Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023
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Warrant on foot of recognition | ||
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42. (1) Where an appropriate court grants an application, the court shall— | ||
(a) in the case of a sentenced person in the State, other than a person to whom section 43 (1) applies, issue a warrant for the purpose of enforcement of the sentence authorising— | ||
(i) where the person is not in custody, the arrest of the person, and | ||
(ii) the taking of the person to, and his or her detention in, a place of detention to await the order of the appropriate court under section 43 (2), | ||
and | ||
(b) in the case of a sentenced person in the issuing state, issue a warrant for the purpose of enforcement of the sentence authorising— | ||
(i) the bringing of the person into the State from a place outside the State, and | ||
(ii) the taking of the person to, and his or her detention in, a place of detention to await the order of the appropriate court under section 43 (2). | ||
(2) A warrant authorising the arrest of a person issued under subsection (1)(a) may be executed by any member of the Garda Síochána in any part of the State and may be so executed notwithstanding that it is not in the possession of the member when he or she executes the warrant, and the warrant shall be shown to and a copy thereof given to the person arrested at the time of his or her arrest or, if the warrant is not then in the possession of the member, not later than 24 hours after his or her arrest. | ||
(3) For the purpose of arresting a sentenced person on foot of a warrant issued under subsection (1)(a), a member of the Garda Síochána may enter, if need be by use of reasonable force, and search a place where the member, with reasonable cause, suspects the sentenced person to be. | ||
(4) Where a person has been arrested under a warrant issued under subsection (1)(a), then in any subsequent proceedings it shall be presumed, unless the contrary is shown, that a judgment has been duly forwarded to the Minister. |