Criminal Justice (Mutual Recognition of Probation Judgements and Decisions) Act 2019

• Jurisdiction: Ireland
• Citation: IR No. 20/2019
• Year: 2019

• Full Act
• Act by Section
• Act As Enacted
• Amendments
• PDF annotated
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Number 20 of 2019

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CRIMINAL JUSTICE (MUTUAL RECOGNITION OF PROBATION JUDGMENTS AND DECISIONS) ACT 2019

REVISED

Updated to 3 May 2023

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This Revised Act is an administrative consolidation of the Criminal Justice (Mutual Recognition of Probation Judgments and Decisions) Act 2019. 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 Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2023), enacted 2 May 2023, and all statutory instruments up to and including the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (Commencement) Order 2023 (S.I. No. 213 of 2023), made 2 May 2023, 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.

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Number 20 of 2019

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CRIMINAL JUSTICE (MUTUAL RECOGNITION OF PROBATION JUDGMENTS AND DECISIONS) ACT 2019

REVISED

Updated to 3 May 2023

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Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

This Act is not collectively cited with any other Act.

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

• Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (3/2023)

• Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022)

All Acts up to and including Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2023), enacted 2 May 2023, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

• Criminal Justice (Mutual Recognition of Probation Judgments and Decisions) Act 2019 (Commencement) Order 2019 (S.I. No. 469 of 2019)

All statutory instruments up to and including Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (Commencement) Order 2023 (S.I. No. 213 of 2023), made 2 May 2023, were considered in the preparation of this revision.

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Number 20 of 2019

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CRIMINAL JUSTICE (MUTUAL RECOGNITION OF PROBATION JUDGMENTS AND DECISIONS) ACT 2019

REVISED

Updated to 3 May 2023

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Acts Referred to

Children Act 2001 (No. 24)

Criminal Justice (Community Service) Act 1983 (No. 23)

Criminal Justice (Mutual Assistance) Act 2008 (No. 7)

Criminal Justice Act 1960 (No. 27)

Criminal Justice Act 2006 (No. 26)

Misuse of Drugs Act 1977 (No. 12)

Prisons Act 1970 (No. 11)

Probation of Offenders Act 1907 (7 Edw. 7, c. 17)

Sex Offenders Act 2001 (No. 18)

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Number 20 of 2019

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CRIMINAL JUSTICE (MUTUAL RECOGNITION OF PROBATION JUDGMENTS AND DECISIONS) ACT 2019

REVISED

Updated to 3 May 2023

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An Act to give effect to Council Framework Decision 2008/947/JHA of 27 November 2008¹ on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009² 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; and to provide for related matters.

[7th July, 2019]

Be it enacted by the Oireachtas as follows:

PART 1

Preliminary and General

1

Short title and commencement

1. (1) This Act may be cited as the Criminal Justice (Mutual Recognition of Probation Judgments and Decisions) Act 2019.

(2) This Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

Annotations:

Editorial Notes:

E1

Power pursuant to subs. (2) exercised (23.09.2019) by Criminal Justice (Mutual Recognition of Probation Judgments and Decisions) Act 2019 (Commencement) Order 2019 (S.I. No. 469 of 2019).

2. The 23rd day of September 2019 is appointed as the day on which the Criminal Justice (Mutual Recognition of Probation Judgments and Decisions) Act 2019 (No. 20 of 2019) shall come into operation.

2

Interpretation

2. (1) In this Act—

“Act of 2006” means the Criminal Justice Act 2006;

“appropriate court” means—

(a) where an application is made under section 23(1)(a) in relation to a judgment and, where applicable, the probation decision in respect of an offence which would, if dealt with under the law of the State, have been required to be tried by the Central Criminal Court, the High Court, and

(b) in any other case, the Circuit Court;

“Article 6 certificate” means the certificate—

(a) provided for in Article 6 of the Framework Decision, and

(b) the standard form of which is set out in Annex I to the Framework Decision;

“Framework Decision” means Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions, 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 (the text of which Council Framework Decision 2008/947/JHA, as so amended, is set out for ease of reference in the Schedule);

“Member State competent authority”, in relation to a Member State (other than the State), means the authority designated by that Member State to be the competent authority in that Member State for the purposes of the Framework Decision;

“Minister” means the Minister for Justice and Equality;

“prescribed” means prescribed by regulations made by the Minister;

“probation measure” includes a probation period;

“section 2 of the Act of 1960” means section 2 of the Criminal Justice Act 1960.

(2) A word or expression that is used in this Act and is also used in the Framework Decision has, unless the context otherwise requires, the same meaning in this Act as it has in the Framework Decision.

3

Application of Act

3. F1[(1)] The provisions of this Act shall not apply in relation to a judgment given before the commencement of those provisions.

F1[(2) Nothing in this Act shall operate to prejudice—

(a) the power of the Minister under Part 2 of the Act of 2023 to forward a judgment (within the meaning of that Act) to the competent authority of an executing state (within the meaning of that Act), and

(b) the power of the Minister to make an application under Part 3 of the Act of 2023 in respect of a judgment (within the meaning of that Act).

(3) In this section, "Act of 2023" means the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023.]

Annotations:

Amendments:

F1

Inserted (3.05.2023) by Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (3/2023), s. 82(a), (b), S.I. No. 213 of 2023.

4

Designation of competent authorities

4. (1) Subject to subsection (2), the Minister is designated as the competent authority in the State for the purposes of the Framework Decision.

(2) The appropriate court is designated as the competent authority in the State for the purposes of—

(a) Article 14 of the Framework Decision (but excluding any provision of that Article relating to the revocation of the decision on conditional release), and

(b) Article 20 of the Framework Decision in so far as it relates to subsequent decisions referred to in Article 14 of the Framework Decision (but excluding any provision of either Article relating to the revocation of the decision on conditional release).

(3) For the avoidance of doubt, the Minister is not acting in his or her capacity as the competent authority in the State for the purposes of the Framework Decision in performing his or her functions under section 1(2), 5...