Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023

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Rule of specialty (Part 3)

47. (1) This section applies to a sentenced person who has been transferred to the State under this Part.

(2) A person to whom this section applies shall not be proceeded against, sentenced or detained for the purpose of enforcing a sentence (other than the sentence for which he or she was transferred), or otherwise restricted in his or her personal liberty in respect of an offence except in the following cases—

(a) where a period of at least 45 days has expired from the date of his or her final discharge in respect of the sentence for which he or she was transferred and during such period being free to leave the State—

(i) he or she remains in the State, or

(ii) he or she, having left the State, returns thereto (whether during that period or later),

(b) where upon conviction in respect of the offence concerned he or she is not liable to a term of imprisonment or detention or a penalty consisting of a restriction in his or her personal liberty,

(c) where upon conviction in respect of the offence concerned he or she is liable to a penalty (other than a penalty referred to in paragraph (b)), including a financial penalty, notwithstanding that where he or she fails or refuses to pay the penalty concerned (or, in the case of a penalty that is not a financial penalty, fails or refuses to submit to any measure to comply with any requirements of which the penalty consists) he or she may be liable to a term of imprisonment or detention or a penalty consisting of a restriction in his or her personal liberty,

(d) where he or she consented to the transfer,

(e) where after the transfer he or she voluntarily and before the appropriate court gives his or her consent to being so proceeded against, to such a penalty being imposed, or being so detained or restricted in his or her personal liberty, and is fully aware of the consequences of so doing and he or she obtained or was afforded the opportunity of obtaining, or being provided with, professional legal advice in relation to the matters to which this section relates before he or she gives that consent, or

(f) with the consent of the competent authority of the issuing state, in response to a request.

(3) The appropriate court may, upon an application made by or on behalf of the Director of Public Prosecutions, where the court is satisfied that—

(a) a domestic warrant has been issued for the arrest of the person but has not been executed, and

(b) a term of imprisonment or detention has been imposed on the person in respect of the offence concerned and the person is required to serve all or part of that term of imprisonment or detention, or, as the case may be, the person would, if convicted of the offence concerned, be liable to a term of imprisonment or detention,

issue a request, in accordance with subsection (4), in respect of a sentenced person who has been transferred to the State, for the consent of the competent authority of the issuing state to—

(i) the bringing of proceedings against the person in the State in respect of the offence to which the warrant relates,

(ii) the enforcement of a sentence or order of detention in respect of the offence to which the warrant relates, or

(iii) the imposition in the State of the term of imprisonment or detention, as the case may be, in respect of the offence to which the warrant relates.

(4) A request shall specify—

(a) the name and nationality of the sentenced person to whom it relates,

(b) the name, address, fax number (if any) and email address of the relevant court office that issued the domestic warrant to which the request relates,

(c) the offence to which the request relates including a description thereof,

(d) that a conviction or sentence is immediately enforceable against the sentenced person, or that a warrant for his or her arrest has been issued in respect of that offence,

(e) the circumstances in which the offence was committed or is alleged to have been committed, including the time and place of its commission or alleged commission, and the degree of involvement or alleged degree of involvement of the sentenced person in the commission of the offence, and

(f) (i) the penalties to which the sentenced person would, if convicted of the offence be liable,

(ii) where the sentenced person has been convicted of the offence and a sentence has been imposed in respect thereof, the penalties of which that sentence consists, and

(iii) where the sentenced person has been convicted of the offence specified therein but has not yet been sentenced, the penalties to which he or she is liable in respect of the offence.

(5) The Minister shall—

(a) forward a request to the competent authority of the issuing state, and

(b) provide the competent authority of the issuing state to which a request is forwarded with a translation of the request in a relevant language of the issuing state.

(6) In this section—

“domestic warrant” means a warrant (other than a warrant issued under section 35 (1) or section 42 (1)) issued for the arrest of a person by a court in the State;

“offence” means, in relation to a sentenced person, an offence (other than an offence in respect of which he or she has been transferred to the State to serve the sentence in relation to) under the law of the State committed before his or her transfer to the State;

“relevant court office”, in respect of a domestic warrant, means—

(a) where the domestic warrant was issued by the District Court, the District Court Office for the district in which the court was sitting when it issued the warrant,

(b) where the domestic warrant was issued by the Circuit Court, the Circuit Court Office of the county in which the court was sitting when it issued the warrant,

(c) where the domestic warrant was issued by the High Court, the Central Office of that court, and

(d) where the domestic warrant was issued by the Special Criminal Court, the Registrar of that court;

“request” means a request issued by the appropriate court under subsection (3).