Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023

Amendment of section 9 of Act of 1995

63. Section 9 of the Act of 1995 is amended—

(a) in subsection (1)—

(i) by the insertion of “(including as part of an application under section 7C)” after “at any time”,

(ii) by the substitution of “this Act and the Convention” for “the provisions of the Convention”,

(iii) by the insertion of “or a committal order” after “out of the State”, and

(iv) by the substitution of the following paragraph for paragraph (b):

“(b) in the case of a warrant issued under section 7(2) or a committal order, apply to the High Court for an order revoking, or varying the terms of, the warrant or committal order, as the case may be.”,

(b) by the substitution of the following subsection for subsection (2):

“(2) A sentenced person may in writing request the Minister to bring an application under subsection (1)(b) and the Minister shall bring the application unless, having regard to all the circumstances, he or she is satisfied that it is not necessary.”,

and

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

“(3) The High Court may, upon an application under subsection (1)(b), make an order revoking or varying the terms of a warrant or order referred to in that subsection if the court is satisfied that the revocation or variation is necessary for the purposes of this Act and the Convention.”.