Criminal Procedure (Scotland) Act 1995

[F1 254C. Recognition of a European Protection Order S

(1) This section applies where a sheriff receives a European Protection Order from a competent authority of an issuing state.

(2) Except where one or more grounds specified in subsection (3) applies, the sheriff must recognise the European Protection Order.

(3) The grounds are—

(a) the sheriff, after complying with subsection (4), decides that the European Protection Order is incomplete;

(b) the European Protection Order does not relate to a protection measure;

(c) the prohibitions or restrictions contained in the European Protection Order have been adopted in relation to conduct that does not constitute a criminal offence in Scotland;

(d) the protection created by the prohibitions or restrictions contained in the European Protection Order derives from the execution of a penalty or measure that is covered by an amnesty under the law of Scotland;

(e) there is immunity conferred on the offender in Scotland, which would make it impossible to adopt a protection measure following recognition of the European Protection Order;

(f) criminal proceedings against the offender for the conduct in relation to which the prohibitions or restrictions contained in the European Protection Order have been adopted would be prohibited in Scotland under any enactment had the conduct occurred in Scotland;

(g) recognition of the European Protection Order would be inconsistent with the rule against double jeopardy provided for in section 1(1) of the Double Jeopardy (Scotland) Act 2011;

(h) the offender, by reason of the offender’s age, could not have been held criminally responsible for the conduct in relation to which the prohibitions or restrictions contained in the European Protection Order have been adopted had the conduct occurred in Scotland;

(i) the prohibitions or restrictions contained in the European Protection Order relate to a criminal offence which, under the law of Scotland, is regarded as having been committed, wholly or for a major or essential part, within Scotland.

(4) Where the sheriff considers that the European Protection Order is incomplete, the sheriff must—

(a) inform the competent authority of the issuing state in writing;

(b) request that the competent authority of the issuing state provide the missing information; and

(c) allow the competent authority of the issuing state such reasonable period of time as the sheriff may specify in order to comply with that request.

(5) Where the sheriff refuses to recognise a European Protection Order on any of the grounds specified in subsection (3), the sheriff must inform the competent authority of the issuing state and the protected person of the refusal and the grounds of refusal.]

Textual Amendments

F1 Ss. 254A-254E and cross-heading inserted (11.3.2015) by The European Protection Order (Scotland) Regulations 2015 (S.S.I. 2015/107), regs. 1(2), 2(2)