Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023
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Decision to forward judgment | ||
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16. (1) Subject to subsections (2) and (3), the Minister may, where he or she is satisfied that paragraph (a), (b) or (c) of section 14 applies, forward a judgment to which an application relates to the 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 the executing state. | ||
(2) A judgment may not be forwarded unless— | ||
(a) the sentenced person is in the State or the executing state, | ||
(b) other than where paragraph (a), (b) or (c) of section 13 (1) applies, the sentenced person has given his or her consent in writing to the judgment being forwarded and it has not been withdrawn under section 21 , | ||
(c) the Minister is satisfied that the enforcement of the sentence by the executing state would facilitate the sentenced person’s social rehabilitation and successful reintegration into society having regard to— | ||
(i) the presence in the executing state of any family members of the sentenced person, | ||
(ii) the nature and extent of any linguistic, cultural, social or economic connections between the sentenced person and the executing state, and | ||
(iii) such other matters as the Minister considers appropriate, | ||
(d) the Minister is satisfied that reasonable steps have been taken to inform the sentenced person in writing in a language that he or she understands of the substance of the arrangements in accordance with which it is proposed to transfer him or her, | ||
(e) the sentenced person is not subject to proceedings that have been brought, but have not been finally determined for his or her extradition or arrest under the Extradition Act 1965 or the Act of 2003, | ||
(f) where section 12 (1) applies (including any case where section 12 (3) applies), the Minister has considered the opinion (if any) of the sentenced person under that section, and | ||
(g) consultations in accordance with section 15 (1) have taken place. | ||
(3) The Minister shall not forward the judgment to more than one executing state at any one time. | ||
(4) The Minister may, before forwarding a judgment, invite or otherwise take into account submissions by the sentenced person, the executing state and such persons as the Minister considers appropriate. |