Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023

Consent to forwarding judgment

32. (1) Where a sentenced person is a person other than—

(a) an Irish citizen living in the State, or

(b) an Irish citizen who, upon release from the enforcement of a sentence in an issuing state will be sent to the State in accordance with an order included in, or ancillary to, the judgment,

a judgment in relation to him or her shall not be forwarded unless the competent authority of the issuing state, prior to forwarding the judgment, has obtained the consent of the Minister.

(2) The Minister may give his or her consent under subsection (1) where—

(a) the sentenced person is in the State or the issuing state,

(b) the Minister is satisfied that the enforcement of the sentence in the State would facilitate the sentenced person’s social rehabilitation and successful reintegration into society having regard to the matters referred to in subparagraphs (i), (ii) and (iii) of section 16 (2)(c), and

(c) the Minister is of the opinion, having regard to such factors as he or she considers relevant, that it is appropriate that such consent be given.