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Forwarding of judgment, etc., to competent authority in State
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20. (1) Subsection (2) applies if one or more than one of the following matters (in this section referred to as a “relevant matter”) arises:
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(a) a judgment and, where applicable, the probation decision forwarded to the Minister pursuant to Article 5 of the Framework Decision is not accompanied by—
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(i) an Article 6 certificate, or
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(ii) if the Article 6 certificate is in a language other than the Irish language or the English language, a translation of that certificate in the Irish language or the English language;
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(b) the Minister considers that an Article 6 certificate accompanying a judgment and, where applicable, the probation decision forwarded to the Minister pursuant to Article 5 of the Framework Decision—
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(i) is incomplete, or
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(ii) obviously does not correspond to that judgment and, where applicable, that decision.
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(2) The Minister shall, as soon as is practicable after a relevant matter arises, by notice in writing given to the competent authority in the issuing state—
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(a) inform the competent authority in the issuing state of the relevant matter, and
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(b) specify a reasonable period of time within which the competent authority in the issuing state may take the necessary remedial action in relation to the relevant matter.
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(3) Subsection (4) applies if a document forwarded to the Minister for the purposes of this Part has been directly forwarded to the Minister by a means which has left a record in writing of that document under conditions allowing the Minister to establish the authenticity of that document.
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(4) The record in writing of the document shall be deemed to be the document that was forwarded.
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(5) For the purposes of this Part, 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 in the issuing state.
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(6) In proceedings to which this Part applies, a document shall be received in evidence without further proof if the document purports to be—
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(a) a judgment given by the competent authority in the issuing state,
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(b) a probation decision taken by the competent authority in the issuing state,
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(c) an Article 6 certificate issued by the competent authority in the issuing state or a translation referred to in subsection (1)(a)(ii) of the Article 6 certificate, or
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(d) a true copy of such judgment, probation decision, Article 6 certificate or translation.
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(7) In proceedings to which this Part applies, a document that purports to be a true copy of a judgment, probation decision or Article 6 certificate referred to in subsection (6) shall, unless the contrary is shown, be evidence of the judgment, probation decision or certificate concerned, as the case may be.
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