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

Consultation and exchange of information

103.—(1) A court which is considering making a request under regulation 96 for a competent authority of a member State other than the United Kingdom to monitor supervision measures under the Framework Decision must, unless impracticable, consult the competent authority—

(a) while preparing the documents mentioned in paragraph (3) of that regulation, or

(b) at the latest, before giving those documents to the competent authority or to the central authority of that State.

(2) A court which has made a request under regulation 96 for the competent authority of the executing State to monitor supervision measures under the Framework Decision must, unless impracticable, consult the competent authority—

(a) at such times as it considers necessary, with a view to facilitating the smooth and efficient monitoring of the supervision measures;

(b) if the competent authority notifies it, in accordance with Article 19(3) of the Framework Decision (obligations of the authorities involved), of a serious breach of those measures.

(3) In consulting under this regulation, the court must co-operate with the competent authority with a view to the exchange of any useful information, including—

(a) information for verifying the identity and place of residence of the person concerned, and

(b) relevant information taken from the person’s criminal records in accordance with applicable legislation including Part 6 of these Regulations.

(4) The court must take due account of any indications communicated by the competent authority as to the risk the person may pose to victims and the general public.