Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023

Provisional arrest where sentenced person in executing state

18. Where the Minister has made a decision to forward a judgment to an executing state and the sentenced person is in the executing state, the Minister may, at any time—

(a) before the receipt by the competent authority of the executing state of the forwarded judgment and Framework Decision Certificate, or

(b) after the receipt by the competent authority of the executing state of the documents referred to in paragraph (a) but before a decision is made by the competent authority in the executing state regarding recognition of the judgment and enforcement of the sentence in that state,

request the executing state to arrest or otherwise detain the sentenced person pending the making of a decision referred to in paragraph (b).