Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023
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PART 2 State as issuing state | ||
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Interpretation (Part 2) | ||
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9. (1) In this Part— | ||
“adaptation”, in relation to a sentence, means the adaptation of the sentence in accordance with Article 8 of the Framework Decision; | ||
“applicant” has the meaning assigned to it by section 10 (1); | ||
“application” means an application under section 10 (1); | ||
“decision to forward”, in relation to a judgment, means a decision by the Minister under section 16 to forward the judgment to the competent authority of an executing state; | ||
“decision to recognise”, in relation to a judgment, means a decision by the competent authority of an executing state to recognise the judgment and enforce the sentence to which it relates which has been forwarded to the competent authority; | ||
“forward”, in relation to a judgment, means to forward the judgment in accordance with section 17 ; | ||
“Irish Prison Service” means the prison service of the Department of Justice, which is charged with the management of prisons; | ||
“notification parties” has the meaning assigned to it by section 11 (1); | ||
“original order” has the meaning assigned to it by section 25 (1); | ||
“reasoned opinion” means the reasoned opinion of the competent authority of the executing state that the enforcement of a sentence in respect of a person by that state would not facilitate the social rehabilitation and successful reintegration of the person into society; | ||
“transfer warrant” has the meaning assigned to it by section 22 (1). | ||
(2) Nothing in this Part shall operate to prejudice the forwarding under section 11 of the Act of 2019 of a judgment in the State (within the meaning of Part 2 of the Act of 2019) and, where applicable, the probation decision (within the meaning of Part 2 of the Act of 2019), to a Member State competent authority (within the meaning of the Act of 2019). |