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Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021: Report and Final Stages (8 Feb 2023)

James Browne: I move amendment No. 23: In page 26, line 33, after “sentence” to insert “(in its legal nature and duration)”.

Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021: Report and Final Stages (8 Feb 2023)

James Browne: I move amendment No. 24: In page 30, line 29, after “(5)” to insert “or both”.

Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021: Report and Final Stages (8 Feb 2023)

James Browne: I move amendment No. 25: In page 30, to delete lines 30 to 32 and substitute the following: “(2) An application under subsection (1)may be made ex parteother than where— (a) the sentenced person is in the State, or (b) the appropriate court directs that it is in the interests of justice that it be made on notice to the sentenced person.”.

Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021: Report and Final Stages (8 Feb 2023)

James Browne: I move amendment No. 26: In page 30, line 33, to delete “by the” and substitute “in the”.

Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021: Report and Final Stages (8 Feb 2023)

James Browne: I move amendment No. 27: In page 30, line 38, to delete “by” and substitute “in”.

Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021: Report and Final Stages (8 Feb 2023)

James Browne: I move amendment No. 28: In page 31, line 3, to delete “by the” and substitute “in the”.

Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021: Report and Final Stages (8 Feb 2023)

James Browne: I move amendment No. 29: In page 31, to delete lines 7 to 17 and substitute the following: “(6) The duration of a sentence adapted under subsection (5)shall, as far as practicable, correspond to the duration of the sentence imposed in the issuing state and shall not, in any event, either— (a) aggravate it, or (b) exceed the maximum penalty prescribed by the law of the...

Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021: Report and Final Stages (8 Feb 2023)

James Browne: I move amendment No. 30: In page 31, to delete lines 25 to 38 and substitute the following: “(9) A sentence shall not be taken by its legal nature to be incompatible with the law of the State by reason only of— (a) the duration of the sentence imposed in an issuing state, (b) any provisions of law of the issuing state in respect of early or conditional release which...

Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021: Report and Final Stages (8 Feb 2023)

James Browne: I move amendment No. 31: In page 33, to delete line 15 and substitute the following: “(3) An application under subsection (2)shall— (a) be brought by the Minister after a sentenced person is arrested under warrant issued under section 42(1)(a), or brought into the State under a warrant issued under section 42(1)(b), as the case may be, and (b) be made on notice to the...

Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021: Report and Final Stages (8 Feb 2023)

James Browne: I move amendment No. 32: In page 33, line 16, after “Where” to insert “, for any reason,”.

Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021: Report and Final Stages (8 Feb 2023)

James Browne: I move amendment No. 33: In page 33, lines 18 to 20, to delete all words from and including “and” in line 18 down to and including “period” in line 20.

Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021: Report and Final Stages (8 Feb 2023)

James Browne: I move amendment No. 34: In page 33, line 26, to delete “and section 40(6)”.

Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021: Report and Final Stages (8 Feb 2023)

James Browne: I move amendment No. 35: In page 33, line 28, after “concerned” to insert “(including where the sentence is adapted in accordance with section 40(3) or (5) or both)”.

Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021: Report and Final Stages (8 Feb 2023)

James Browne: I move amendment No. 36: In page 33, line 34, after “sentence” to insert “(including where the sentence is adapted in accordance with section 40(3)or (5)or both)”.

Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021: Report and Final Stages (8 Feb 2023)

James Browne: I move amendment No. 37: In page 33, line 39, after “release,” to insert “and”.

Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021: Report and Final Stages (8 Feb 2023)

James Browne: I move amendment No. 38: In page 34, to delete lines 1 to 4.

Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021: Report and Final Stages (8 Feb 2023)

James Browne: I move amendment No. 39: In page 34, line 5, to delete “without prejudice to the generality of paragraph (a)or (b),”.

Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021: Report and Final Stages (8 Feb 2023)

James Browne: I move amendment No. 40: In page 34, line 6, after “entitled” to insert “, other than in accordance with paragraph (a),”.

Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021: Report and Final Stages (8 Feb 2023)

James Browne: I move amendment No. 41: In page 34, line 10, to delete “, and not the legal nature or duration,”.

Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021: Report and Final Stages (8 Feb 2023)

James Browne: I move amendment No. 42: In page 34, between lines 12 and 13, to insert the following: “(8) Where a committal order is made in respect of a sentenced person who has been sentenced to a term of imprisonment for life in an issuing state, the order shall specify that the person is to be committed for imprisonment for life irrespective of whether his or her eligibility for early or...

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