PART XI Sentencing

F1European Protection Orders

Annotations:
Amendments (Textual)
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)

254BIssuing of a European Protection Order

1

A protected person, or an authorised representative of such a person, may apply to a court for a European Protection Order.

2

A court may issue a European Protection Order in respect of a protected person if the court is satisfied that—

a

a protection measure which has been taken in Scotland is in force; and

b

the protected person—

i

resides or stays in the executing state, or

ii

has decided to reside or stay in the executing state.

3

In deciding whether to issue a European Protection Order, the court must take into account—

a

the period or periods of time during which the protected person intends to reside or stay in the executing state; and

b

the seriousness of the need for protection of the protected person.

4

Where the court decides not to issue a European Protection Order, the court must inform the protected person of that decision.

5

Where a court issues a European Protection Order under subsection (2) the court must, as soon as reasonably practicable, transmit the European Protection Order to the competent authority of the executing state.

6

Where a European Protection Order has been issued by a court under subsection (2) and the court subsequently modifies or revokes the protection measure on which it is based, the court must, as soon as reasonably practicable—

a

modify or revoke the European Protection Order accordingly; and

b

inform the competent authority of the executing state of that decision.

7

For the purposes of this section—

  • “court” means the High Court F2, the Sheriff Appeal Court, a sheriff or a justice of the peace court; and

  • “executing state” means a member state of the European Union, other than the United Kingdom in which the protected person resides, stays, or intends to reside or stay.