PART XI Sentencing
F1European Protection Orders
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.
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)