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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. 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...

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

James Browne: I move amendment No. 43: In page 34, line 19, to delete “by the State of a sentence imposed by” and substitute “in the State of a sentence (in its legal nature and duration) imposed in”.

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

James Browne: I move amendment No. 44: In page 34, lines 38 and 39, to delete “Criminal Justice Act 1960” and substitute “Act of 1960 or be released for such period as may be specified by the Minister under section 2A of that Act”.

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

James Browne: I move amendment No.1: In page 5, line 16, after “enactments;” to insert the following: “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...

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

James Browne: I move amendment No. 2: In page 5, between lines 24 and 25, to insert the following: “(3) The Transfer of Sentenced Persons Acts 1995 and 1997 and Part 5* may be cited together as the Transfer of Sentenced Persons Acts 1995 to 2023.”. These amendments are grouped for discussion and cover minor administrative, technical and typographical matters.

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

James Browne: I move amendment No. 3: In page 6, between lines 2 and 3, to insert the following: “ “Act of 1960” means the Criminal Justice Act 1960; “Act of 1995” means the Transfer of Sentenced Persons Act 1995;”

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

James Browne: I move amendment No. 4: In page 6, between lines 3 and 4, to insert the following: “ “Act of 2005” means the Transfer of Execution of Sentences Act 2005;”.

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

James Browne: I move amendment No. 5: In page 7, line 15, after “Union,” to insert “and”. These amendments were noted during Committee Stage discussions and modify the definition of member state to exclude the non-EU Schengen states. This amendment has been made following consultation with the European Commission on the currently applicable scope of the framework...

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

James Browne: I move amendment No. 6: In page 7, to delete lines 16 to 20.

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