SCHEDULE 2Monitoring of another State’s supervision measures in Scotland

Modification of recognised supervision measure by issuing StateI19

1

Sub-paragraph (2) applies when—

a

a decision on supervision measures has been recognised under paragraph 4(1); and

b

the Scottish central authority receives information from the central authority or competent authority in the issuing State that a supervision measure contained in the decision has been modified.

2

The Scottish central authority must notify the court to which it sent the decision on supervision measures for recognition.

3

When notice is received at a sheriff court under sub-paragraph (2), a sheriff of that court must—

a

if the supervision measure as modified is no longer a measure of a type mentioned in Article 8(1) of the Framework Decision, refuse to recognise it;

b

otherwise, recognise the modified supervision measure (with or without adapting it in accordance with paragraph 8).

4

When the sheriff makes a decision under sub-paragraph (3), the Scottish central authority must inform the central authority or competent authority in the issuing State of the sheriff’s decision.

5

If the sheriff’s decision is to recognise the modified supervision measure (with or without adapting it), the Scottish central authority must also inform the Police Service of Scotland of the decision.