Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023
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Transfer to State of enforcement of sentence | ||
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48. (1) Subject to subsection (2), the enforcement of a sentence shall be governed by the law of the State— | ||
(a) where the sentenced person is in the State and he or she is a person to whom section 43 (1) applies, from the date of the making of an order under that section, | ||
(b) where the sentenced person is a person in respect of whom a warrant under section 42 (1)(a) has been issued, from the date of the issuing of the warrant, and | ||
(c) where the sentenced person is in the issuing state, from the time he or she is delivered into the custody of a person authorised by the Minister to receive the sentenced person under a warrant issued under section 42 (1)(b). | ||
(2) Where a sentenced person escapes from custody and has not been retaken, the enforcement of the sentence shall revert to the issuing state upon receipt by the competent authority of an issuing state of notification by the Minister under paragraph (j) of section 50 . |