The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014

Requests to other member States for monitoring supervision measures

77.—(1) A court which makes a decision on supervision measures may request a competent authority of a member State other than the United Kingdom (“the executing State”) to monitor the supervision measures under the Framework Decision where—

(a) the measures are suitable for monitoring in the executing State, and

(b) the executing State is one to which the request may be made.

(2) To make the request, the court must—

(a) issue a certificate requesting monitoring under the Framework Decision in respect of the decision on supervision measures, and

(b) give the following documents to the competent authority or to the central authority of the executing State.

(3) The documents are—

(a) the decision on supervision measures or a certified copy of it,

(b) the certificate, and

(c) a copy of the certificate translated into the official language, or one of the official languages, of the executing State.

(4) But paragraph (3)(c) does not apply if—

(a) English is an official language of the executing State, or

(b) the executing State has declared under Article 24 of the Framework Decision that it will accept a certificate translated into English.

(5) A court makes a “decision on supervision measures” if—

(a) it grants bail in accordance with the Bail Act 1976(1), as modified by regulation 78, to a person who is charged with an offence, and

(b) requirements are imposed on the person in accordance with section 3(6) of that Act(2) (general provisions), as so modified, as a condition of bail.

(6) “Supervision measures” means the requirements imposed on the person as a condition of bail.

(7) A supervision measure is “suitable for monitoring in the executing State” if it constitutes—

(a) a supervision measure of a kind mentioned in Article 8(1) of the Framework Decision (types of supervision measures), or

(b) a supervision measure of a kind which the executing State has given notice, under Article 8(2) of that Decision, that it is prepared to monitor.

(8) The executing State is “one to which the request may be made” if—

(a) the person is lawfully and ordinarily resident in the executing State and consents to return to that State with a view to the supervision measures being monitored there under the Framework Decision, or

(b) the person is not lawfully and ordinarily resident in the executing State but—

(i) the person asks for the request to be made to a competent authority of the executing State, and

(ii) the competent authority consents to the making of the request.

(9) In regulations 78 to 84—

“the competent authority of the executing State”, in relation to a request under this regulation, means the competent authority to which the request is made;

“decision on supervision measures” and “supervision measures” are to be read in accordance with this regulation;

“the executing State”, in relation to a request under this regulation, means the member State of the competent authority to which the request is made.

(1)

1976 c. 63.

(2)

Section 3(6) was amended by the Criminal Justice and Public Order Act 1994 (c.33), sections 27(2) and 168(3) and Schedule 11; the Crime and Disorder Act 1998 (c.37), section 54(2); the Criminal Justice Act 2003 (c.44), section 13(1) and Part 2 of Schedule 37; and the Legal Services Act 2007 (c.29), section 208(1) and Schedule 21, paragraph 34.