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The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014
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Changes over time for: Section 78
Version Superseded: 31/12/2020
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- 03/12/2014- Amendment
- 03/12/2014
Point in time - 31/12/2020- Amendment
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Requirements that may be imposed in connection with a requestE+W
This section has no associated Explanatory Memorandum
78.—(1) This regulation applies where a court is considering making a request under regulation 77 for a competent authority of a member State other than the United Kingdom to monitor supervision measures under the Framework Decision in relation to the grant of bail to a person who is charged with an offence.
(2) The requirements that may be imposed on the person under section 3(6) of the Bail Act 1976 (general provisions) include requirements which can only be complied with in the other State.
(3) Where the court is considering imposing requirements on the person which would involve electronic monitoring of the person in a particular area in the other State—
(a)sections 3AA(4) M1 and 3AB(3) M2 of the Bail Act 1976 (conditions for the imposition of electronic monitoring requirements) have effect as if for references to each local justice area which is a relevant area there were substituted references to that area in the other State, and
(b)section 3AC of that Act M3 (electronic monitoring: general provisions) has effect as if subsection (2) were omitted.
Marginal Citations
M1Section 3AA(4) was inserted by the Criminal Justice and Immigration Act 2008 (c.4), section 51 and Schedule 11 paragraph 3(4).
M2Section 3AB(3) was inserted by the Criminal Justice and Immigration Act 2008, section 51 and Schedule 11 paragraph (4).
M3Section 3AC was inserted by the Criminal Justice and Immigration Act 2008, section 51 and Schedule 11 paragraph (4) and amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c.10) Schedule 11 paragraph 7.
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