Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023
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Withdrawal of Framework Decision Certificate | ||
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28. (1) The Minister may withdraw a Framework Decision Certificate to which a sentence relates at any time before the transfer under section 24 (1) of the enforcement of the sentence to the executing state. | ||
(2) The Minister shall, without prejudice to the generality of subsection (1), without delay withdraw a Framework Decision Certificate to which a sentence relates at any time before the transfer under section 24 (1) of the enforcement of the sentence to the executing state where— | ||
(a) the Minister does not consent to a request referred to in section 20 (1) for the partial recognition and enforcement by that state of a sentence to which the Certificate relates, | ||
(b) the consent of the sentenced person to which the Certificate relates has been withdrawn under section 21 , | ||
(c) the sentenced person is believed to be in the executing state and he or she has not been located in that state, or | ||
(d) having regard to the matters referred to in subsection (3), the Minister considers that the withdrawal of the Certificate is in the public interest. | ||
(3) The Minister shall have regard to the following matters when considering whether to withdraw a Framework Decision Certificate— | ||
(a) any information received by the Minister from the competent authority of an executing state regarding the law of the executing state in respect of early or conditional release, | ||
(b) a reasoned opinion provided to the Minister by the executing state in accordance with section 19 (2), | ||
(c) any information received by the Minister regarding the adaptation or proposed adaptation of the sentence to which the Certificate relates, and | ||
(d) such other matters as the Minister considers appropriate. | ||
(4) The Minister shall, as soon as practicable after deciding to withdraw a Framework Decision Certificate under this section, give notice in writing of the decision (including reasons for the decision) to the competent authority of the executing state. | ||
(5) Where a Framework Decision Certificate in respect of a sentenced person is withdrawn and the sentenced person is in the State, the Minister shall revoke any transfer warrant in respect of the person. |