Primary Purpose of the Act The primary purpose of the Criminal Justice (Mutual Recognition of Custodial Sentences Act 2023 is to implement European Union Framework Decision 2008/909/JHA on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union. Under the Council of Europe […]
Common EU Framework CRIMINAL JUSTICE (MUTUAL RECOGNITION OF PROBATION JUDGMENTS AND DECISIONS) ACT 2019 The main purpose of the Act is to transpose Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition of judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions. The effect is to allow an Irish resident […]
Purpose of the Act The purpose of Vehicle Registration Data (Automated Searching and Exchange) Act 2018 is to give effect to certain measures of the European Council Decisions 2008/615/JHA and 2008/616/JHA (generally referred to as the ‘Prüm Decisions’ after the town in Germany where the basis of the Decisions was originally agreed); and to provide for related matters. The Decisions are binding on all EU […]
Documents for service outside State A court in this country may issue a document to be served on a person present in another state in the context of criminal proceedings. It provides for the translation of the document if required. If the document requires the recipient to appear in proceedings, a penalty for nonappearance will not be referred to in the document, and also sets […]
Search for Evidence The provisions are based on those contained in the Criminal Justice Act 1994. A judge may issue a letter to another state requesting assistance in obtaining evidence where it appears to him or her that criminal proceedings have commenced or a criminal investigation is underway in another state and where pertinent evidence may be obtained in that state. The Director of Public […]
Evidence from person in designated state The 2008 Act provides a procedure for obtaining evidence abroad for the purpose of criminal proceedings or a criminal investigation in the State. It is based on provisions contained in the Criminal Justice Act 1994. It provides that, where it appears to a judge of any court that a criminal investigation or criminal proceedings are underway, a letter of […]
Request for confiscation of property in designated state Where a confiscation order is made relating to property in a designated state, the court shall on request provide the Director of Public Prosecutions with an authenticated copy of the order and a certificate. The certificate must detail whether the order is subject to appeal and if so when the time for lodging an appeal shall expire, […]
Freezing order relating to evidence Introductory Part 4 of the Act gives effect to the Council Framework Decision of 22 July 2003 on the execution in the European Union of orders freezing property or evidence. This provision applies where a criminal investigation or criminal proceedings are underway in the State. It allows for an application to be made by the Director of Public Prosecutions or […]
Interception of Communications Articles 17 to 22 of the 2000 Convention make provision for the interception of telecommunications. The 2008 Act contains definitions of certain terms used in this Part. The following deals with interception of telecommunications where technical assistance is required from a member state. Request to member state for interception The 2008 Act sets out the circumstances in which a request may be made […]
INFORMATION ABOUT FINANCIAL TRANSACTIONS FOR CRIMINAL INVESTIGATION PURPOSES This Part gives effect to the provisions in the 2001 Protocol, which makes provision for the sharing of information and monitoring of banking transactions for criminal investigation purposes. Information about financial transactions for use in the State There are provisions which deal with obtaining information about financial transactions for the purpose of a criminal investigation in the […]
EU Mutual Assistance Agreements Introduction The purpose of the Mutual Assistance Act 2008 is to give effect to provisions in seven mutual legal assistance instruments, viz.: the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union done at Brussels on 29 May 2000 [the 2000 Convention]; the Protocol to that Convention done at Luxembourg on 16 October 2001 [the […]
Cooperation Instruments The Criminal Justice (Mutual Assistance) Act 2008 gives effect to a number of international agreements within the EU and otherwise in respect of mutual assistance in criminal investigation matters. It gives effect to a number of agreements at EU level, including the Convention on Mutual in Criminal Matters 2000, certain protocols to that Convention, Agreement with certain EFTA countries, Schengen Convention, Co-operation Agreement […]
Freezing Order Outwards Part 4 gives effect to the Council Framework Deci sion on the execution in the European Union of orders for freezing property and evidence. It also contains provisions dealing with freezing and confiscation and co-operation orders previously dealt with under the regulations under the Criminal Justice Act 1994. Where a criminal investigation or proceedings are underway in the State, an application may […]
Overview The main purpose of the Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Act 2020 to transpose Council Framework Decision 2009/829/JHA on the application of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention. T The effect of the Act is to provide for an Irish resident who is charged with an offence while in another Member […]