Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Act 2020

• Jurisdiction: Ireland
• Citation: IR No. 21/2020
• Year: 2020

• Full Act
• Act by Section
• Act As Enacted
• Amendments
• PDF annotated
• PDF unannotated

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Number 21 of 2020

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CRIMINAL JUSTICE (MUTUAL RECOGNITION OF DECISIONS ON SUPERVISION MEASURES) ACT 2020

REVISED

Updated to 3 May 2023

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This Revised Act is an administrative consolidation of the Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Act 2020. 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 21 of 2020

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CRIMINAL JUSTICE (MUTUAL RECOGNITION OF DECISIONS ON SUPERVISION MEASURES) ACT 2020

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 Decisions on Supervision Measures) Act 2020 (Commencement) Order 2021 (S.I. No. 15 of 2021)

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 21 of 2020

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CRIMINAL JUSTICE (MUTUAL RECOGNITION OF DECISIONS ON SUPERVISION MEASURES) ACT 2020

REVISED

Updated to 3 May 2023

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Acts Referred to

Bail Act 1997 (No. 16)

Criminal Procedure Act 1967 (No. 12)

European Arrest Warrant Act 2003 (No. 45)

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Number 21 of 2020

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CRIMINAL JUSTICE (MUTUAL RECOGNITION OF DECISIONS ON SUPERVISION MEASURES) ACT 2020

REVISED

Updated to 3 May 2023

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An Act to give effect to Council Framework Decision 2009/829/JHA of 23 October 2009¹ on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention; and to provide for related matters.

[26th November, 2020]

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 Decisions on Supervision Measures) Act 2020.

(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 (5.02.2021) by Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Act 2020 (Commencement) Order 2021 (S.I. No. 15 of 2021).

2. The 5th day of February 2021 is appointed as the day on which the Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Act 2020 (No. 21 of 2020) shall come into operation.

2

Interpretation

2. (1) In this Act—

“Act of 1967” means the Criminal Procedure Act 1967;

“Article 10 certificate”, in relation to a decision on supervision measures, means the certificate—

(a) provided for in Article 10 of the Framework Decision, and

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

that is required to accompany the decision;

“Central Authority” shall be read in accordance with section 5;

“enactment” means—

(a) an Act of the Oireachtas,

(b) a statute that was in force in Saorstát Éireann immediately before the date of coming into operation of the Constitution and that continued in force by virtue of Article 50 of the Constitution, or

(c) an instrument made under an Act of the Oireachtas or a statute referred to in paragraph (b);

“executing State” means a Member State—

(a) in which a decision on supervision measures is monitored, or

(b) to which a request to monitor a decision on supervision measures has been sent in accordance with the provisions of this Act;

“Framework Decision” means Council Framework Decision 2009/829/JHA of 23 October 2009 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention (the text of which is set out for ease of reference in the Schedule);

“General Secretariat” means the General Secretariat of the Council of the European Union;

“Minister” means the Minister for Justice and Equality.

(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

Means of transmission of document or information by Central Authority

3. Where the Central Authority is required by a provision of this Act to forward a document or information to the competent authority of a Member State, executing State or issuing State, he or she shall forward the document or information directly to the competent authority by any means capable of producing a record in writing of the document or information under conditions allowing such competent authority to establish the authenticity of that document or information.

4

Application of Act

4. The provisions of this Act shall apply in relation to an offence, whether committed or alleged to have been committed, before, on or after the commencement of those provisions.

5

Central Authority in State

5. (1) The Minister shall be the Central Authority in the State for the purposes of this Act.

(2) The Minister may, by order, designate such persons as he or she considers appropriate to perform such functions of the Central Authority in the State as are specified in the order and different persons may be so designated to perform different functions of the Central Authority in the State.

(3) For so long as an order under subsection (2) remains in force, a reference in this Act to the Central Authority in the State shall, in so far as it relates to the performance of a function specified in the order, be construed as a reference to the person designated by the order to perform the function concerned.

(4) The Minister shall, as soon as is practicable after the making of an order under this section, by notice in writing, inform the General Secretariat of the making of an order and of the names of the persons designated under the order.

6

Orders and regulations

6. (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.

(2) Without prejudice to any provision of this Act, regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) Every order (other than an order under section 1(2)) and regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House sits after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

7

Expenses

7. Any expenses incurred by the Minister in the administration of this Act shall, to...