PART 7European Supervision Order

CHAPTER 2European supervision orders: England and Wales

Recognition of supervision measures: requests to other member States

Consultation and exchange of information84

1

A court which 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 must, unless impracticable, consult the competent authority—

a

while preparing the documents mentioned in paragraph (3) of that regulation, or

b

at the latest, before giving those documents to the competent authority or to the central authority of that State.

2

A court which has made a request under regulation 77 for the competent authority of the executing State to monitor supervision measures under the Framework Decision must, unless impracticable, consult the competent authority—

a

at such times as it considers necessary, with a view to facilitating the smooth and efficient monitoring of the supervision measures;

b

if the competent authority notifies it, in accordance with Article 19(3) of the Framework Decision (obligations of the authorities involved), of a serious breach of those measures.

3

In consulting under this regulation, the court must co-operate with the competent authority with a view to the exchange of any useful information, including—

a

information for verifying the identity and place of residence of the person concerned, and

b

relevant information taken from the person’s criminal records in accordance with applicable legislation including Part 6 of these Regulations.

4

The court must take due account of any indications communicated by the competent authority as to the risk the person may pose to victims and the general public.