Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023
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Arrest of sentenced person following escape from custody in executing state | ||
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26. (1) Where section 24 (2) applies, a member of the Garda Síochána may arrest without warrant a sentenced person whom he or she suspects to be unlawfully at large following an escape referred to in that section. | ||
(2) A sentenced person arrested under subsection (1) shall, as soon as may be after his or her arrest, be brought before an appropriate court and the court, for the purpose of the continued enforcement of the remainder of the sentence, shall, in accordance with subsection (3) or (5), as the case may be, vary the original order. | ||
(3) Where an appropriate court varies an original order under subsection (2), the court shall take account of— | ||
(a) the period spent by the person in custody in the State on foot of the original order, | ||
(b) the period spent by the person in custody or other detention in the executing state in contemplation, or in consequence, of the recognition of the sentence (or part thereof) by the executing state, | ||
(c) subject to subsection (5), the period (if any) of the sentence indicated by an executing state to be deducted from the total length of the sentence— | ||
(i) in respect of an amnesty, pardon, clemency or other such decision granted by the executing state in relation to the sentence, and | ||
(ii) in respect of any other reduction (including a period of remission of sentence) in relation to the part of the sentence which has been served by the person in the executing state, | ||
and | ||
(d) the period spent by the person in custody in the State on foot of an arrest under subsection (1). | ||
(4) A person brought before the court under subsection (2) may be remanded in custody and for that purpose the appropriate court shall have the same powers of remand in relation to any person appearing before it under this section as it would have if the person were brought before it charged with an indictable offence. | ||
(5) Where an appropriate court varies an original order under subsection (2) and there is a term of imprisonment or detention that a sentenced person is required to serve by virtue of the imposition of a sentence on foot of a judgment, part of which is not transferred to an executing state as a result of the recognition and enforcement by that state of the sentence (to which the judgment relates) in part, and to which the Minister has given his or her consent under section 20 (1)— | ||
(a) the term of imprisonment or detention which is not transferred shall be reduced by the periods referred to in paragraphs (a), (b) and (d) of subsection (3), and | ||
(b) for the purpose of remission of that part of the sentence which is not transferred— | ||
(i) the period spent by the person in custody or other detention in the executing state in contemplation, or in consequence, of the recognition by the executing state of the transferred sentence shall be treated as a period served by the person in the State, and | ||
(ii) the rules or practice whereby sentenced persons generally may earn remission of sentences by industry or good conduct shall apply in relation to the period referred to in subparagraph (i). |