Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023

Provision of reasoned opinion to issuing state

33. (1) The Minister may provide a reasoned opinion in respect of a sentenced person, to the competent authority of an issuing state—

(a) where the Minister has been consulted by the issuing state, before a judgment in relation to the person is forwarded, or

(b) where the Minister has not been consulted by the issuing state, after a judgment in relation to the person is forwarded.

(2) Where the Minister is considering providing a reasoned opinion under subsection (1), he or she shall have regard to such opinion (if any) of the sentenced person as the Minister is notified of by the competent authority of the issuing state.

(3) In this section, “reasoned opinion” means a reasoned opinion of the Minister that the enforcement in the State of a sentence imposed in an issuing state would not facilitate the social rehabilitation and successful reintegration of the sentenced person into society.