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

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Adaptation of supervision measures
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87.—(1) This regulation applies if a magistrates’ court, when making a decision under regulation 85(4) in relation to a decision on supervision measures, considers that—

(a)none of the grounds for refusal apply, but

(b)one or more of the supervision measures is not compatible with the law of England and Wales.

(2) The magistrates’ court must take a decision adapting the supervision measures to bring them into line with the kind of supervision measures that are available under the law of England and Wales in relation to alleged offences corresponding to the alleged offences to which the decision on supervision measures relates.

(3) For this purpose, the adapted measures—

(a)must correspond as far as possible to the original measures, but

(b)must not be more severe than the original measures.

(4) The magistrates’ court must, in its notification under regulation 85(5) or (7), notify the competent authority of the issuing State of the decision adapting the supervision measures.

(5) Where a decision to adapt supervision measures is taken under this regulation, references in regulations 88 to 94 to monitoring or breach of supervision measures are to be read as references to monitoring or breach of the adapted measures.

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