Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023
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Partial recognition and enforcement | ||
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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. |