Criminal Justice (Mutual Recognition of Probation Judgements and Decisions) Act 2019

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Number 20 of 2019


CRIMINAL JUSTICE (MUTUAL RECOGNITION OF PROBATION JUDGMENTS AND DECISIONS) ACT 2019


CONTENTS

PART 1

Preliminary and General

Section

1. Short title and commencement

2. Interpretation

3. Application of Act

4. Designation of competent authorities

5. Provisions supplementary to section 4

6. Orders and regulations

7. Expenses

PART 2

Issuing State is Ireland

8. Application of Part 2

9. Definitions

10. Request for forwarding judgment in State, etc., to Member State competent authority

11. Forwarding of judgment in State, etc., to Member State competent authority

12. Withdrawal of Article 6 certificate

13. Consequences of recognition of judgment in State

14. Obligation to provide certain information to Member State competent authority

15. Transfer of jurisdiction back to State

PART 3

Executing State is Ireland

16. Application of Part 3

17. Interpretation

18. Corresponding offences

19. Probation measures and alternative sanctions to which Part 3 applies

20. Forwarding of judgment, etc., to competent authority in State

21. Consent to forwarding judgment, etc., where sentenced person not lawfully and ordinarily residing in State

22. Forwarding of judgment, etc., to Minister

23. Consideration of judgment, etc.

24. Endorsement of judgment, etc., by appropriate court

25. Provisions applicable in cases of conditional release and suspended sentences

26. Time limits for decision

27. Notification of endorsement of judgment and, where applicable, probation decision

28. Recognition of judgment and probation decision

29. Obligation to provide certain information to competent authority in issuing state

30. No jurisdiction to take subsequent decisions in certain cases

31. Judgment not reviewable

32. Transfer of jurisdiction back to competent authority in issuing state

SCHEDULE

Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions


Acts Referred to

Children Act 2001 (No. 24)

Criminal Justice (Community Service) Act 1983 (No. 23)

Criminal Justice (Mutual Assistance) Act 2008 (No. 7)

Criminal Justice Act 1960 (No. 27)

Criminal Justice Act 2006 (No. 26)

Misuse of Drugs Act 1977 (No. 12)

Prisons Act 1970 (No. 11)

Probation of Offenders Act 1907 (7 Edw. 7, c. 17)

Sex Offenders Act 2001 (No. 18)

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Number 20 of 2019


CRIMINAL JUSTICE (MUTUAL RECOGNITION OF PROBATION JUDGMENTS AND DECISIONS) ACT 2019


An Act to give effect to Council Framework Decision 2008/947/JHA of 27 November 20081 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions, as amended by Council Framework Decision 2009/299/JHA of 26 February 20092 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial; and to provide for related matters.

[7th July, 2019]

Be it enacted by the Oireachtas as follows:

1 OJ No. L 337, 16.12.2008, p.102

2 OJ No. L 81, 27.03.2009, p.24