CRIMINAL JUSTICE (MUTUAL RECOGNITION OF CUSTODIAL SENTENCES) ACT 2023

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

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

‘committal order’ has the meaning assigned to it by section 10(1);

‘deductible period’, in relation to a sentenced person, means—

• (a) the period spent by the person in custody in the State on foot of a warrant issued under section 8 or 9 awaiting the making of a committal order, and

• (b) the period (if any) of the sentence indicated by a sentencing country 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 sentencing country 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 that country;

  ‘designated centre’ has the same meaning as it has in section 1 of the Act of 2006;

  ‘place of detention’ means—

• (a) a prison,

• (b) a designated centre, or

• (c) a children detention school;

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

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

• (b) specified under section 3 of the Prisons Act 1972;”.

65. Amendment of section 7 of Act of 2005

65. Section 7 of the Act of 2005 is amended by the insertion of the following subsection after subsection (2):

• “(2A) For the purposes of subsection (2)(d) and section 8(2)(b)(iv), where the sentence imposed in a sentencing country is in relation to more than one offence, the requirement set out in those provisions shall be deemed to be satisfied where any one or more of the offences for which the sentence was imposed corresponds to an offence under the law of the State.”.

66. Amendment of section 8 of Act of 2005

66. Section 8 of the Act of 2005 is amended—

• (a) in subsection (1), by the insertion of “the continued enforcement of the sentence (in its legal nature and duration) and” after “High Court for”,

• (b) in subsection (2), by the insertion of “for the purpose of the enforcement of the sentence” after “concerned”, and

• (c) by the insertion of the following subsection after subsection (2):

• “(2A) Where the High Court issues a warrant under subsection (2), the court shall take all such measures as are necessary to enforce the sentence and, in particular, may make an order under section 10B(3) or (5) or both adapting the sentence.”.

67. Identification procedures for purpose under Act

67. The Act of 2005 is amended by the insertion of the following section after section 9:

“9A. (1) Where a member of the Garda Síochána arrests a person under any power conferred by this Act, the member of the Garda Síochána may, in order to assist in verifying or ascertaining the identity of the person for any purpose under this Act—

• (a) take, or cause to be taken, his or her fingerprint,

• (b) take, or cause to be taken, his or her palm print, and

• (c) photograph him or her or cause him or her to be photographed.

• (2) Where a fingerprint, palm print or photograph taken pursuant to subsection (1) is lost or damaged, or is otherwise unsuitable for use for the purpose referred to in that subsection, it may be taken on a second or any further occasion.

• (3) The powers conferred by subsection (1) shall not be exercised except on the authority of a member of the Garda Síochána not below the rank of inspector.

• (4) A member of the Garda Síochána may, where a person fails or refuses to allow his or her fingerprint, palm print or photograph to be taken pursuant to subsection (1), use such force as he or she reasonably considers necessary to take the fingerprint, palm print or photograph or to cause the photograph to be taken.

• (5) The powers conferred by subsection (4) shall not be exercised except where authorised by a member of the Garda Síochána not below the rank of superintendent.

• (6) An authorisation pursuant to subsection (5) may be given orally or in writing and if given orally shall be confirmed in writing as soon as practicable.

• (7) Where a member of the Garda Síochána intends to exercise a power conferred by subsection (4), he or she shall inform the person who fails or refuses to allow his or her fingerprint, palm print or photograph to be taken pursuant to subsection (1)—

  • (a) of that intention, and

  • (b) that an authorisation to do so has been given pursuant to subsection (5).

• (8) A fingerprint, palm print or photograph taken pursuant to subsection (4) shall be taken in the presence of a member of the Garda Síochána not below the rank of inspector.

• (9) The taking of a fingerprint, palm print or photograph pursuant to subsection (4) shall be recorded by electronic or similar means.

• (10) A fingerprint, palm print or photograph of a person taken in pursuance of a power conferred by this section and every copy and record thereof shall be destroyed on the later of—

  • (a) the expiration of the period of 12 months from the date of the taking of the fingerprint, palm print or photograph, as the case may be, or

  • (b) the expiry of the sentence of imprisonment imposed on the person to which a request under section 6 or 7 relates.

• (11) A person who obstructs a member of the Garda Síochána in exercise of the powers under this section shall be guilty of an offence and shall, on summary conviction, be liable to a class A fine or to imprisonment for a term not exceeding 12 months or both.

• (12) Where a fingerprint, palm print or photograph of a person in respect of whom a request under section 7 has been received is transmitted by or on behalf of a sentencing country, such fingerprint, palm print or photograph shall, unless the contrary is proved, be received in evidence without further proof.”.

68. Amendment of section 10 of Act of 2005

68. Section 10 of the Act of 2005 is amended—

• (a) in subsection (1)—

• (i) by the substitution of “order (in this Act referred to as a ‘committal order’) for the purpose of enforcement of the sentence, committing the person to a place of detention” for “order committing the person to a prison”, and

• (ii) by the substitution of “a period, subject to subsection (3), equal” for “a period equal”,

• (b) in subsection (2), by the substitution of “a committal order” for “an order under subsection (1)”,

• (c) by the substitution of the following subsection for subsection (3):

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

  • (a) the High Court shall not have regard to the provisions of law of the sentencing country under which the sentenced person is entitled to early or conditional release, and

  • (b) where by operation of law of the sentencing country 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 High 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.”,

• (d) by the substitution of the following subsection for subsection (4):

• “(4) Where a committal order is made in respect of a sentenced person who has been sentenced to a term of imprisonment for life in a sentencing country, 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 sentencing country 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 sentencing country, or

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

• (e) by the substitution of the following subsection for subsection (5):

• “(5) Notwithstanding subsection (1), 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 sentencing country.”,

• (f) in subsection (6)(a)—

• (i) by the substitution of “committal order” for “an order under subsection (1)”, and

• (ii) by the substitution of “the place of detention” for “prison”,

and

• (g) by the repeal of subsection (7).

69. Effect of committal order and related matters

69. The Act of 2005 is amended by the insertion of the following sections after section 10:

“Effect of committal order

10A. (1) Subject to subsections (3) and (4) and section 10B, the effect of a committal order shall be to authorise the continued enforcement by the State of a sentence (in its legal nature and duration) imposed in a sentencing country 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—

  • (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 Criminal Justice Act 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 8 or 9 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 8 or 9 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 sentencing country.

• (4) The Criminal Procedure Act 1993 shall not apply to a person in respect of whom a warrant is issued under section 8 or 9 or a committal order is made in so far as the conviction or sentence imposed in the sentencing country is concerned.

Adaptation

10B. (1) The High Court may, on the application by or on behalf of the Minister (whether as part of an application under section 8(1) or at any other time) or of its own motion, make an order under subsection (3) or (5) or both adapting a sentence.

• (2) An application under subsection (1) shall be made on notice to the sentenced person.

• (3) Where the sentence imposed in the sentencing country is by its legal nature incompatible with the law of the State, the High 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 sentencing country 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 sentencing country is by its duration incompatible with the law of the State, the High 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 sentencing 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) or both.

• (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 8 or 9 or a committal order notwithstanding that an application is made under subsection (1) for an order under subsection (3) or (5) or both 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 a sentencing country,

  • (b) any provisions of law of the sentencing country 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 sentencing country, 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 sentencing country, or

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

      or

  • (e) its imposition in the sentencing country 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 a sentencing country, 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 sentencing country, 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 a sentencing country, 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 sentencing country.

  Transfer to State of enforcement of sentence

  10C. (1) Subject to subsection (2), the enforcement of a sentence shall, where the sentenced person is in the State and he or she is a person to whom section 10(1) applies, be governed by the law of the State, from the date of the making of an order under that section.

• (2) Where a sentenced person escapes from custody or other detention and has not been retaken, the enforcement of the sentence shall revert to the sentencing country upon receipt by the sentencing country of notification by the Minister of the escape.

Termination of enforcement

10D. (1) The enforcement of a sentence in the State shall cease where the Minister is notified by the sentencing country of any decision or measure, other than a decision or measure in respect of remission, as a result of which the sentence ceased to be enforceable in that country immediately or from such date as is contained in the notification.

• (2) The Minister shall, on receipt of a notification under subsection (1), immediately inform the following persons of the decision or measure referred to in the notification:

  • (a) where the sentenced person is in a prison, the governor of the prison;

  • (b) where the sentenced person is in a designated centre, the clinical director of the designated centre;

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

• (3) Subject to subsection (4), a sentenced person to whom a notification referred to in subsection (1) relates shall, upon the governor of the prison, the clinical director of the designated centre or the Director of the children detention school (as the case may be) being informed under subsection (2) that the notification has been received, be released from custody or other detention forthwith or on such later date as may be specified in the notification.

• (4) Subsection (3) shall not apply where—

  • (a) (i) the person has been sentenced to a term of imprisonment for an offence of which he or she was convicted in the State,

    • (ii) on the date on which he or she would, but for this paragraph, be entitled to be released under subsection (3), all or part of the term of imprisonment remains unexpired, and

    • (iii) the person is required to serve all or part of the remainder of that term of imprisonment,

    or

  • (b) (i) the person has been charged with, or convicted of, an offence in the State, and

    • (ii) on the date on which he or she would, but for this paragraph, be entitled to be released under subsection (3), he or she is required to be in custody, by virtue of having been remanded in custody pending his or her being tried, or the imposition of sentence, as the case may be, in respect of that offence.

• (5) In this section, ‘governor’, in respect of a prison, means—

  • (a) the governor of the prison, or

  • (b) a person who is for the time being performing the functions of governor of the prison.

  Revocation and variation of warrants and orders

  10E. (1) The Minister may at any time (including as part of an application under section 10B) apply to the High Court for an order revoking, or varying the terms of a warrant under section 8 or 9 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 High 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 this Act and the Convention on the Transfer of Sentenced Persons done at Strasbourg on 18 December 1997.”.

70. Repeal of section 11 of Act of 2005

70. Section 11 of the Act of 2005 is repealed.

71. Amendment of section 12 of Act of 2005

71. Section 12 of the Act of 2005 is amended by the substitution of “a committal order” for “an order under subsection (1) of section 10”.

PART 7 Miscellaneous

72. Identification procedures

72. (1) Where a member of the Garda Síochána arrests a person under any power conferred by this Act, the member of the Garda Síochána may, in order to assist in verifying or ascertaining the identity of the person for any purpose under this Act and for no other purpose—

• (a) take, or cause to be taken, his or her fingerprint,

• (b) take, or cause to be taken, his or her palm print, and

• (c) photograph him or her or cause him or her to be photographed.

• (2) Where a fingerprint, palm print or photograph taken pursuant to subsection (1) is lost or damaged, or is otherwise unsuitable for use for the purpose referred to in that subsection, it may be taken on a second or any further occasion.

• (3) The powers conferred by subsection (1) shall not be exercised except on the authority of a member of the Garda Síochána not below the rank of inspector.

• (4) A member of the Garda Síochána may, where a person fails or refuses to allow his or her fingerprint, palm print or photograph to be taken pursuant to subsection (1), use such force as he or she reasonably considers necessary to take the fingerprint, palm print or photograph or to cause the photograph to be taken.

• (5) The powers conferred by subsection (4) shall not be exercised except on the authority of a member of the Garda Síochána not below the rank of superintendent.

• (6) An authorisation pursuant to subsection (5) may be given orally or in writing and if given orally shall be confirmed in writing as soon as practicable.

• (7) Where a member of the Garda Síochána intends to exercise a power conferred by subsection (4), he or she shall inform the person—

• (a) of that intention, and

• (b) that an authorisation to do so has been given pursuant to subsection (5).

• (8) Every fingerprint, palm print or photograph taken pursuant to subsection (4) shall be taken in the presence of a member of the Garda Síochána not below the rank of inspector.

• (9) The taking of every fingerprint, palm print or photograph pursuant to subsection (4) shall be recorded by electronic or similar means.

• (10) Every fingerprint, palm print or photograph of a person taken in pursuance of a power conferred by this section and every copy and record thereof shall be destroyed within the period of 12 months from the date of the taking of the fingerprint, palm print or photograph, as the case may be, or on the expiry of the sentence of imprisonment imposed on the person to which an application (within the meaning of Part 2 or 3 applies) relates, whichever occurs later.

• (11) A person who obstructs a member of the Garda Síochána in exercise of the powers under this section shall be guilty of an offence and shall, on summary conviction, be liable to a class A fine or to imprisonment for a term not exceeding 12 months or to both.

• (12) Where a fingerprint, palm print or photograph of a person to whom a warrant issued under section 22(1), 35(1) or 42(1) relates is transmitted by or on behalf of a competent authority of an issuing state or executing state, such fingerprint, palm print or photograph shall be received in evidence without further proof.

73. Transit

73. (1) Transit through the State of a sentenced person (in this section referred to as a “transferee”) being transferred from an issuing state to an executing state shall be permitted where the Minister receives a request in that behalf from the issuing state and where the issuing state provides the Minister with the following:

• (a) a certified copy of the Framework Decision Certificate in respect of the request concerned;

• (b) upon request of the Minister, a translation of the Certificate referred to in paragraph (a) in the English language.

• (2) The Minister may require an issuing state that has made a request under subsection (1) to provide such information in respect of the circumstances of the transit or transfer of the person concerned as the Minister considers to be necessary or expedient.

• (3) Where, at the time of receipt of a request under this section, there is in the State a warrant for the arrest of, or a prosecution pending against, the transferee in respect of a criminal offence committed or a sentence imposed before the departure of the transferee from the issuing state which may result in him or her being detained or otherwise restricted in his or her personal liberty while in the State, the Minister shall notify the issuing state of the warrant or the prosecution, as the case may be.

• (4) The Minister shall, within 1 week of receipt of a request in accordance with subsection (1), grant permission under that subsection.

• (5) The Minister may arrange for the supervision of the transit of a transferee through the State by members of the Garda Síochána and the transferee shall be deemed to be in the custody of any member of the Garda Síochána accompanying him or her pursuant to such arrangement.

• (6)
• (a) This subsection applies to an aircraft that has taken off from a place (other than the State) and that is scheduled to land in a place (other than the State) and on board which there is a transferee.

• (b) Where an aircraft to which this subsection applies lands (for whatever reason) in the State, the issuing state shall, upon its landing or within 72 hours of such landing, provide the Minister with the documentation referred to in subsection (1).

• (c) While an aircraft to which this subsection applies is in the State, a transferee who is on board that aircraft shall be deemed to be in transit through the State and subsection (5) shall apply accordingly.

• (7) Where a sentenced person is being transferred to an executing state in accordance with section 23 and the transfer involves the transit through the territory of a Member State (in this section referred to as a “specified Member State”) other than the executing State, the Minister shall request the specified Member State to permit the transit and provide that Member State with the following:

• (a) a certified copy of the Framework Decision Certificate in respect of the request concerned;

• (b) upon request of the specified Member State, a translation of the Certificate referred to in paragraph (a) in a relevant language.

• (8) The Minister may withdraw a request under subsection (7) where the specified Member State has notified the Minister that there is in the specified Member State a warrant for the arrest of, or a prosecution pending against, the sentenced person in respect of a criminal offence committed or a sentence imposed before the departure of the person from the State which may result in him or her being detained or otherwise restricted in his or her personal liberty while in the specified Member State.

74. Amendment of section 151 of Children Act 2001

74. Section 151(4) of the Children Act 2001 is amended by the substitution of “or 3, or conditional release under section 2A,” for “or 3”.

75. Amendment of Act of 2003

75. The Act of 2003 is amended by the substitution of the following section for section 45B:

“45B. (1) Where a national or resident of another state from which he or she is surrendered—

• (a) is surrendered to the State pursuant to a Trade and Cooperation Agreement arrest warrant or an arrest warrant within the meaning of the EU-Iceland Norway Agreement with a view to being prosecuted in the State, and

• (b) whose surrender is subject to the condition that he or she, after being so prosecuted, is returned to that other state in order to serve any custodial sentence or detention order imposed upon him or her in the State,

the Minister shall, following the final determination of the proceedings and if the person consents, issue a warrant under section 5 of that Act for the transfer of the person from the State to that state in order to serve there any custodial sentence or detention order so imposed.

• (2) Where a national or resident of another state from which he or she is surrendered—

  • (a) is surrendered to the State pursuant to a European arrest warrant with a view to being prosecuted in the State, and

  • (b) whose surrender is subject to the condition that he or she, after being so prosecuted, is returned to that other state in order to serve any sentence (within the meaning of the Act of 2023) imposed upon him or her in the State,

  the Minister shall, following the final determination of the proceedings, forward the judgment in the proceedings together with a copy of a Framework Decision Certificate (within the meaning of the Act of 2023) to that other state in order for the person to serve there any sentence so imposed.

• (3) For the purposes of subsection (1)—

  • (a) a reference to the administering state in the Act of 1995 shall be construed as a reference to the state from which a person under subsection (1) is surrendered,

  • (b) a person to whom subsection (1) applies shall be deemed to have made an application under section 4(1) of the Act of 1995, and

  • (c) the state from which the person under subsection (1) is surrendered shall be deemed to have agreed under section 4(3)(f) of the Act of 1995 to the transfer.

• (4) For the purposes of subsection (2), Part 2 of the Act of 2023 shall apply in respect of a judgment referred to in that subsection as it applies to a judgment to which that Part applies, subject to the following modifications:

  • (a) the competent authority of the state from which a person under subsection (2) is surrendered shall be deemed to have made an application within the meaning of Part 2 of the Act of 2023;

  • (b) a reference in Part 2 of the Act of 2023 to the executing state shall be construed as a reference to the state from which a person under subsection (2) is surrendered;

  • (c) where paragraph (c) of section 14 of the Act of 2023 applies, the competent authority of the executing state shall be deemed to have given its consent under that provision;

  • (d) any other necessary modifications.

• (5) In this section—

‘Act of 1995’ means the Transfer of Sentenced Persons Act 1995;

‘Act of 2023’ means the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023.”.

76. Amendment of section 25 of Criminal Justice Act 2007

76. Section 25(8) of the Criminal Justice Act 2007 is amended—

• (a) in paragraph (c), by the substitution of “Criminal Justice Act 1960,” for “Criminal Justice Act 1960, or”, and

• (b) by the insertion of the following paragraph after paragraph (c):

• “(ca) conditionally released under section 2A of the Criminal Justice Act 1960, or”.

77. Amendment of Criminal Justice (Mutual Assistance) Act 2008

77. Section 65(1)(b) of the Criminal Justice (Mutual Assistance) Act 2008 is amended by the insertion of “or under section 22 (transfer warrant for removal of sentenced person from State) of the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023” after “the Transfer of Sentenced Persons Act 1995”.

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.

79. Amendment of section 58 of Criminal Law (Sexual Offences) Act 2017

79. Section 58(7) of the Criminal Law (Sexual Offences) Act 2017 is amended—

• (a) in paragraph (c), by the substitution of “Criminal Justice Act 1960,” for “Criminal Justice Act 1960, or”, and

• (b) by the insertion of the following paragraph after paragraph (c):

• “(ca) conditionally released under section 2A of the Criminal Justice Act 1960, or”.

80. Amendment of section 8 of Criminal Justice (Victims of Crime) Act 2017

80. Section 8(2)(m) of the Criminal Justice (Victims of Crime) Act 2017 is amended—

• (a) by the insertion of the following subparagraph after subparagraph (ii):

• “(iia) any conditional release of the person under section 2A of the Act of 1960 and any conditions attached to such release which relate to the victim,”,

• (b) by the insertion of the following subparagraph after subparagraph (iii):

• “(iiia) without prejudice to subparagraph (iii)—

  • (I) any application to the Minister under section 4 of the Transfer of Sentenced Persons Act 1995 to transfer the person out of the State in order to serve the sentence or the balance thereof in another Convention state (within the meaning of that Act) and any transfer of the person out of the State in accordance with that Act, or

  • (II) any application within the meaning of Part 2 of the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 and any transfer of the person to an executing state (within the meaning of that Act) in accordance with that Part,”,

and

• (c) in subparagraph (v), by the substitution of “or 3, or on conditional release under section 2A,” for “or 3”.

81. Amendment of Parole Act 2019

81. The Parole Act 2019 is amended—

• (a) in section 2—

• (i) in subsection (1), in the definition of “relevant governor”—

• (I) in paragraph (b), by the substitution of “so released,” for “so released, or”, and

• (II) by the insertion of the following paragraph after paragraph (b):

• “(ba) where the parole applicant or parolee, as the case may be, is on conditional release from prison in accordance with a direction given by the Minister under section 2A of the Act of 1960, the governor of the prison from which he or she is so released, or”,

and

• (ii) in subsection (3)—

• (I) in paragraph (a)—

• (A) by the substitution of “including” for “including both”,

• (B) in subparagraph (i), by the substitution of “Act of 2001,” for “Act of 2001, and”,

• (C) in subparagraph (ii), by the substitution of “Act of 1960, and” for “Act of 1960,” and

• (D) by the insertion of the following subparagraph after subparagraph (ii):

• “(iii) a person who is released from prison on conditional release in accordance with a direction given by the Minister under section 2A of the Act of 1960,”,

and

• (II) in paragraph (b)—

• (A) in subparagraph (ii), by the substitution of “imprisonment,” for “imprisonment, and”,

• (B) in subparagraph (iii), by the substitution of “that Act, and” for “that Act,” and

• (C) by the insertion of the following subparagraph after subparagraph (iii):

• “(iv) any time spent on conditional release from prison for a period in accordance with a direction given by the Minister under section 2A of the Act of 1960 while serving the sentence of imprisonment other than time spent on such release where the currency of the sentence of the person is suspended pursuant to section 5 of that Act,”,

• (b) in section 6, by the insertion of the following paragraph after paragraph (a):

• “(aa) the power of the Minister to give a direction that a person be released from prison for a period under section 2A of the Act of 1960,”,

and

• (c) in section 27—

• (i) in subsection (2)—

• (I) by the insertion of the following paragraph after paragraph (b):

• “(ba) without prejudice to paragraphs (a), (b) and (c) to (m), in the case of a foreign sentence—

  • (i) any restriction, notified in writing to the Minister by the state in which the sentence was imposed, for the whole term of the sentence regarding the eligibility of the sentenced person to early or conditional release (including parole),

  • (ii) any condition, notified in writing to the Minister by the state in which the sentence was imposed, that means 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 where the condition was 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 state in which the sentence was imposed, or

    • (III) a decision of a body in the state in which the sentence was imposed, other than a body referred to in clause (I), on whom a power to make such a decision has been conferred by law,”,

and

• (II) in paragraph (e)(iii), by the insertion of “or 2A” after “section 2”,

and

• (ii) by the insertion of the following subsections after subsection (3):

• “(4) For the purposes of subsection (2)(b), a reference in that subsection to any recommendation of the court that imposed the sentence shall, in the case of a foreign sentence, be construed as a reference to any recommendation of the court or tribunal in the state that imposed the sentence.

• (5) In this section, ‘foreign sentence’, means—

  • (a) a sentence of imprisonment for life, or

  • (b) a sentence of imprisonment of a term equivalent to or longer than such term as may be prescribed in regulations made by the Minister under section 24(3),

  that is imposed by a court or tribunal in a state, other than the State, the enforcement of which has been transferred to the State and thereafter continued in accordance with a committal order within the meaning of the Transfer of Sentenced Persons Act 1995, the Transfer of Execution of Sentences Act 2005 or Part 3 of the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023, as the case may be.”.

82. Amendment of Act of 2019

82. Section 3 of the Act of 2019 is amended—

• (a) by designating the section as subsection (1), and

• (b) by the insertion of the following subsections after subsection (1):

• “(2) Nothing in this Act shall operate to prejudice—

  • (a) the power of the Minister under Part 2 of the Act of 2023 to forward a judgment (within the meaning of that Act) to the competent authority of an executing state (within the meaning of that Act), and

  • (b) the power of the Minister to make an application under Part 3 of the Act of 2023 in respect of a judgment (within the meaning of that Act).

• (3) In this section, ‘Act of 2023’ means the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023.”.

83. Amendment of Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020

83. Section 22 of the Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 is amended in the definition of “relevant proceedings”—

• (a) by the insertion of the following paragraph after paragraph (a):

• “(aa) the Transfer of Sentenced Persons Act 1995,”,

• (b) in paragraph (c), by the substitution of “the European Arrest Warrant Act 2003,” for “the European Arrest Warrant Act 2003, or”,

• (c) by the insertion of the following paragraph after paragraph (c):

• “(ca) the Transfer of Execution of Sentences Act 2005,”,

• (d) in paragraph (d), by the substitution of “the International Criminal Court Act 2006, or” for “the International Criminal Court Act 2006,”, and

• (e) by the insertion of the following paragraph after paragraph (d):

• “(e) Part 3 of the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023,”.

84. Amendment of Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Act 2020

84. The Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Act 2020 is amended—

• (a) in section 11—

• (i) in subsection (1), by the substitution of the following paragraph for paragraph (b):

• “(b) establishes that he or she—

  • (i) is lawfully and ordinarily resident in another Member State, or

  • (ii) intends to reside in a Member State, other than that referred to in subparagraph (i), and the competent authority of the other Member State has consented to the forwarding of the proposed supervision decision,

  and”,

and

• (ii) by the insertion of the following subsection after subsection (11):

• “(12) In this section, ‘other Member State’, in relation to a person, means—

  • (a) where subsection (1)(b)(i) applies, the Member State in which the person is lawfully and ordinarily resident, and

  • (b) where subsection (1)(b)(ii) applies, the Member State in which the person intends to reside.”,

• (b) in section 12—

• (i) in subsection (1)—

• (I) by the substitution of the following paragraph for paragraph (a):

• “(a) is—

  • (i) lawfully and ordinarily resident in another Member State, or

  • (ii) a person in respect of whom the competent authority of another Member State has consented to the forwarding of the proposed supervision decision,”,

and

• (II) in paragraph (c), by the substitution of “reside in the other Member State” for “return to the other Member State to reside therein”,

• (ii) in subsection (2), by the substitution of “reside in” for “return to”, and

• (iii) by the insertion of the following subsection after subsection (3):

• “(4) In this section, ‘other Member State’, in relation to a person, means—

  • (a) where subsection (1)(a)(i) applies, the Member State in which the person is lawfully and ordinarily resident, and

  • (b) where subsection (1)(a)(ii) applies, the Member State the competent authority of which has consented to the forwarding of a proposed supervision decision in relation to the person.”,

• (c) in section 13, by the substitution of “(within the meaning of section 11 or 12, as the case may be)” for “concerned”,

• (d) in section 14—

• (i) in subsection (1), by the substitution of “(within the meaning of section 11 or 12, as the case may be)” for “concerned”, and

• (ii) by the insertion of the following subsection after subsection (7):

• “(8) The Central Authority shall not forward a supervision decision to more than one executing state at any one time.”,

and

• (e) in section 28, by the insertion of the following subsections after subsection (7):

• “(8) Where a court or person employed by, or acting for or on behalf of, the public administration of the State receives a supervision decision and Article 10 certificate 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 documents to the Central Authority, 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.

• (9) For the purposes of this Part, the sending of a supervision decision and Article 10 certificate to the Central Authority under subsection (8) shall be deemed to constitute the forwarding of the documents to the Central Authority.”.

85. Declaration of state to be Member State

85. The Minister may, by order, made following consultation with the Minister for Foreign Affairs, declare a state, other than a state referred to in paragraph (a) of the definition of “Member State” in section 2(1), to be a Member State for the purposes of paragraph (b) of that definition, where he or she is satisfied that the state has, by agreement concluded by the state with the European Union, agreed to implement and apply—

• (a) the Framework Decision, or

• (b) an act or measure taken by the European Union amending or building upon the Framework Decision.

86. Transitional provision

86. Where, before the date on which Parts 1 to 3 come into operation—

• (a) a request was made by the Minister, a sentencing state (within the meaning of the Act of 1995) or a sentencing country (within the meaning of the Act of 2005),

• (b) an application was granted by the Minister,

• (c) a warrant was issued, or

• (d) any other order or step was taken,

under the Act of 1995 or the Act of 2005 in respect of a sentence to which this Act applies, the request, application, warrant, other order or step shall be deemed to have been made under this Act and this Act shall apply accordingly.

SCHEDULE Council Framework Decision 2008/909/JHA of 27 November 2008 as amended by Council Framework Decision 2009/299/JHA of 26 February 2009

Section 2

Council Framework Decision 2008/909/JHA

of 27 November 2008

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

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 fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Articles 31(1)(a) and 34(2)(b) thereof,

Having regard to the initiative of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden,

Having regard to the opinion of the European Parliament,

Whereas:

• (1) The European Council meeting in Tampere on 15 and 16 October 1999 endorsed the principle of mutual recognition, which should become the cornerstone of judicial cooperation in both civil and criminal matters within the Union.

• (2) On 29 November 2000 the Council, in accordance with the Tampere conclusions, adopted a programme of measures to implement the principle of mutual recognition of decisions in criminal matters^(1), in which it called for an assessment of the need for modern mechanisms for the mutual recognition of final sentences involving deprivation of liberty (Measure 14) and for extended application of the principle of the transfer of sentenced persons to cover persons resident in a Member State (Measure 16).

• (3) The Hague Programme on strengthening freedom, security and justice in the European Union^(2) requires Member States to complete the programme of measures, in particular in the field of enforcing final custodial sentences.

• (4) All the Member States have ratified the Council of Europe Convention on the Transfer of Sentenced Persons of 21 March 1983. Under that Convention, sentenced persons may be transferred to serve the remainder of their sentence only to their State of nationality and only with their consent and that of the States involved. The Additional Protocol to that Convention of 18 December 1997, which allows transfer without the person’s consent, subject to certain conditions, has not been ratified by all the Member States. Neither instrument

^(1) OJ C 12, 15.1.2001, p. 10. ^(2) OJ C 53, 3.3.2005, p. 1.

imposes any basic duty to take charge of sentenced persons for enforcement of a sentence or order.

• (5) Procedural rights in criminal proceedings are a crucial element for ensuring mutual confidence among the Member States in judicial cooperation. Relations between the Member States, which are characterised by special mutual confidence in other Member States’ legal systems, enable recognition by the executing State of decisions taken by the issuing State’s authorities. Therefore, a further development of the cooperation provided for in the Council of Europe instruments concerning the enforcement of criminal judgments should be envisaged, in particular where citizens of the Union were the subject of a criminal judgment and were sentenced to a custodial sentence or a measure involving deprivation of liberty in another Member State. Notwithstanding the need to provide the sentenced person with adequate safeguards, his or her involvement in the proceedings should no longer be dominant by requiring in all cases his or her consent to the forwarding of a judgment to another Member State for the purpose of its recognition and enforcement of the sentence imposed.

• (6) This Framework Decision should be implemented and applied in a manner which allows general principles of equality, fairness and reasonableness to be respected.

• (7) Article 4(1)(c) contains a discretionary provision which enables the judgment and the certificate to be forwarded, for example, to the Member State of nationality of the sentenced person, in cases other than those provided for in paragraphs 1(a) and (b) or to the Member State in which the sentenced person lives and has been legally residing continuously for at least five years and will retain a permanent right of residence there.

• (8) In cases referred to in Article 4(1)(c) the forwarding of the judgment and the certificate to the executing State is subject to consultations between the competent authorities of the issuing and the executing States, and the consent of the competent authority of the executing State. The competent authorities should take into account such elements as, for example, duration of the residence or other links to the executing State. In cases where the sentenced person could be transferred to a Member State and to a third country under national law or inter- national instruments, the competent authorities of the issuing and executing States should, in consultations, consider whether enforcement in the executing State would enhance the aim of social rehabilitation better than enforcement in the third country.

• (9) Enforcement of the sentence in the executing State should enhance the possibility of social rehabilitation of the sentenced person. In the context of satisfying itself that the enforcement of the sentence by the executing State will serve the purpose of facilitating the social rehabilitation of the sentenced person, the competent authority of the issuing State should take into account such elements as, for example, the person’s attachment to the executing State, whether he or she considers it the place of family, linguistic, cultural, social or economic and other links to the executing State.

• (10) The opinion of the sentenced person referred to in Article 6(3) may be useful mainly in applying Article 4(4). The words ‘in particular’ are intended to cover also cases where the opinion of the sentenced person would include information which might be of relevance in relation to the grounds for non-recognition and non-enforcement. Provisions of Articles 4(4) and 6(3) do not constitute a ground for refusal on social rehabilitation.

• (11) Poland needs more time than the other Member States to face the practical and material consequences of transfer of Polish citizens convicted in other Member States, especially in the light of an increased mobility of Polish citizens within the Union. For that reason, a temporary derogation of limited scope for a maximum period of five years should be foreseen.

• (12) This Framework Decision should also, mutatis mutandis, apply to the enforcement of sentences in the cases under Articles 4(6) and 5(3) of Council Framework Decision 2002/584/JHA of 13 June 2002 on the European Arrest Warrant and the surrender procedures between Member States^(1). This means, inter alia, that, without prejudice to that Framework Decision, the executing State could verify the existence of grounds for non-recognition and non-enforcement as provided in Article 9 of this Framework Decision, including the checking of double criminality to the extent that the executing State makes a declaration under Article 7(4) of this Framework Decision, as a condition for recognising and enforcing the judgment with a view to considering whether to surrender the person or to enforce the sentence in cases pursuant to Article 4(6) of Framework Decision 2002/584/JHA.

• (13) This Framework Decision respects fundamental rights and observes the principles recognised by Article 6 of the Treaty on European Union and reflected by the Charter of Fundamental Rights of the European Union, in particular Chapter VI thereof. Nothing in this Framework Decision should be interpreted as prohibiting refusal to execute a decision when there are objective reasons to believe that the sentence was imposed for the purpose of punishing a person on the grounds of his or her sex, race, religion, ethnic origin, nationality, language, political opinions or sexual orientation, or that that person’s position may be prejudiced on any one of those grounds.

• (14) This Framework Decision should not prevent any Member State from applying its constitutional rules relating to due process, freedom of association, freedom of the press and freedom of expression in other media.

• (15) This Framework Decision should be applied in accordance with the right of citizens of the Union to move and reside freely within the territory of the Member States conferred by Article 18 of the Treaty establishing European Community.

• (16) This Framework Decision should be applied in accordance with applicable Community legislation, including in particular Council Directive 2003/86/EC^(2), Council Directive 2003/109/EC^(3) and Directive 2004/38/EC of the European Parliament and of the Council^(4).

• (17) Where in this Framework Decision reference is made to the State in which the sentenced person ‘lives’, this indicates the place to which that person is attached based on habitual residence and on elements such as family, social or professional ties.

• (18) When applying Article 5(1), it should be possible to transmit a judgment or a certified copy thereof and a certificate to the competent authority in the executing State by any means which leaves a written record, for example e-mail and fax, under conditions allowing the executing State to establish authenticity.

• (19) In cases referred to in Article 9(1)(k), the executing State should consider the possibility of adapting the sentence in accordance with this Framework Decision before it refuses to recognise and enforce the sentence involving a measure other than a custodial sentence.

^(1) OJ L 190, 18.7.2002, p. 1. ^(2) OJ L 251, 3. 10.2003, p. 12. ^(3) OJ L 16, 23.1.2004, p. 44. ^(4) OJ L 158, 30.4.2004, p. 77.

• (20) The ground for refusal provided for in Article 9(1)(k) may be applied also in cases where the person has not been found guilty of a criminal offence although the competent authority applied the measure involving the deprivation of liberty other than a custodial sentence as a consequence of a criminal offence.

• (21) The ground for refusal relating to territoriality should be applied only in exceptional cases and with a view to cooperating to the greatest extent possible under the provisions of this Framework Decision, while taking into account its purpose. Any decision to apply this ground for refusal, should be based on a case-by-case analysis and consultations between the competent authorities of the issuing and executing States.

• (22) The time limit referred to in Article 12(2) should be implemented by the Member States in such a way that as a general rule, the final decision, including an appeal procedure is completed within a period of 90 days.

• (23) Article 18(1) states that, subject to the exceptions listed in paragraph 2, the specialty rule applies only where the person has been transferred to the executing State. It should therefore not be applicable where the person has not been transferred to the executing State, for example where the person has fled to the executing State,

HAS ADOPTED THIS FRAMEWORK DECISION:

CHAPTER I

GENERAL PROVISIONS

Article 1

Definitions

For the purposes of this Framework Decision:

• (a) ‘judgment’ shall mean a final decision or order of a court of the issuing State imposing a sentence on a natural person;

• (b) ‘sentence’ shall mean any custodial sentence or any measure involving deprivation of liberty imposed for a limited or unlimited period of time on account of a criminal offence on the basis of criminal proceedings;

• (c) ‘issuing State’ shall mean the Member State in which a judgment is delivered;

• (d) ‘executing State’ shall mean the Member State to which a judgment is forwarded for the purpose of its recognition and enforcement.

Article 2

Determination of the competent authorities

Article 3

Purpose and scope

CHAPTER II

RECOGNITION OF JUDGMENTS AND ENFORCEMENT OF SENTENCES

Article 4

Criteria for forwarding a judgment and a certificate to another Member State

• (a) the Member State of nationality of the sentenced person in which he or she lives; or

• (b) the Member State of nationality, to which, while not being the Member State where he or she lives, the sentenced person will be deported, once he or she is released from the enforcement of the sentence on the basis of an expulsion or deportation order included in the judgment or in a judicial or administrative decision or any other measure taken consequential to the judgment; or

• (c) any Member State other than a Member State referred to in (a) or (b), the competent authority of which consents to the forwarding of the judgment and the certificate to that Member State.

^(1) OJ L 76, 22.3.2005, p. 16. ^(3) OJ L 328, 24.11.2006, p. 59.

Where there has been no consultation, such an opinion may be presented without delay after the transmission of the judgment and the certificate. The competent authority of the issuing State shall consider such opinion and decide whether to withdraw the certificate or not