Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023
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Number 3 of 2023 | ||
CRIMINAL JUSTICE (MUTUAL RECOGNITION OF CUSTODIAL SENTENCES) ACT 2023 | ||
CONTENTS | ||
Preliminary and General | ||
Section | ||
4. Executing state presumed to comply with Framework Decision | ||
State as issuing state | ||
18. Provisional arrest where sentenced person in executing state | ||
19. Communications with executing state after judgment forwarded | ||
20. Consent of Minister to partial recognition and enforcement by executing state | ||
26. Arrest of sentenced person following escape from custody in executing state | ||
State as executing state | ||
50. Information to be given by Minister to competent authority of issuing state | ||
Conditional Release | ||
53. Conditional release of persons from prisons and related matters | ||
Amendment of Act of 1995 | ||
Amendment of Act of 2005 | ||
Miscellaneous | ||
77. Amendment of Criminal Justice (Mutual Assistance) Act 2008 | ||
78. Amendment of Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 | ||
79. Amendment of section 58 of Criminal Law (Sexual Offences) Act 2017 | ||
80. Amendment of section 8 of Criminal Justice (Victims of Crime) Act 2017 | ||
83. Amendment of Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 | ||
84. Amendment of Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Act 2020 | ||
Council Framework Decision 2008/909/JHA of 27 November 2008 as amended by Council Framework Decision 2009/299/JHA of 26 February 2009 | ||
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Acts Referred to | ||
Children Act 2001 (No. 24) | ||
Civil Law and Criminal Law (Miscellaneous Provisions) Act 2020 (No. 13) | ||
Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 (No. 11) | ||
Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Act 2020 (No. 21) | ||
Criminal Justice (Mutual Recognition of Probation Judgments and Decisions) Act 2019 (No. 20) | ||
Criminal Justice Act 1951 (No. 2) | ||
Criminal Justice Act 1960 (No. 27) | ||
Criminal Justice Act 2006 (No. 26) | ||
Criminal Justice Act 2007 (No. 29) | ||
Criminal Justice Administration Act 1914 (4 & 5 Geo. 5) c.58 | ||
Criminal Law (Insanity) Act 2006 (No. 11) | ||
Criminal Procedure Act 1993 (No. 40) | ||
European Arrest Warrant Act 2003 (No. 45) | ||
European Arrest Warrant Acts 2003 and 2012 | ||
Extradition Act 1965 (No. 17) | ||
Mental Health Act 2001 (No. 25) | ||
Parole Act 2019 (No. 28) | ||
Prisons Act 1970 (No. 11) | ||
Prisons Act 1972 (No. 7) | ||
Transfer of Sentenced Persons Acts 1995 and 1997 | ||
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Number 3 of 2023 | ||
CRIMINAL JUSTICE (MUTUAL RECOGNITION OF CUSTODIAL SENTENCES) ACT 2023 | ||
An Act to give effect to Council Framework Decision 2008/909/JHA of 27 November 20081 on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial; for that purpose to amend the European Arrest Warrant Act 2003 and other enactments; to confer a power on the Minister for Justice to direct the conditional release of certain persons serving sentences of imprisonment or persons being detained in a place provided under section 2 of the Prisons Act 1970 and, for that purpose, to amend the Criminal Justice Act 1960 and other enactments; to amend and extend the Transfer of Sentenced Persons Act 1995 ; to amend and extend the Transfer of Execution of Sentences Act 2005 ; to make provision for matters to which the Parole Board shall have regard in deciding whether to make a parole order in respect of a parole applicant upon whom a sentence was imposed by a court or tribunal in a state, other than the State, the enforcement of which has been transferred to the State and, for that and other purposes, to amend the Parole Act 2019 ; to give further effect to Council Framework Decision 2009/829/JHA of 23 October 20092 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention; for that purpose to amend the Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Act 2020 ; and to provide for related matters. | ||
[1st March, 2023] | ||
Be it enacted by the Oireachtas as follows: | ||
