Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023
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Opinion of sentenced person | ||
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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. |