Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023
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Continuation in effect of original order | ||
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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. |