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

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Changes over time for: Section 109

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Version Superseded: 31/12/2020

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Point in time view as at 03/12/2014. This version of this provision has been superseded. Help about Status

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There are currently no known outstanding effects for the The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014, Section 109. Help about Changes to Legislation

Power to stop monitoring where no response to notification of breachN.I.
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109.—(1) This regulation applies if—

(a)a magistrates' court makes several notifications to the competent authority of the issuing State under regulation 108(2) in relation to a particular breach or other finding, and

(b)the competent authority does not take a supervening decision in response to the breach or other finding.

(2) The magistrates' court may—

(a)make a further notification in relation to the breach or other finding,

(b)invite the competent authority to take a supervening decision in response to the breach or other finding, and

(c)give the competent authority a reasonable period in which to do so.

(3) If the competent authority does not take a supervening decision within that period, the magistrates' court may decide to stop monitoring the supervision measures.

(4) If the magistrates' court decides to stop monitoring the supervision measures under this regulation, it must inform the competent authority of its decision.

(5) In this regulation a “supervening decision” means a subsequent decision in relation to a decision on supervision measures, as mentioned in Article 18(1) of the Framework Decision (competence to take all subsequent decisions and governing law).

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