Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023
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Application for recognition and enforcement | ||
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37. (1) The Minister shall apply, or cause an application to be made, to the appropriate court as soon as practicable after a section 34 certificate is issued, for recognition of the judgment in the State and enforcement of the sentence (in its legal nature and duration) to which the judgment relates (in this Part referred to as an “application”). | ||
(2) An application may be made ex parte save in a case in which a court directs that it is in the interests of justice that it be made on notice to the sentenced person. | ||
(3) The appropriate court shall determine an application in accordance with this Part. | ||
(4) A decision under subsection (1) by an appropriate court regarding whether to grant or refuse an application shall be taken as soon as practicable and, subject to subsectionn (5) and (6), in any event not later than 90 days from the date on which the judgment and Framework Decision Certificate, to which the application relates, were forwarded to the Minister. | ||
(5) The period referred to in subsection (4) shall— | ||
(a) where section 34 (3) applies, be extended by a period equivalent to the period taken by the competent authority of an issuing state to complete or correct the Framework Decision Certificate as referred to in a notification under that section, | ||
(b) where section 34 (4) applies, be extended by a period equivalent to the period taken by the Minister to obtain a translation of the judgment to which the Framework Decision Certificate relates, | ||
(c) where subsection (2) applies, be extended by a period equivalent to the period for which an application may be adjourned to permit it to be made on notice to a sentenced person, | ||
(d) where section 38 (2) applies, be extended by a period equivalent to the period taken by the competent authority of an issuing state to provide the documentation or information referred to in that section, or | ||
(e) where section 40 (2) applies, be extended by a period equivalent to the period for which an application may be adjourned to permit it to be made on notice to a sentenced person. | ||
(6) Subsection (4) shall not apply where, for exceptional reasons, it is not practicable for the period of time specified in that subsection to be complied with. | ||
(7) Where an appropriate court makes a decision under subsection (1) to grant an application, the court shall take all such measures as are necessary to enforce the sentence and, in particular, may make an order under section 40 (3) or (5) adapting the sentence. |