Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023
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Application to forward judgment | ||
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10. (1) Each of the following persons (in this Part referred to as “applicant”) may make an application in writing to the Minister to forward a judgment imposed in the State to a competent authority of an executing state for the purposes of the recognition of the judgment and enforcement of the sentence to which the judgment relates in that state: | ||
(a) the sentenced person; | ||
(b) where the sentenced person is in a prison, the Director General of the Irish Prison Service; | ||
(c) where the sentenced person is in a designated centre, the clinical director of the designated centre; | ||
(d) where the sentenced person is in a children detention school, the Director of the children detention school; | ||
(e) the competent authority of the executing state (in so far as the application is to forward the judgment to the executing state for which the competent authority is designated). | ||
(2) Without prejudice to subsection (1) and subject to subsection (3), the Minister may consider whether to forward a judgment imposed in the State to a competent authority of an executing state for the purposes of the recognition of the judgment and enforcement of the sentence to which the judgment relates in that state. | ||
(3) Sections 11 to 16 shall apply to a consideration by the Minister under subsection (2) to forward a judgment as they apply to an application under subsection (1) and a reference in those sections to an application shall be construed as including a reference to such a consideration. |