Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023

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PART 6

Amendment of Act of 2005

Amendment of section 1 of Act of 2005

64. Section 1(1) of the Act of 2005 is amended—

(a) by the substitution of the following definition for the definition of “sentence”:

“‘sentence’ means a punishment or measure involving deprivation of liberty ordered by a court or tribunal for a limited or unlimited period of time on account 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;”,

and

(b) 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 10(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 8 or 9 awaiting the making of a committal order, and

(b) the period (if any) of the sentence indicated by a sentencing country 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 country 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 country;

‘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 ;”.