(3) or (5) adapting the sentence.

38. Grounds for refusal to recognise and enforce

38. (1) The appropriate court may, subject to section 39(1), refuse to grant an application where—

(a) subject to subsection (2), the sentenced person is not in the issuing state or the State,

(b) subject to subsection (2), the sentenced person has not, as required under the law of the issuing state, given his or her consent to the application or he or she having so consented has withdrawn his or her consent,

(i) the sentenced person is an Irish citizen living in the State,

(ii) the sentenced person is an Irish citizen in the issuing state who will be returned to the State upon release from the enforcement of the sentence to which the judgment relates in accordance with an order included in, or ancillary to, the judgment, or

(iii) the Minister has given his or her consent under section 32(1),

(d) subject to subsection (2), the enforcement of the sentence in the State would be contrary to the principle of ne bis in idem,

(e) subject to subsection (3), the offence in respect of which the sentence is imposed does not correspond to an offence under the law of the State,

(f) the sentenced person, by virtue of any Act of the Oireachtas, is, under the law of the State, immune from prosecution for an offence consisting of an act or omission that constitutes, whether in whole or in part, the offence to which the judgment relates,

(g) the offence under the law of the issuing state to which the judgment relates corresponds to an offence under the law of the State in respect of which a person of the same age as the sentenced person could not be proceeded against by reason of his or her age at the time of the offence,

(h) subject to subsection (5), at the time of the forwarding of the judgment the term of the sentence concerned is F1[less than] 6 months or, where the sentenced person has already served part of the sentence concerned, there is F1[less than] 6 months of the sentence remaining to be served,

(i) subject to subsection (2), according to the Framework Decision Certificate, he or she did not appear in person at the trial resulting in the judgment and sentence in respect of which the Framework Decision Certificate was forwarded, unless the Certificate states that, in accordance with further such procedural requirements as may be required by the law of the issuing state—

(i) the person in due time was summoned in person and thereby informed of the scheduled date and place of the trial which resulted in the decision and was informed that a decision may be handed down if he or she does not appear for the trial,

(ii) the person was not summoned in person but in due time by other means actually received official information of the scheduled date and place of the trial which resulted in the decision, in such a manner that it was unequivocally established that he or she was aware of the scheduled trial, and was informed that a decision may be handed down if he or she does not appear for the trial,

(iii) the person, being aware of the scheduled trial, had given a mandate to a legal representative, who was either appointed by the person concerned or by the issuing state, to defend him or her at the trial, and was indeed defended by that representative at the trial, or

(iv) the person was served with the decision and was expressly informed about the right to a retrial or appeal, in which he or she has the right to participate and which allows the merits of the case, including fresh evidence, to be re-examined, and which may lead to the original decision being reversed, and the person—

(I) expressly stated that he or she does not contest this decision, or

(II) did not request a retrial or appeal within the applicable time frame,

(j) section 39(1) applies and the competent authority of the issuing state has refused to provide its consent to a proposed partial recognition and enforcement,

(k) subject to subsection (2), the judgment provides for medical or therapeutic treatment which, notwithstanding section 40, it would be impossible or impracticable for the State to provide or supervise,

(l) subject to subsection (2), if, in exceptional circumstances and having regard to the specific circumstances and whether a major or essential part of the offence to which the judgment relates was committed in the issuing state, the judgment relates to an offence the major or essential part of which under the law of the State is regarded as having been committed wholly or for a major or essential part within the State,

(m) the competent authority of the issuing state has refused, in response to a request issued under section 47(3), to provide its consent under that section, or

(n) there are reasonable grounds for believing that—

(i) the sentence was imposed on the sentenced person for the purposes of punishing him or her on the grounds of his or her sex, race, religion, ethnic origin, nationality, language, political opinion or sexual orientation, or

(ii) such recognition may prejudice the sentenced person’s position for any of the reasons referred to in subparagraph (i).

(2) Where paragraph (a), (b), (c), (d), (i), (k) or (l) of subsection (1) applies, the appropriate court may, before refusing to grant an application, request the competent authority of the issuing state to provide such additional documentation or information (if any) as the appropriate court may specify and the Minister shall notify the competent authority concerned of any such request.

(3) The appropriate court shall not refuse to grant an application in relation to a revenue offence, on the ground that—

(a) no tax or duty of the kind to which the offence relates is imposed in the State, or

(b) the rules relating to taxes, duties, customs or exchange control that apply in the issuing state differ in nature from the rules that apply in the State to taxes, duties, customs or exchange control.

(4) The appropriate court shall not refuse to grant an application where the court is satisfied that no injustice would be caused to the sentenced person even if—

(a) there is a defect, or an omission of a non-substantial detail, in the Framework Decision Certificate or any accompanying document grounding the application,

(b) there is a variance between any such document and such evidence as may be adduced so long as the court is satisfied that the variance is explained by the evidence, or

(c) there has been a technical failure to comply with a provision of this Act, so long as the court is satisfied that the failure does not impinge on the merits of the application.

(5) In deciding whether to refuse to grant an application in relation to a sentenced person to whom subsection (1)(h) applies, the appropriate court shall consider whether exceptional circumstances exist that warrant the person serving the sentence or remainder of the sentence, as the case may be, in the State.

(6) In this section, “revenue offence” means an offence in connection with taxes, duties, customs or exchange control.

39. Partial recognition and enforcement

39. (1) Before refusing to grant an application for the recognition of a judgment in the State and enforcement of the sentence in whole, the appropriate court shall, subject to subsection (2), consider recognition of the judgment and enforcement of the sentence in part (in this Part referred to as “partial recognition and enforcement”).

(2) The appropriate court may not recognise a judgment and enforce a sentence in part where to do so aggravates the duration of the sentence to which the judgment relates.

(3) Where the appropriate court is considering partial recognition and enforcement, the Minister shall obtain the views of the competent authority of the issuing state in relation to the proposed partial recognition and enforcement.

(4) Where the competent authority of an issuing state consents to a proposed partial recognition and enforcement, the appropriate court may treat an application as an application in relation to the recognition in the State of part of the judgment to which the consent relates and where it does so treat of an application the court shall—

(a) take all such measures as are necessary for the enforcement of the sentence, including making an order under section 40(3) or (5) adapting the sentence, and

(b) issue a warrant under section 42(1)(a) or (b) and a committal order for the purpose of enforcement in the State of the part of the sentence imposed in the issuing state to which the consent relates.

40. Adaptation

40. (1) An appropriate court, on the application by or on behalf of the Minister (whether as part of an application under section 37(1) or at any other time) or of its own motion, may make an order under subsection (3) or (5)or both adapting a sentence.

(2) An application under subsection (1) may be made ex parte other than where—

(a) the sentenced person is in the State, or

(b) the appropriate court directs that it is in the interests of justice that it be made on notice to the sentenced person.

(3) Where the sentence imposed in the issuing state is by its legal nature incompatible with the law of the State, the appropriate court may make an order adapting the legal nature of the sentence to that of a sentence prescribed by the law of the State for an offence similar to the offence for which the sentence was imposed.

(4) The legal nature of a sentence adapted under subsection (3) shall, as far as practicable, correspond to the legal nature of the sentence concerned imposed in the issuing state and shall not, in any event, either—

(a) aggravate it, or

(b) exceed the maximum penalty prescribed by the law of the State for a similar offence.

(5) Where the sentence imposed in the issuing state is by its duration incompatible with the law of the State, the appropriate court may make an order adapting the duration of the sentence to that of a sentence prescribed by the law of the State for an offence similar to the offence for which the sentence was imposed.

(6) The duration of a sentence adapted under subsection (5) shall, as far as practicable, correspond to the duration of the sentence imposed in the issuing state and shall not, in any event, either—

(a) aggravate it, or

(b) exceed the maximum penalty prescribed by the law of the State for a similar offence.

(7) The enforcement of a sentence that is by its legal nature or duration incompatible with the law of the State shall not be deemed to be unlawful by reason only of the sentence not having been adapted by way of an order under subsection (3) or (5).

(8) A sentenced person may continue to be detained or otherwise restricted in his or her personal liberty pursuant to a warrant issued under section 35(1), 42(1)(a) or(b) or a committal order notwithstanding that an application is made under subsection (1) for an order under subsection (3) or (5) adapting his or her sentence.

(9) A sentence shall not be taken by its legal nature to be incompatible with the law of the State by reason only of—

(a) the duration of the sentence imposed in an issuing state,

(b) any provisions of law of the issuing state in respect of early or conditional release which applied to the sentence prior to the transfer of its enforcement to the State,

(c) any provisions of law of the issuing state, other than the provisions referred to in paragraph (b), under which the sentenced person would be entitled to be released from custody, whether under licence or otherwise, at a specified time having served a portion of the sentence,

(d) in the case of a sentence of imprisonment for life—

(i) any restriction for the whole term of the sentence regarding the eligibility of the sentenced person to early or conditional release (including parole), or

(ii) any condition that means that the eligibility of the sentenced person to early or conditional release (including parole) was conditional on his or her having served a specified term of imprisonment as a result of—

(I) a decision or order by the court or tribunal that imposed the sentence,

(II) the operation of law of the issuing state, or

(III) a decision of a body in the issuing state, other than a body referred to in clause (I), on whom a power to make such a decision has been conferred by law,

(e) its imposition in the issuing state in respect of more than one offence.

(10) In this section, “incompatible with the law of the State” means—

(a) in so far as it applies to the legal nature of a sentence imposed in an issuing state, a sentence that, subject to subsection (9), consists of a punishment or measure that is different in nature from the punishment or measure which could be imposed on the sentenced person if he or she were—

(i) convicted in the State of an offence corresponding to the offence of which he or she was convicted in the issuing state, or

(ii) the subject of a special verdict under section 5 of the Act of 2006,

and

(b) in so far as it applies to the duration of a sentence imposed in an issuing state, a sentence that is greater than the maximum term of imprisonment or other detention to which the sentenced person would be liable if he or she were convicted in the State of an offence corresponding to the offence of which he or she was convicted in the issuing state.

41. Enforcement of sentence in respect of fewer offences

41. Where a sentence to be enforced in the State is in respect of fewer offences than that for which it was imposed in an issuing state—

(a) by virtue of the partial recognition and enforcement of the sentence, or

(b) by virtue of the adaptation of the sentence by an order under section 40(3) or (5),

the partial recognition and enforcement or adaptation, as the case may be, shall not be deemed to constitute an aggravation of the nature or duration of the sentence.

42. Warrant on foot of recognition

42. (1) Where an appropriate court grants an application, the court shall—

(a) in the case of a sentenced person in the State, other than a person to whom section 43(1) applies, issue a warrant for the purpose of enforcement of the sentence authorising—

(i) where the person is not in custody, the arrest of the person, and

(ii) the taking of the person to, and his or her detention in, a place of detention to await the order of the appropriate court under section 43(2),

and

(b) in the case of a sentenced person in the issuing state, issue a warrant for the purpose of enforcement of the sentence authorising—

(i) the bringing of the person into the State from a place outside the State, and

(ii) the taking of the person to, and his or her detention in, a place of detention to await the order of the appropriate court under section 43(2).

(2) A warrant authorising the arrest of a person issued under subsection (1)(a) may be executed by any member of the Garda Síochána in any part of the State and may be so executed notwithstanding that it is not in the possession of the member when he or she executes the warrant, and the warrant shall be shown to and a copy thereof given to the person arrested at the time of his or her arrest or, if the warrant is not then in the possession of the member, not later than 24 hours after his or her arrest.

(3) For the purpose of arresting a sentenced person on foot of a warrant issued under subsection (1)(a), a member of the Garda Síochána may enter, if need be by use of reasonable force, and search a place where the member, with reasonable cause, suspects the sentenced person to be.

(4) Where a person has been arrested under a warrant issued under subsection (1)(a), then in any subsequent proceedings it shall be presumed, unless the contrary is shown, that a judgment has been duly forwarded to the Minister.

43. Committal order

43. (1) Upon the grant by an appropriate court of an application in respect of a sentenced person in the State—

(a) brought before the court under subsection (5) of section 35 at the same time as the section 34 certificate is produced in accordance with that subsection,

(b) before the court, by reason of having been remanded under section 36, at the same time as, or at any time after, the section 34 certificate is produced in accordance with section 35(5), or

the court shall make an order for the purpose of enforcement of the sentence committing the sentenced person to a place of detention.

(2) The appropriate court shall, on application by or on behalf of the Minister, in respect of a sentenced person who is—

(a) arrested under a warrant issued under section 42(1)(a), or

(b) brought into the State under a warrant issued under section 42(1)(b),

make an order for the purpose of enforcement of the sentence, not later than 21 days after the sentenced person is arrested or brought into the State, as the case may be, committing the sentenced person to a place of detention.

(3) An application under subsection (2) shall—

(a) be brought by the Minister after a sentenced person is arrested under warrant issued under section 42(1)(a), or brought into the State under a warrant issued under section 42(1)(b), as the case may be, and

(b) be made on notice to the sentenced person.

(4) Where, for any reason, the appropriate court is unable to make an order under subsection (2) within the period referred to in that subsection, the period may be extended by such reasonable period as may be required by the court for that purpose.

(5) A sentenced person may continue to be detained or otherwise restricted in his or her personal liberty pursuant to a warrant issued under section 42(1)(a) or (b), as the case may be, notwithstanding that the period referred to in subsection (2) is extended under subsection (4).

(6) The period for which a sentenced person may be committed to a place of detention in a committal order shall, subject to subsection (7), be a period equal to—

(a) in the case of a person who served part of the sentence concerned (including where the sentence is adapted in accordance with section 40(3) or (5) or both), the period of the sentence less—

(i) the period of the sentence actually served by the person in the issuing state, and

(ii) the deductible period,

(b) in the case of any other person, the period of the sentence (including where the sentence is adapted in accordance with section 40(3) or (5) or both) less the deductible period.

(7) In determining the period for which a sentenced person may be committed to a place of detention in a committal order—

(a) the appropriate court shall not have regard to the provisions of law of the issuing state under which the sentenced person is entitled to early or conditional release, and

(b) where by operation of law of the issuing state the sentenced person would be entitled, other than in accordance with paragraph (a), to be released from custody, whether under licence or otherwise, at a specified time having served a specified portion of the sentence—

(i) the appropriate court shall treat such release as a measure relating to the administration of the sentence, and

(ii) the sentence shall be treated as a sentence to be spent in custody or other detention for the full period.

(8) Where a committal order is made in respect of a sentenced person who has been sentenced to a term of imprisonment for life in an issuing state, the order shall specify that the person is to be committed for imprisonment for life irrespective of whether his or her eligibility for early or conditional release (including parole) in the issuing state was—

(a) restricted for the whole term of the sentence, or

(b) conditional on his or her having served a specified term of imprisonment as a result of—

(i) a decision or order by the court or tribunal that imposed the sentence,

(ii) the operation of law of the issuing state, or

(iii) a decision of a body in the issuing state, other than a body referred to in subparagraph (i), on whom a power to make such a decision has been conferred by law.

(9) Notwithstanding subsection (6), the period for which a sentenced person may be committed to a place of detention in a committal order may exceed the period for which he or she could lawfully have been detained or otherwise had his or her personal liberty restricted in custody in the issuing state.

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.

45. Operation of warrants and orders

45. Where a warrant under section 35(1), 42(1)(a) or (b) is issued or a committal order is made in respect of a sentenced person, the following provisions shall have effect:

(a) the sentenced person shall be deemed to be in legal custody at any time when he or she is being taken under the warrant or order to or from any place or being kept in custody under the warrant or order and, if the person escapes, he or she shall be liable to be retaken in the same manner as any person who escapes from lawful custody;

(b) the Minister may designate any person as a person who is for the time being authorised to take the sentenced person concerned to or from any place under the warrant or order or to keep the person in custody under the warrant or order;

(c) a person designated pursuant to paragraph (b) to take the sentenced person to or from any place or to keep him or her in custody shall, while so taking or keeping the sentenced person, have all the powers, authority, protection and privileges of a member of the Garda Síochána.

46. Revocation and variation of warrants and orders

46. (1) The Minister may at any time (including as part of an application under section 40) apply to the appropriate court for an order revoking, or varying the terms of, a warrant issued under section 35(1), 42(1)(a) or (b) or a committal order.

(2) A sentenced person may in writing request the Minister to bring an application under subsection (1) and the Minister shall bring the application unless, having regard to all the circumstances, he or she is satisfied that it is not necessary.

(3) The appropriate court may, upon an application under subsection (1), make an order revoking or varying the terms of a warrant or order referred to in that subsection if the court is satisfied that the revocation or variation is necessary for the purposes of the Framework Decision and this Act.

47. Rule of specialty (Part 3)

47. (1) This section applies to a sentenced person who has been transferred to the State under this Part.

(2) A person to whom this section applies shall not be proceeded against, sentenced or detained for the purpose of enforcing a sentence (other than the sentence for which he or she was transferred), or otherwise restricted in his or her personal liberty in respect of an offence except in the following cases—

(a) where a period of at least 45 days has expired from the date of his or her final discharge in respect of the sentence for which he or she was transferred and during such period being free to leave the State—

(i) he or she remains in the State, or

(ii) he or she, having left the State, returns thereto (whether during that period or later),

(b) where upon conviction in respect of the offence concerned he or she is not liable to a term of imprisonment or detention or a penalty consisting of a restriction in his or her personal liberty,

(c) where upon conviction in respect of the offence concerned he or she is liable to a penalty (other than a penalty referred to in paragraph (b)), including a financial penalty, notwithstanding that where he or she fails or refuses to pay the penalty concerned (or, in the case of a penalty that is not a financial penalty, fails or refuses to submit to any measure to comply with any requirements of which the penalty consists) he or she may be liable to a term of imprisonment or detention or a penalty consisting of a restriction in his or her personal liberty,

(d) where he or she consented to the transfer,

(e) where after the transfer he or she voluntarily and before the appropriate court gives his or her consent to being so proceeded against, to such a penalty being imposed, or being so detained or restricted in his or her personal liberty, and is fully aware of the consequences of so doing and he or she obtained or was afforded the opportunity of obtaining, or being provided with, professional legal advice in relation to the matters to which this section relates before he or she gives that consent, or

(f) with the consent of the competent authority of the issuing state, in response to a request.

(3) The appropriate court may, upon an application made by or on behalf of the Director of Public Prosecutions, where the court is satisfied that—

(a) a domestic warrant has been issued for the arrest of the person but has not been executed, and

(b) a term of imprisonment or detention has been imposed on the person in respect of the offence concerned and the person is required to serve all or part of that term of imprisonment or detention, or, as the case may be, the person would, if convicted of the offence concerned, be liable to a term of imprisonment or detention,

issue a request, in accordance with subsection (4), in respect of a sentenced person who has been transferred to the State, for the consent of the competent authority of the issuing state to—

(i) the bringing of proceedings against the person in the State in respect of the offence to which the warrant relates,

(ii) the enforcement of a sentence or order of detention in respect of the offence to which the warrant relates, or

(iii) the imposition in the State of the term of imprisonment or detention, as the case may be, in respect of the offence to which the warrant relates.

(4) A request shall specify—

(a) the name and nationality of the sentenced person to whom it relates,

(b) the name, address, fax number (if any) and email address of the relevant court office that issued the domestic warrant to which the request relates,

(d) that a conviction or sentence is immediately enforceable against the sentenced person, or that a warrant for his or her arrest has been issued in respect of that offence,

(e) the circumstances in which the offence was committed or is alleged to have been committed, including the time and place of its commission or alleged commission, and the degree of involvement or alleged degree of involvement of the sentenced person in the commission of the offence, and

(f) (i) the penalties to which the sentenced person would, if convicted of the offence be liable,

(ii) where the sentenced person has been convicted of the offence and a sentence has been imposed in respect thereof, the penalties of which that sentence consists, and

(iii) where the sentenced person has been convicted of the offence specified therein but has not yet been sentenced, the penalties to which he or she is liable in respect of the offence.

(5) The Minister shall—

(a) forward a request to the competent authority of the issuing state, and

(b) provide the competent authority of the issuing state to which a request is forwarded with a translation of the request in a relevant language of the issuing state.

(6) In this section—

“domestic warrant” means a warrant (other than a warrant issued under section 35(1) or section 42(1)) issued for the arrest of a person by a court in the State;

“offence” means, in relation to a sentenced person, an offence (other than an offence in respect of which he or she has been transferred to the State to serve the sentence in relation to) under the law of the State committed before his or her transfer to the State;

“relevant court office”, in respect of a domestic warrant, means—

(a) where the domestic warrant was issued by the District Court, the District Court Office for the district in which the court was sitting when it issued the warrant,

(b) where the domestic warrant was issued by the Circuit Court, the Circuit Court Office of the county in which the court was sitting when it issued the warrant,

(d) where the domestic warrant was issued by the Special Criminal Court, the Registrar of that court;

“request” means a request issued by the appropriate court under subsection (3).

48. Transfer to State of enforcement of sentence

48. (1) Subject to subsection (2), the enforcement of a sentence shall be governed by the law of the State—

(a) where the sentenced person is in the State and he or she is a person to whom section 43(1) applies, from the date of the making of an order under that section,

(b) where the sentenced person is a person in respect of whom a warrant under section 42(1)(a) has been issued, from the date of the issuing of the warrant, and

(c) where the sentenced person is in the issuing state, from the time he or she is delivered into the custody of a person authorised by the Minister to receive the sentenced person under a warrant issued under section 42(1)(b).

(2) Where a sentenced person escapes from custody and has not been retaken, the enforcement of the sentence shall revert to the issuing state upon receipt by the competent authority of an issuing state of notification by the Minister under paragraph (j) of section 50.

49. Cessation of enforcement of sentence by State

49. (1) The enforcement of a sentence in the State shall cease where—

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