Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023

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PART 3

State as executing state

Interpretation (Part 3)

30. (1) In this Part—

“application”, other than in sections 36 (1), 40 and 46 , has the meaning assigned to it by section 37 (1);

“committal order” means an order under section 43 (1) or (2);

“deductible period”, in relation to a sentenced person, means—

(a) the period spent by the person in custody in the State—

(i) on foot of a warrant issued under section 35 (1), or

(ii) on foot of a warrant issued under section 42 (1)(a) or (b) awaiting the making of an order under section 43 (2),

and

(b) the period (if any) of the sentence indicated by an issuing 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 issuing 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 issuing state;

“forward”, in relation to a judgment, means to forward the judgment in accordance with section 34 (1);

“partial recognition and enforcement” has the meaning assigned to it by section 39 (1);

“ section 34 certificate” has the meaning assigned to it by section 34 (5)(a).

(2) Nothing in this Part shall operate to prejudice an application under section 23(1)(a) of the Act of 2019 for the recognition of a judgment (within the meaning of Framework Decision 2008/947/JHA) and, where applicable, the probation decision (within the meaning of Framework Decision 2008/947/JHA) to which the judgment relates under section 24 of that Act.

(3) The granting by the appropriate court of an application for the recognition of a judgment and the making of an order for the enforcement of the sentence to which the judgment relates, the execution of part of which has been conditionally suspended upon its imposition in an issuing state, shall not operate to prejudice the continued enforcement by the issuing state of that part of the sentence that has been conditionally suspended.

(4) Where under section 39 (4) the appropriate court (with the consent of the competent authority of the issuing state) treats an application as an application in respect of the enforcement in the State of part of a sentence imposed in an issuing state, a reference in this Part to a sentence shall be treated as reference to that part of the sentence.