The Criminal Procedure Rules 2015

Enforcement of measure imposed in another European Union member State

14.17.—(1) This rule applies where the Lord Chancellor serves on the court officer a certificate requesting the monitoring and enforcement of a defendant’s compliance with a supervision measure imposed by an authority in another European Union member State.

(2) The court officer must arrange for the court to consider the request—

(a) as a general rule—

(i) within 20 business days of the date on which the Lord Chancellor received it from the requesting authority, or

(ii) within 40 business days of that date, if legal proceedings in relation to the supervision measure are brought within the first 20 business days;

(b) exceptionally, later than that, but in such a case the court officer must immediately serve on the requesting authority—

(i) an explanation for the delay, and

(ii) an indication of when the court’s decision is expected.

(3) On consideration of the request by the court, the court officer must—

(a) without delay serve on the requesting authority—

(i) notice of any further information required by the court, and

(ii) subject to any such requirement and any response, notice of the court’s decision; and

(b) where the court agrees to monitor the supervision measure, serve notice of the court’s decision on any supervisor specified by the court.

(4) Where the court agrees to monitor the supervision measure—

(a) the court officer must immediately serve notice on the requesting authority if there is reported to the court—

(i) a breach of the measure, or

(ii) any other event that might cause the requesting authority to review its decision;

(b) the court officer must without delay serve notice on the requesting authority if—

(i) legal proceedings are brought in relation to the decision to monitor compliance with the bail condition,

(ii) there is reported to the court a change of the defendant’s residence, or

(iii) the court decides (where it can) to stop monitoring the defendant’s compliance with the measure.

[Note. See regulations 85 to 94 of the Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014.

Where the Lord Chancellor receives a request for the monitoring and enforcement in England and Wales of a supervision measure ordered in another European Union member State, a magistrates’ court to which the request is given must monitor and enforce that measure unless one of the specified grounds for refusal applies. The grounds for refusal are listed at the end of this Part.

Under regulation 91 of the 2014 Regulations, the defendant may be arrested for breach of the measure and subsequently detained by the court for up to 28 days (or 21 days, in the case of a defendant who is under 18).

Under regulation 90 of the 2014 Regulations, the magistrates’ court may cease the monitoring and enforcement where the requesting authority takes no further decision in response to notice of a breach of the measure. Under regulation 93, the court ceases to be responsible for the monitoring and enforcement of the measure where regulation 90 applies and in the other cases listed in regulation 93.]