Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023
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Forwarding of judgment to Minister | ||
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34. (1)Subsection (5) applies if the competent authority of an issuing state, subject to section 32 (1), forwards to the Minister— | ||
(a) a judgment to which a sentence relates, and | ||
(b) a Framework Decision Certificate in the Irish language or the English language in respect of the judgment referred to in paragraph (a). | ||
(2) The Minister may, on his or her own initiative or at the request by, or on behalf of, a sentenced person, request an issuing state to forward a judgment. | ||
(3) Where the Minister receives a Framework Decision Certificate that— | ||
(a) is incomplete, or | ||
(b) manifestly does not correspond to the judgment to which it relates, | ||
the Minister shall as soon as practicable notify the competent authority of the issuing state of the matter referred to in paragraph (a) or (b), as the case may be, and specify a reasonable period of time within which the competent authority may complete or correct the Framework Decision Certificate. | ||
(4) Where the Minister is of the opinion that the content of a Framework Decision Certificate received by him or her is not sufficient to enable the Minister to make an application in respect of the judgment to which the Certificate relates, he or she shall arrange for the judgment accompanying the Certificate to be translated into the Irish language or the English language. | ||
(5) Where the competent authority of an issuing state forwards a judgment and a Framework Decision Certificate in respect of the judgment and the Minister is satisfied that the requirements of subsections (3) and (4) are satisfied, he or she shall— | ||
(a) certify in writing (in this Part referred to as a “ section 34 certificate”) that the judgment and Framework Decision Certificate have been duly forwarded and those requirements have been satisfied, | ||
(b) where the sentenced person is in the State, make all reasonable efforts to notify him or her that the judgment and Framework Decision Certificate have been forwarded, and | ||
(c) make an application in respect of the judgment. | ||
(6) section 34 certificate shall, unless the contrary is shown, be evidence in any proceedings of the matters specified therein without further proof. | ||
(7) Where a court or person employed by, or acting for or on behalf of, the public administration of the State receives a judgment and a Framework Decision Certificate in respect of the judgment directly from the competent authority of an issuing state, the court or person, as the case may be, shall— | ||
(a) as soon as practicable send or arrange for the sending of, the judgment and the Framework Decision Certificate to the Minister, and | ||
(b) as soon as practicable so inform the competent authority of the issuing state by any means capable of producing a record in writing. | ||
(8) For the purposes of this Part, the sending of a judgment and Framework Decision Certificate to the Minister under subsection (7)(a) shall be deemed to constitute the forwarding of the documents. |