Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023

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PART 5

Amendment of Act of 1995

Amendment of section 1 of Act of 1995

57. Section 1 of the Act of 1995 is amended—

(a) in subsection (1)—

(i) in the definition of “sentence” by the substitution of “a criminal offence and includes a punishment or measure that includes a limited or unlimited period of time that is served otherwise than in custody” for “the commission of an offence”, and

(ii) by the insertion of the following definitions:

“‘Act of 2006’ means the Criminal Law (Insanity) Act 2006 ;

‘children detention school’ has the same meaning as it has in section 3 (1) of the Children Act 2001 ;

‘committal order’ has the meaning assigned to it by section 7A(1);

‘deductible period’, in relation to a sentenced person, means—

(a) the period spent by the person in custody in the State on foot of a warrant issued under section 7(2) awaiting the making of a committal order, and

(b) the period (if any) of the sentence indicated by a sentencing state to be deducted from the total length of the sentence—

(i) in respect of an amnesty, pardon, clemency or other such decision granted by the sentencing state in relation to the sentence, and

(ii) in respect of any other reduction (including a period of remission of sentence) in relation to the part of the sentence which has been served by the person in that state;

‘designated centre’ has the same meaning as it has in section 1 of the Act of 2006;

‘place of detention’ means—

(a) a prison,

(b) a designated centre, or

(c) a children detention school;

‘prison’ means a place of custody (other than a Garda Síochána station) administered by or on behalf of the Minister and includes a place—

(a) provided under section 2 of the Prisons Act 1970 , and

(b) specified under section 3 of the Prisons Act 1972 ;”,

and

(b) by the insertion of the following subsection after subsection (2):

“(3) For the purposes of this Act, an offence under the law of the sentencing state corresponds to an offence under the law of the State where the act or omission constituting the offence under the law of the sentencing state would, if committed in the State, constitute an offence under the law of the State.”.