Criminal Justice (Mutual Recognition of Custodial Sentences) Bill 2021: Report and Final Stages
Dail Éireann — 2023-02-08
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James Browne (FF), Wexford

I move amendment No. 67:
In page 45, after line 38, to insert the following:
"Amendment of section 8 of Criminal Justice (Victims of Crime) Act 2017
57. Section 8(2)(m) of the Criminal Justice (Victims of Crime) Act 2017 is amended—
(a) by the insertion of the following subparagraph after subparagraph (ii):
"(iia) any conditional release of the person under section 2A of the Act of 1960 and any conditions attached to such release which relate to the victim,",
(b) by the insertion of the following subparagraph after subparagraph (iii):
"(iiia) without prejudice to subparagraph (iii)—
(I) any application to the Minister under section 4 of the Transfer of Sentenced Persons Act 1995 to transfer the person out of the State in order to serve the sentence or the balance thereof in another Convention state (within the meaning of that Act) and any transfer of the person out of the State in accordance with that Act, or
(II) any application within the meaning of Part 2 of the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 and any transfer of the person to an executing state (within the meaning of that Act) in accordance with that Part,",
and
(c) in subparagraph (v), by the substitution of "or 3, or on conditional release under section 2A," for "or 3".".
The role of victims in the outward transfer process has been important throughout the discussions on this Bill. I have indicated that we would give further consideration to any legislative provisions necessary. Deputies will recall that section 16(4) of the Bill provides for the Minister to invite or otherwise take into account submissions from any parties in determining whether to approve an outward transfer. The Criminal Justice (Victims of Crime) Act 2017 contains a requirement to inform victims of any transfer of the person. However, to strengthen these provisions, I am proposing this amendment to introduce a statutory requirement to notify victims registered under the victims of crime legislation not only of a transfer but of an application for a transfer. This will enable victims, if they wish, to make submissions to the Minister in relation to the proposed transfer before a decision is made. As I mentioned, under amendment No. 59, an equivalent provision to section 64 is being added to the 1995 Act. This will clarify that the Minister is acting properly and taking into account these submissions, where appropriate. The amendment will further provide for notification of victims where conditional release is granted.

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Record URI: https://data.oireachtas.ie/akn/ie/debateRecord/dail/2023-02-08/debate/main
Retrieved: 2026-08-14T04:51:33+00:00
Sitting date: 2023-02-08