Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023
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Effect of committal order | ||
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44. (1) Subject to subsections (3) and (4) and section 40 , the effect of a committal order shall be to authorise the continued enforcement in the State of a sentence (in its legal nature and duration) imposed in an issuing state and such an order shall— | ||
(a) where a sentenced person is to be committed to a prison, have the same force and effect as an order imposing a sentence of imprisonment following conviction by the court, | ||
(b) where a sentenced person is to be committed to a designated centre, have the same force and effect as an order by the court under section 5(2) of the Act of 2006 committing a person to such a centre, and | ||
(c) where a sentenced person is to be committed to a children detention school, have the same force and effect as an order imposing a sentence of detention in a children detention school following conviction by the court. | ||
(2) Without prejudice to the generality of subsection (1), the following shall apply in relation to a sentence which is to be enforced in the State as a result of the recognition of the judgment to which it relates— | ||
(a) section 17 (3) of the Criminal Justice Administration Act 1914 in respect of a sentenced person committed to a prison, | ||
(b) the power to commute or remit a punishment under section 23 of the Criminal Justice Act 1951 , | ||
(c) the power of the Minister to give a direction that a sentenced person be released from prison for a temporary period under section 2 of the Act of 1960 or be released for such period as may be specified by the Minister under section 2A of that Act, | ||
(d) the power of the Parole Board to make a parole order under section 27 of the Parole Act 2019 in respect of a sentenced person, and | ||
(e) in so far as the period served by a sentenced person in a place of detention on foot of a warrant issued under section 35 (1), 42 (1)(a) or (b) and a committal order is concerned, the rules or practice whereby sentenced persons generally may earn remission of sentences by industry or good conduct. | ||
(3) A person, in respect of whom a warrant is issued under section 35 (1), 42 (1)(a) or (b) or a committal order is made, shall not be entitled to bring any appeal in the State against the conviction or the sentence imposed in the issuing state. | ||
(4) The Criminal Procedure Act 1993 shall not apply to a person in respect of whom an order under section 43 (1) has been made, a warrant is issued under section 42 (1)(a) or (b) or a committal order is made in so far as the conviction or sentence imposed in the issuing state is concerned. |