Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023

Information to be provided to notification parties

11. (1) The Minister shall, on receipt of an application in respect of a judgment, notify the competent authority of the executing state and the following persons (in this Part referred to as “notification parties”), other than the applicant, of the making of the application:

(a) where the sentenced person is in the State, that 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.

(2) The Minister shall notify the applicant and the notification parties in relation to an application of the following matters:

(a) a decision by the Minister to forward the judgment in respect of the application;

(b) a decision by the Minister to give his or her consent under section 20 (1) to the partial recognition and enforcement by the executing state of the sentence to which a judgment in respect of the application relates;

(c) the receipt by the Minister of a decision to recognise the judgment in respect of the application;

(d) the receipt by the Minister of information regarding the adaptation of the sentence to which the application relates;

(e) a decision (including reasons for the decision) by the Minister under section 28 to withdraw the Framework Decision Certificate in respect of the judgment to which the application relates.

(3) The Minister shall, at the request of the competent authority of an executing state, make all reasonable efforts to provide such information in connection with the transfer to the executing state of the sentenced person as may be specified in the request to—

(a) the sentenced person, or

(b) where section 12 (3) applies, to the legal representative of the sentenced person, or any other person considered by the Minister to be an appropriate person for the purpose of that section.