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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. 12: In page 9, lines 8 and 9, to delete “this Act” and substitute “Part 2or 3or section 52”.

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

James Browne: I move amendment No. 13: In page 9, line 14, to delete “this Act” and substitute “Part 2or 3or section 52”.

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

James Browne: I move amendment No. 14: In page 9, line 28, to delete “this Act” and substitute “Parts 1to 3 and section 52”.

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

James Browne: I move amendment No. 15: In page 9, line 35, to delete “Minister of Public Expenditure and Reform” and substitute “Minister for Public Expenditure, National Development Plan Delivery and Reform”.

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

James Browne: I move amendment No. 16: In page 11, after line 40, to insert the following: “(3) The Minister shall, at the request of the competent authority of an executing state, make all reasonable efforts to provide such information in connection with the transfer to the executing state of the sentenced person as may be specified in the request to— (a) the sentenced person, or (b)...

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

James Browne: Victim notification is covered by amendment No. 67. I will speak to the amendment when it is reached.

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

James Browne: I move amendment No. 17: In page 14, between lines 5 and 6, to insert the following: “(d) the Minister is satisfied that reasonable steps have been taken to inform the sentenced person in writing in a language that he or she understands of the substance of the arrangements in accordance with which it is proposed to transfer him or her,”.

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

James Browne: I move amendment No. 18: In page 16, line 29, to delete “Act” and substitute “Part”.

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

James Browne: I move amendment No. 19: In page 17, line 29, to delete “Act” and substitute “Part”.

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

James Browne: I move amendment No. 20: In page 17, between lines 34 and 35, to insert the following: “(5) Where, before the coming into operation of section 53, a warrant was issued in respect of a person under section 45B of the Act of 2003, a reference in this section to the order by virtue of which he or she is required to be detained at the time a warrant is issued shall include a reference...

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

James Browne: I move amendment No. 21: In page 26, line 8, after “bail” to insert “for a period not exceeding 18 days”.

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

James Browne: I move amendment No. 22: In page 26, line 12, after “custody” to insert “or the terms of his or her bail”.

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...

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