(LRC Revised)

Number 20 of 2019

CRIMINAL JUSTICE (MUTUAL RECOGNITION OF PROBATION JUDGMENTS AND DECISIONS) ACT 2019

REVISED

Updated to 3 May 2023

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative

consolidation of the

Criminal Justice (Mutual Recognition of Probation Judgments and

Decisions) Act 2019

. It is prepared by the Law Reform Commission in accordance

with its function under the

Law Reform Commission Act 1975

(3/1975) to keep the

law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the

Patient Safety (Notifiable Incidents and Open

Disclosure) Act 2023

(10/2023), enacted 2 May 2023, and all statutory instruments

up to and including the

Criminal Justice (Mutual Recognition of Custodial Sentences)

Act 2023 (Commencement) Order 2023

(S.I. No. 213 of 2023), made 2 May 2023, were

considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

20

of

2019

CRIMINAL JUSTICE (MUTUAL

RECOGNITION OF PROBATION JUDGMENTS AND DECISIONS) ACT 2019

REVISED

Updated to 3 May 2023

CONTENTS

PART 1

Preliminary and General

Section

1. Short title and commencement

2. Interpretation

3. Application of Act

4. Designation of competent authorities

5. Provisions supplementary to section 4

6. Orders and regulations

7. Expenses

PART 2

Issuing State is Ireland

8. Application of Part 2

9. Definitions

10. Request for forwarding judgment in State, etc., to Member State competent authority

11. Forwarding of judgment in State, etc., to Member State competent authority

12. Withdrawal of Article 6 certificate

13. Consequences of recognition of judgment in State

14. Obligation to provide certain information to Member State competent authority

15. Transfer of jurisdiction back to State

PART 3

Executing State is Ireland

16. Application of Part 3

17. Interpretation

18. Corresponding offences

19. Probation measures and alternative sanctions to which Part 3 applies

20. Forwarding of judgment, etc., to competent authority in State

21. Consent to forwarding judgment, etc., where sentenced person not lawfully and

ordinarily residing in State

22. Forwarding of judgment, etc., to Minister

23. Consideration of judgment, etc.

24. Endorsement of judgment, etc., by appropriate court

25. Provisions applicable in cases of conditional release and suspended sentences

26. Time limits for decision

27. Notification of endorsement of judgment and, where applicable, probation decision

28. Recognition of judgment and probation decision

29. Obligation to provide certain information to competent authority in issuing state

30. No jurisdiction to take subsequent decisions in certain cases

31. Judgment not reviewable

32. Transfer of jurisdiction back to competent authority in issuing state

SCHEDULE

Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of

the principle of mutual recognition to judgments and probation decisions with a view

to the supervision of probation measures and alternative sanctions

Acts Referred to

Children Act 2001 (No. 24)

Criminal Justice (Community

Service) Act 1983 (No. 23)

Criminal Justice (Mutual

Assistance) Act 2008 (No. 7)

Criminal Justice Act 1960 (No.

27)

Criminal Justice Act 2006 (No.

26)

Misuse of Drugs Act 1977 (No.

12)

Prisons Act 1970 (No. 11)

Probation of Offenders Act 1907

(7 Edw. 7, c. 17)

Sex Offenders Act 2001 (No.

18)

Number

20

of

2019

CRIMINAL JUSTICE (MUTUAL

RECOGNITION OF PROBATION JUDGMENTS AND DECISIONS) ACT 2019

REVISED

Updated to 3 May 2023

An Act to give effect to Council Framework Decision 2008/947/JHA of 27 November 2008

1

on the application of the principle of mutual recognition to judgments and probation

decisions with a view to the supervision of probation measures and alternative sanctions,

as amended by Council Framework Decision 2009/299/JHA of 26 February 2009

2

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; and to provide for related matters.

[7

th July

, 2019]

Be it enacted by the Oireachtas

as follows

CONTENTS

PART 1

Preliminary and General

Section

1. Short title and commencement

2. Interpretation

3. Application of Act

4. Designation of competent authorities

5. Provisions supplementary to section 4

6. Orders and regulations

7. Expenses

PART 2

Issuing State is Ireland

8. Application of Part 2

9. Definitions

10. Request for forwarding judgment in State, etc., to Member State competent authority

11. Forwarding of judgment in State, etc., to Member State competent authority

12. Withdrawal of Article 6 certificate

13. Consequences of recognition of judgment in State

14. Obligation to provide certain information to Member State competent authority

15. Transfer of jurisdiction back to State

PART 3

Executing State is Ireland

16. Application of Part 3

17. Interpretation

18. Corresponding offences

19. Probation measures and alternative sanctions to which Part 3 applies

20. Forwarding of judgment, etc., to competent authority in State

21. Consent to forwarding judgment, etc., where sentenced person not lawfully and

ordinarily residing in State

22. Forwarding of judgment, etc., to Minister

23. Consideration of judgment, etc.

24. Endorsement of judgment, etc., by appropriate court

25. Provisions applicable in cases of conditional release and suspended sentences

26. Time limits for decision

27. Notification of endorsement of judgment and, where applicable, probation decision

28. Recognition of judgment and probation decision

29. Obligation to provide certain information to competent authority in issuing state

30. No jurisdiction to take subsequent decisions in certain cases

31. Judgment not reviewable

32. Transfer of jurisdiction back to competent authority in issuing state

SCHEDULE

Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of

the principle of mutual recognition to judgments and probation decisions with a view

to the supervision of probation measures and alternative sanctions

Number

20

of

2019