Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023
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Interpretation | ||
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2. (1) In this Act— | ||
“Act of 1960” means the Criminal Justice Act 1960 ; | ||
“Act of 1995” means the Transfer of Sentenced Persons Act 1995 ; | ||
“Act of 2003” means the European Arrest Warrant Act 2003 ; | ||
“Act of 2005” means the Transfer of Execution of Sentences Act 2005 ; | ||
“Act of 2006” means the Criminal Law (Insanity) Act 2006 ; | ||
“Act of 2019” means the Criminal Justice (Mutual Recognition of Probation Judgments and Decisions) Act 2019 ; | ||
“appropriate court” means the High Court; | ||
“children detention school” has the same meaning as it has in section 3 (1) of the Children Act 2001 ; | ||
“clinical director”, in relation to a designated centre, has the same meaning as it has in the Mental Health Act 2001 ; | ||
“competent authority”, in relation to an executing state or issuing state, means the authority designated by the executing state or issuing state, as the case may be, to be the competent authority in that state for the purposes of the Framework Decision; | ||
“court” means any court exercising criminal jurisdiction and includes a court-martial; | ||
“designated centre” has the same meaning as it has in section 1 of the Act of 2006; | ||
“Director General of the Irish Prison Service” means the person appointed by the Minister to the post of Director General of the Irish Prison Service; | ||
“Director of a children detention school” means a person who has been appointed under section 180 of the Children Act 2001 and who is responsible for the immediate control and supervision of a children detention school; | ||
“executing state” means the Member State to which a judgment is, or is to be, forwarded in accordance with Part 2 for the purposes of its recognition and enforcement in that state; | ||
“Framework Decision” means Council Framework Decision 2008/909/JHA of 27 November 20083 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union, as amended by Council Framework Decision 2009/299/JHA of 26 February 20094 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, the text of which in the English language is for convenience of reference set out in the Schedule ; | ||
“Framework Decision 2008/947/JHA” means Council Framework Decision 2008/947/JHA of 27 November 20085 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 20096 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; | ||
“Framework Decision Certificate” means the certificate provided for in Article 4 of the Framework Decision, the standard form of which is set out in Annex I to the Framework Decision; | ||
“issuing state” means the Member State in which a judgment is delivered; | ||
“judgment” means a final decision, direction or order— | ||
(a) where Part 2 applies, of a court in the State, and | ||
(b) where Part 3 applies, of a court in an issuing state, | ||
imposing a sentence on a natural person and, unless otherwise specified, includes a record in writing of that decision, direction or order or a certified copy thereof; | ||
“Member State” means— | ||
(a) a state, other than the State, that is a Member State of the European Union, and | ||
(b) a state that is declared under section 85 to be a Member State; | ||
“Minister” means the Minister for Justice; | ||
“place of detention” means— | ||
(a) a prison, | ||
(b) a designated centre, or | ||
(c) a children detention school; | ||
“prison” means a place of custody (other than a Garda Síochána station) administered by or on behalf of the Minister and includes— | ||
(a) a place provided under section 2 of the Prisons Act 1970 , and | ||
(b) a place specified under section 3 of the Prisons Act 1972 ; | ||
“relevant language”, in relation to a translation of a Framework Decision Certificate or a judgment, means— | ||
(a) where Part 2 or section 73 (7) applies, the official language or one of the official languages of an executing state or such other language as an executing state may, having regard to any declaration by that state under Article 23(1) of the Framework Decision, accept, and | ||
(b) where Part 3 applies, the official language or one of the official languages of an issuing state or such other language as an issuing state may, having regard to any declaration by that state under Article 23(1) of the Framework Decision, accept; | ||
“sentence” means a custodial sentence or measure involving deprivation of liberty imposed by a court for a limited or unlimited period of time on account of a criminal offence in criminal proceedings and includes a punishment or measure that includes a limited or unlimited period of time that is served otherwise than in custody but does not include a part of a sentence the execution of which has been conditionally suspended upon its imposition— | ||
(a) where Part 2 applies, by a court in the State, and | ||
(b) where Part 3 applies, by a court in an issuing state; | ||
“sentenced person”, in relation to a judgment, means the person the subject of the judgment. | ||
(2) A word or expression that is used in this Act and also used in the Framework Decision has, other than where the context otherwise requires, the same meaning in Part 2 or 3 , as the case may be, as in the Framework Decision. | ||
(3) For the purposes of Part 2 or 3 , a sentenced person shall be deemed to be living in a state if it is the place to which he or she is attached based on his or her habitual residence and on his or her family, social or professional ties with that place. | ||
3 OJ No. L 327, 5.12.2008, p. 27 4 OJ No. L 81, 27.3.2009, p. 24 |