(LRC Revised)

Number 3 of 2023

CRIMINAL JUSTICE (MUTUAL RECOGNITION OF CUSTODIAL SENTENCES) ACT 2023

REVISED

Updated to 23 July 2024

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 Custodial

Sentences) Act 2023

. 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

Courts, Civil Law, Criminal Law and

Superannuation (Miscellaneous Provisions) Act 2024

(30/2024), enacted 23 July

2024, and all statutory instruments up to and including the

European Union (Hague

Maintenance Convention) (Amendment) Regulations 2024

(S.I. No. 381 of 2024), made

23 July 2024, 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

3

of

2023

CRIMINAL JUSTICE (MUTUAL

RECOGNITION OF CUSTODIAL SENTENCES) ACT 2023

REVISED

Updated to 23 July

2024

CONTENTS

PART 1

Preliminary and General

Section

1. Short title, collective citations

and commencement

2. Interpretation

3. Application of Act

4. Executing state presumed to

comply with Framework Decision

5. Competent authorities in

State

6. Transmission of

documents

7. Annual report to Houses of

Oireachtas

8. Expenses

PART 2

State as issuing state

9. Interpretation (Part

2)

10. Application to forward

judgment

11. Information to be provided to

notification parties

12. Opinion of sentenced

person

13. Consent of sentenced

person

14. Consent of executing

state

15. Consultation with executing

state

16. Decision to forward

judgment

17. Forwarding of

judgment

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

21. Withdrawal of consent of

sentenced person

22. Transfer warrant

23. Transfer of sentenced

person

24. Transfer of enforcement of

sentence

25. Continuation in effect of

original order

26. Arrest of sentenced person

following escape from custody in executing state

27. Rule of specialty (Part

2)

28. Withdrawal of Framework

Decision Certificate

29. Cessation of enforcement of

sentence

PART 3

State as executing state

30. Interpretation (Part

3)

31. Corresponding

offences

32. Consent to forwarding

judgment

33. Provision of reasoned opinion

to issuing state

34. Forwarding of judgment to

Minister

35. Provisional arrest where

sentenced person in State

36. Power of adjournment and

remand

37. Application for recognition

and enforcement

38. Grounds for refusal to

recognise and enforce

39. Partial recognition and

enforcement

40. Adaptation

41. Enforcement of sentence in

respect of fewer offences

42. Warrant on foot of

recognition

43. Committal order

44. Effect of committal

order

45. Operation of warrants and

orders

46. Revocation and variation of

warrants and orders

47. Rule of specialty (Part

3)

48. Transfer to State of

enforcement of sentence

49. Cessation of enforcement of

sentence by State

50. Information to be given by

Minister to competent authority of issuing state

PART 4

Conditional Release

51. Amendment of section 1 of Act

of 1960

52. Amendment of section 2 of Act

of 1960

53. Conditional release of persons

from prisons and related matters

54. Amendment of section 4 of Act

of 1960

55. Amendment of section 5 of Act

of 1960

56. Amendment of section 6 of Act

of 1960

PART 5

Amendment of Act of 1995

57. Amendment of section 1 of Act

of 1995

58. Amendment of section 4 of Act

of 1995

59. Amendment of section 5 of Act

of 1995

60. Amendment of section 6 of Act

of 1995

61. Amendment of section 7 of Act

of 1995

62. Committal order and related

matters

63. Amendment of section 9 of Act

of 1995

PART 6

Amendment of Act of 2005

64. Amendment of section 1 of Act

of 2005

65. Amendment of section 7 of Act

of 2005

66. Amendment of section 8 of Act

of 2005

67. Identification procedures for

purpose under Act

68. Amendment of section 10 of Act

of 2005

69. Effect of committal order and

related matters

70. Repeal of section 11 of Act of

2005

71. Amendment of section 12 of Act

of 2005

PART 7

Miscellaneous

72. Identification

procedures

73. Transit

74. Amendment of section 151 of

Children Act 2001

75. Amendment of Act of

2003

76. Amendment of section 25 of

Criminal Justice Act 2007

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

81. Amendment of Parole Act

2019

82. Amendment of Act of

2019

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

85. Declaration of state to be

Member State

86. Transitional

provision

SCHEDULE

Council Framework Decision 2008/909/JHA of 27 November 2008 as

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

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 Assistance) Act

2008

(No. 7)

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 (Release of Prisoners)

Act 1998

(No. 36)

Criminal Justice (Victims of Crime) Act

2017

(No. 28)

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 Law (Sexual Offences) Act

2017

(No. 2)

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)

International Criminal Court Act

2006

(No. 30)

Mental Health Act 2001

(No. 25)

Parole Act 2019

(No. 28)

Prisons Act 1970

(No. 11)

Prisons Act 1972

(No. 7)

Transfer of Execution of Sentences Act

2005

(No. 28)

Transfer of Sentenced Persons Act

1995

(No. 16)

Transfer of Sentenced Persons

Acts 1995 and 1997

Number

3

of

2023

CRIMINAL JUSTICE (MUTUAL

RECOGNITION OF CUSTODIAL SENTENCES) ACT 2023

REVISED

Updated to 23 July 2024

An Act to give effect to Council

Framework Decision 2008/909/JHA of 27 November 2008

1

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 2009

2

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.

[1

st March,

2023]

Be it enacted by the Oireachtas

as follows

CONTENTS

PART 1

Preliminary and General

Section

1. Short title, collective citations

and commencement

2. Interpretation

3. Application of Act

4. Executing state presumed to

comply with Framework Decision

5. Competent authorities in

State

6. Transmission of

documents

7. Annual report to Houses of

Oireachtas

8. Expenses

PART 2

State as issuing state

9. Interpretation (Part

2)

10. Application to forward

judgment

11. Information to be provided to

notification parties

12. Opinion of sentenced

person

13. Consent of sentenced

person

14. Consent of executing

state

15. Consultation with executing

state

16. Decision to forward

judgment

17. Forwarding of

judgment

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

21. Withdrawal of consent of

sentenced person

22. Transfer warrant

23. Transfer of sentenced

person

24. Transfer of enforcement of

sentence

25. Continuation in effect of

original order

26. Arrest of sentenced person

following escape from custody in executing state

27. Rule of specialty (Part

2)

28. Withdrawal of Framework

Decision Certificate

29. Cessation of enforcement of

sentence

PART 3

State as executing state

30. Interpretation (Part

3)

31. Corresponding

offences

32. Consent to forwarding

judgment

33. Provision of reasoned opinion

to issuing state

34. Forwarding of judgment to

Minister

35. Provisional arrest where

sentenced person in State

36. Power of adjournment and

remand

37. Application for recognition

and enforcement

38. Grounds for refusal to

recognise and enforce

39. Partial recognition and

enforcement

40. Adaptation

41. Enforcement of sentence in

respect of fewer offences

42. Warrant on foot of

recognition

43. Committal order

44. Effect of committal

order

45. Operation of warrants and

orders

46. Revocation and variation of

warrants and orders

47. Rule of specialty (Part

3)

48. Transfer to State of

enforcement of sentence

49. Cessation of enforcement of

sentence by State

50. Information to be given by

Minister to competent authority of issuing state

PART 4

Conditional Release

51. Amendment of section 1 of Act

of 1960

52. Amendment of section 2 of Act

of 1960

53. Conditional release of persons

from prisons and related matters

54. Amendment of section 4 of Act

of 1960

55. Amendment of section 5 of Act

of 1960

56. Amendment of section 6 of Act

of 1960

PART 5

Amendment of Act of 1995

57. Amendment of section 1 of Act

of 1995

58. Amendment of section 4 of Act

of 1995

59. Amendment of section 5 of Act

of 1995

60. Amendment of section 6 of Act

of 1995

61. Amendment of section 7 of Act

of 1995

62. Committal order and related

matters

63. Amendment of section 9 of Act

of 1995

PART 6

Amendment of Act of 2005

64. Amendment of section 1 of Act

of 2005

65. Amendment of section 7 of Act

of 2005

66. Amendment of section 8 of Act

of 2005

67. Identification procedures for

purpose under Act

68. Amendment of section 10 of Act

of 2005

69. Effect of committal order and

related matters

70. Repeal of section 11 of Act of

2005

71. Amendment of section 12 of Act

of 2005

PART 7

Miscellaneous

72. Identification

procedures

73. Transit

74. Amendment of section 151 of

Children Act 2001

75. Amendment of Act of

2003

76. Amendment of section 25 of

Criminal Justice Act 2007

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

81. Amendment of Parole Act

2019

82. Amendment of Act of

2019

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

85. Declaration of state to be

Member State

86. Transitional

provision

SCHEDULE

Council Framework Decision 2008/909/JHA of 27 November 2008 as

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

Number

3

of

2023