Oireachtas Joint and Select Committees

Wednesday, 10 November 2021

Select Committee on Justice and Equality

Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021: Committee Stage

Photo of James BrowneJames Browne (Wexford, Fianna Fail) | Oireachtas source

I move amendment No. 3:

In page 24, between lines 18 and 19, to insert the following: "(7) Where a court or person employed by, or acting for or on behalf of, the public administration of the State receives a judgment and a Framework Decision Certificate in respect of the judgment directly from the competent authority of an issuing state, the court or person, as the case may be, shall—
(a) as soon as practicable send or arrange for the sending of, the judgment and the Framework Decision Certificate to the Minister, and

(b) as soon as practicable so inform the competent authority of the issuing state by any means capable of producing a record in writing.
(8) For the purposes of this Part, the sending of a judgment and Framework Decision Certificate to the Minister under subsection (7)(a)shall be deemed to constitute the forwarding of the documents.".

This is a technical administrative amendment. It provides for situations where a judgment is forwarded to the incorrect State authority, for example, directly to the Director of Public Prosecutions, DPP, or the courts. It provides for the State authority to send it to the Minister and provides that the time only runs for the applicable deadlines from the point it is actually sent to the Minister. In a case where person somebody from another state inadvertently sends it to the DPP or the courts, the time would not run until it is conveyed on to the Minister.

Comments

No comments

Log in or join to post a public comment.