Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023

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Committal order

43. (1) Upon the grant by an appropriate court of an application in respect of a sentenced person in the State—

(a) brought before the court under subsection (5) of section 35 at the same time as the section 34 certificate is produced in accordance with that subsection,

(b) before the court, by reason of having been remanded under section 36 , at the same time as, or at any time after, the section 34 certificate is produced in accordance with section 35 (5), or

(c) before the court by reason of his or her being put on notice under section 37 (2) of the application,

the court shall make an order for the purpose of enforcement of the sentence committing the sentenced person to a place of detention.

(2) The appropriate court shall, on application by or on behalf of the Minister, in respect of a sentenced person who is—

(a) arrested under a warrant issued under section 42 (1)(a), or

(b) brought into the State under a warrant issued under section 42 (1)(b),

make an order for the purpose of enforcement of the sentence, not later than 21 days after the sentenced person is arrested or brought into the State, as the case may be, committing the sentenced person to a place of detention.

(3) An application under subsection (2) shall—

(a) be brought by the Minister after a sentenced person is arrested under warrant issued under section 42 (1)(a), or brought into the State under a warrant issued under section 42 (1)(b), as the case may be, and

(b) be made on notice to the sentenced person.

(4) Where, for any reason, the appropriate court is unable to make an order under subsection (2) within the period referred to in that subsection, the period may be extended by such reasonable period as may be required by the court for that purpose.

(5) A sentenced person may continue to be detained or otherwise restricted in his or her personal liberty pursuant to a warrant issued under section 42 (1)(a) or (b), as the case may be, notwithstanding that the period referred to in subsection (2) is extended under subsection (4).

(6) The period for which a sentenced person may be committed to a place of detention in a committal order shall, subject to subsection (7), be a period equal to—

(a) in the case of a person who served part of the sentence concerned (including where the sentence is adapted in accordance with section 40 (3) or (5) or both), the period of the sentence less—

(i) the period of the sentence actually served by the person in the issuing state, and

(ii) the deductible period,

or

(b) in the case of any other person, the period of the sentence (including where the sentence is adapted in accordance with section 40 (3) or (5) or both) less the deductible period.

(7) In determining the period for which a sentenced person may be committed to a place of detention in a committal order—

(a) the appropriate court shall not have regard to the provisions of law of the issuing state under which the sentenced person is entitled to early or conditional release, and

(b) where by operation of law of the issuing state the sentenced person would be entitled, other than in accordance with paragraph (a), to be released from custody, whether under licence or otherwise, at a specified time having served a specified portion of the sentence—

(i) the appropriate court shall treat such release as a measure relating to the administration of the sentence, and

(ii) the sentence shall be treated as a sentence to be spent in custody or other detention for the full period.

(8) Where a committal order is made in respect of a sentenced person who has been sentenced to a term of imprisonment for life in an issuing state, the order shall specify that the person is to be committed for imprisonment for life irrespective of whether his or her eligibility for early or conditional release (including parole) in the issuing state was—

(a) restricted for the whole term of the sentence, or

(b) conditional on his or her having served a specified term of imprisonment as a result of—

(i) a decision or order by the court or tribunal that imposed the sentence,

(ii) the operation of law of the issuing state, or

(iii) a decision of a body in the issuing state, other than a body referred to in subparagraph (i), on whom a power to make such a decision has been conferred by law.

(9) Notwithstanding subsection (6), the period for which a sentenced person may be committed to a place of detention in a committal order may exceed the period for which he or she could lawfully have been detained or otherwise had his or her personal liberty restricted in custody in the issuing state.