Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Act 2020.
Acts of the Oireachtas
Source: Acts of the Oireachtas

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paragraphs: (1) This Act may be cited as the Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Act 2020.
(2) This Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.
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paragraphs: (1) In this Act—
“Act of 1967” means the Criminal Procedure Act 1967 ;
“Article 10 certificate”, in relation to a decision on supervision measures, means the certificate—
(a) provided for in Article 10 of the Framework Decision, and
(b) the standard form of which is set out in Annex I to the Framework Decision,
that is required to accompany the decision;
“Central Authority” shall be read in accordance with section 5 ;
“enactment” means—
(a) an Act of the Oireachtas,
(b) a statute that was in force in SaorstÃ¡t Ãireann immediately before the date of coming into operation of the Constitution and that continued in force by virtue of Article 50 of the Constitution, or
(c) an instrument made under an Act of the Oireachtas or a statute referred to in paragraph (b);
“executing State” means a Member State—
(a) in which a decision on supervision measures is monitored, or
(b) to which a request to monitor a decision on supervision measures has been sent in accordance with the provisions of this Act;
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paragraphs: Where the Central Authority is required by a provision of this Act to forward a document or information to the competent authority of a Member State, executing State or issuing State, he or she shall forward the document or information directly to the competent authority by any means capable of producing a record in writing of the document or information under conditions allowing such competent authority to establish the authenticity of that document or information.
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paragraphs: The provisions of this Act shall apply in relation to an offence, whether committed or alleged to have been committed, before, on or after the commencement of those provisions.
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paragraphs: (1) The Minister shall be the Central Authority in the State for the purposes of this Act.
(2) The Minister may, by order, designate such persons as he or she considers appropriate to perform such functions of the Central Authority in the State as are specified in the order and different persons may be so designated to perform different functions of the Central Authority in the State.
(3) For so long as an order under subsection (2) remains in force, a reference in this Act to the Central Authority in the State shall, in so far as it relates to the performance of a function specified in the order, be construed as a reference to the person designated by the order to perform the function concerned.
(4) The Minister shall, as soon as is practicable after the making of an order under this section, by notice in writing, inform the General Secretariat of the making of an order and of the names of the persons designated under the order.
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paragraphs: (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.
(2) Without prejudice to any provision of this Act, regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.
(3) Every order (other than an order under section 1 (2)) and regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House sits after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
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paragraphs: Any expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.
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paragraphs: This Part applies where the State is the issuing State.
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paragraphs: (1) In this Part—
“Act of 1997” means the Bail Act 1997 ;
“competent authority” means a judicial or other authority in the executing State meeting the criteria specified in Article 6 of the Framework Decision and notified to the General Secretariat in accordance with that Article;
“court”, in relation to a supervision decision or proposed supervision decision, means, as appropriate—
(a) the court which made the supervision decision,
(b) the court considering the proposed supervision decision, or
(c) in the case of section 10 (3), 18 , 19 (1), (2) or (3) or 20 , the court before which the supervised person is to stand trial for the offence to which the supervision decision or proposed supervision decision relates but only if that court has jurisdiction in relation to bail matters;
“former supervised person” includes a person the subject of a supervision decision that has never come into effect pursuant to section 11 (7);
“offence”, in relation to a supervision decision or proposed supervision decision, means alleged offence;
“proposed supervision decision” means a supervision decision that the court is considering whether or not to make;
“proposed supervised person”, in relation to a proposed supervision decision, means the person who would be the subject of such decision if it were made;
“prosecutor”, in relation to an offence, means—
(a) the Director of Public Prosecutions,
(b) a person prosecuting the offence at the suit of the Director of Public Prosecutions, or
(c) a person authorised by law to prosecute the offence;
“relevant recognisance”, in relation to a supervised person, means—
(a) subject to paragraph (b), the recognisance referred to in section 11 (3) entered, or to be entered, into by the supervised person, or
(b) if the recognisance referred to in section 11 (3) is varied under section 15 (3), the recognisance as so varied entered, or to be entered, into by the supervised person;
“supervision decision” means a decision on supervision measures made under—
(a) section 11 (2), or
(b) section 12 as read with section 11 ;
“supervision measures”, in relation to a supervision decision and the supervised person, means one or more than one of the following conditions of bail as may be specified in the supervision decision:
(a) an obligation on the person to keep a specified authority in the executing State informed of his or her place of residence and of any change in such residence in that state;
(b) an obligation on the person to refrain from attending at a specified premises or other place in the executing State;
(c) an obligation on the person to reside or remain in a specified place in the executing State, where appropriate, at specified times;
(d) an obligation on the person to obey general or specified restrictions in relation to travel outside of the territory of the executing State;
(e) an obligation on the person to report at specified times to a specified authority in the executing State;
(f) an obligation on the person to refrain from having contact with specified persons;
(g) an obligation, referred to in Article 8(2) of the Framework Decision, prescribed for the purposes of this paragraph;
“supervised person”, in relation to a supervision decision, means the person the subject of the supervision decision (whether or not the supervision decision has come into effect pursuant to section 11 (7)).
(2) A reference in this Part to monitoring a supervision decision means monitoring the supervised person’s compliance with the supervision measures specified in the supervision decision.
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paragraphs: (1) (a) For the purposes to which this paragraph applies by virtue of paragraph (b), the Central Authority shall, in so far as is practicable and reasonable, consult with the competent authority—
(i) in the executing State in relation to a supervision decision, and
(ii) in the proposed executing State in relation to a proposed supervision decision.
(b) The purposes to which paragraph (a) applies are the following:
(i) to facilitate the preparation or forwarding of the supervision decision;
(ii) to facilitate the monitoring of the supervision decision;
(iii) where the supervised person has committed a serious breach of the supervision decision, to notify such breach or clarify—
(I) any matter in connection with it, or
(II) any action necessary as a consequence of such breach.
(2) (a) The application of subsection (1) shall include the exchange of information.
(b) Without prejudice to the generality of paragraph (a), such information includes information verifying the identity and place of residence of the supervised person or proposed supervised person and the exchange of information extracted from criminal records as permitted by law.
(3) Where the Central Authority is given information by the competent authority in the executing State (whether during a consultation under subsection (1) or at any time) which indicates that the supervised person or proposed supervised person might pose a risk to the victim of the offence to which the supervision decision or proposed supervision decision relates or to the public, the Authority shall bring such information to the attention of the court and the court shall have due regard to such information in the exercise of its responsibilities under this Part.
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paragraphs: (1) Subsection (2) applies where a person—
(a) is before a court charged with an offence for which the person would, if convicted of the offence, be liable to a term of imprisonment of 12 months or more than 12 months,
(b) is lawfully and ordinarily resident in another Member State (in this section referred to as the “other Member State”), and
(c) makes an application, on notice to the Central Authority and the prosecutor, for a supervision decision.
(2) Subject to subsections (3) to (7), the court may make a supervision decision and grant bail conditional on the competent authority in the other Member State agreeing to recognise the supervision decision and to take the necessary measures to monitor compliance with the supervision decision.
(3) (a) Subject to section 15 (3), a supervision decision shall be conditional on the supervised person entering into a recognisance—
(i) subject to one or more supervision measures as specified by the court, and
(ii) that, if the executing State agrees to monitor the supervision decision, requires the supervised person to report to the competent authority in the executing State as soon as is practicable after the supervision decision comes into effect pursuant to subsection (7).
(b) A supervision decision shall not specify a supervision measure referred to in Article 8(2) of the Framework Decision unless the other Member State has notified the General Secretariat that it is prepared to monitor such measure.
(4) A supervision decision shall specify—
(a) the intended duration of the decision,
(b) whether the decision can be renewed, and
(c) the provisional length of time for which monitoring of the decision may be required in so far as it is practicable to indicate that having regard to all the circumstances of the case and of the supervised person.
(5) Subsection (2) shall not be construed to prejudice the generality of the court’s power, under section 2 of the Act of 1997 or under any other enactment or rule of law, to refuse bail in respect of the accused person.
(6) (a) Subject to subsection (3), where bail is granted under subsection (2) by the District Court, Part III of the Act of 1967 shall, with all necessary modifications, apply to such bail as that Part applies to bail granted under section 22 of that Act.
(b) An appeal may be made under section 28(3)(a) of the Act of 1967 against—
(i) a refusal by the District Court to make a supervision decision under subsection (2), or
(ii) the supervision measures specified in a supervision decision made under subsection (2).
(7) A supervision decision shall come into effect when—
(a) in a case in which the supervised person has been remanded in custody—
(i) the Central Authority informs, in writing, the governor of the prison to which the person is remanded that the executing State has agreed to recognise the supervision decision, and
(ii) the person has entered into a recognisance in accordance with subsection (3) taken by the governor of a prison or a prison officer designated by such governor for that purpose, or
(b) in a case in which the supervised person has been remanded on bail—
(i) the Central Authority informs, in writing, the person that the executing State has agreed to recognise the supervision decision, and
(ii) the person has entered into a recognisance in accordance with subsection (3).
(8) The court or the governor of the prison (if any) to which the supervised person is remanded, as appropriate, shall, as soon as is practicable after the supervised person has entered into a recognisance in accordance with subsection (3), inform, in writing, the Central Authority of that matter.
(9) The court shall, as soon as is practicable after making the supervision decision, cause the decision, or a certified copy thereof, to be sent to—
(a) the Central Authority,
(b) the prosecutor,
(c) the governor of the prison (if any) to which the accused person is remanded, and
(d) the supervised person.
(10) Pending the coming into effect, pursuant to subsection (7), of a supervision decision in the executing State, the court shall treat the supervised person in the same manner as it treats a person who is not a supervised person.
(11) The court shall cause the information required to be included in an Article 10 certificate in respect of the supervision decision, in so far as such information is known to the court, to be forwarded to the Central Authority as soon as is practicable after making the decision.
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paragraphs: (1) Subsection (2) applies where a person—
(a) is legally and ordinarily resident in another Member State (in this section referred to as the “other Member State”),
(b) has been granted bail in the State, and
(c) subsequent to being granted such bail, wishes to return to the other Member State to reside therein pending the trial of the offence to which the bail relates.
(2) The person may, on notice to the Central Authority and the prosecutor, make an application to the court that granted bail to request that court to make a supervision decision in his or her case as regards his or her wish to return to the other Member State.
(3) Section 11 shall, with all necessary modifications, apply to an application under subsection (2) as that section applies to an application under section 11 (1).
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paragraphs: Where an appeal is made under section 28(3)(a) of the Act of 1967 to the High Court against a decision of the court under section 11 or 12 , the High Court shall direct the Central Authority to inform the competent authority in the other Member State concerned of that matter.
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paragraphs: (1) On receipt of a supervision decision, the Central Authority shall forward the decision, or a certified copy thereof, to the competent authority in the other Member State concerned.
(2) Where the Central Authority forwards the supervision decision under subsection (1) to the competent authority in the executing State, he or she shall—
(a) forward with it an Article 10 certificate, and
(b) where the official language of the executing State is not English, forward a translation of the Article 10 certificate into the official language or one of the official languages of the executing State, unless the Central Authority knows that such a translation is not required by the competent authority in that state.
(3) Subsection (4) applies if the competent authority in the executing State to which the supervision decision has been forwarded under subsection (1) makes a request to the Central Authority to be provided with the original supervision decision or a certified copy thereof.
(4) (a) The Central Authority shall comply with a request under subsection (3) as soon as is practicable.
(b) For the purposes of such compliance, the Central Authority may request the registrar or clerk of the court which made the supervision decision to provide the Central Authority with the original supervision decision or a certified copy thereof.
(5) The registrar or clerk of the court concerned the subject of a request under subsection (4)(b) shall comply with the request as soon as is practicable after he or she receives it.
(6) Subsection (7) applies if the competent authority in the executing State to which the Article 10 certificate has been forwarded under this section makes a request to the Central Authority to be provided with the original Article 10 certificate.
(7) The Central Authority shall comply with a request under subsection (6) as soon as is practicable after he or she receives it.
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paragraphs: (1) Where the competent authority in the executing State informs the Central Authority—
(a) (i) that, because of exceptional circumstances, it is not possible to make a decision on monitoring the supervision decision within the time limits referred to in Article 12(1) and (2) of the Framework Decision,
(ii) subject to subsection (2)(b), of the reasons for the delay, and
(iii) subject to subsection (2)(b), of the estimated time needed for the final decision to be taken on the supervision decision,
(b) that the competent authority in the executing State has adapted a supervision measure specified in the supervision decision in line with its law,
(c) that there is a maximum length of time during which the supervision decision can be monitored in that state, or
(d) that the competent authority in the executing State will not agree to monitor the supervision decision and of the reasons for not so agreeing,
the Central Authority shall inform the court, the prosecutor and the supervised person of that matter or those matters, as appropriate.
(2) (a) Subject to paragraph (b), where subsection (1)(a) applies, the prosecutor, on notice to the supervised person, or the supervised person, on notice to the prosecutor, may make an application to the court to revoke the supervision decision.
(b) An application may be made under paragraph (a) notwithstanding that the competent authority in the executing State has not informed the Central Authority of the matter referred to in subsection (1)(a)(ii) or (iii), or both such matters.
(c) The court shall determine an application under paragraph (a) by, as it thinks it appropriate to do so in all the circumstances of the case and of the supervised person—
(i) revoking the supervision decision, or
(ii) refusing to revoke the supervision decision.
(3) (a) Where subsection (1)(b) applies, the prosecutor, on notice to the supervised person, shall, as soon as is practicable, make an application to the court to—
(i) note the adaptation on the supervision decision and, if necessary, modify the supervision decision or vary the relevant recognisance, or do both, to take account of that adaptation, or
(ii) revoke the supervision decision.
(b) The court shall determine an application under paragraph (a) (regardless of whether the application falls within paragraph (a)(i) or (ii)) by, as it thinks it appropriate to do so in all the circumstances of the case and of the supervised person—
(i) with the consent of the supervised person, noting the adaptation on the supervision decision and, if necessary, modifying the supervision decision or varying the relevant recognisance, or do both, to take account of that adaptation, or
(ii) revoking the supervision decision.
(4) (a) Where subsection (1)(c) applies, the prosecutor, on notice to the supervised person, shall, as soon as is practicable, make an application to the court to—
(i) limit the duration of the supervision decision and modify the supervision decision accordingly, or
(ii) revoke the supervision decision.
(b) The court shall determine an application under paragraph (a) (regardless of whether the application falls within paragraph (a)(i) or (ii)) by, as it thinks appropriate to do so in all the circumstances of the case and of the supervised person—
(i) limiting the duration of the supervision decision and modifying the supervision decision accordingly, or
(ii) revoking the supervision decision.
(5) (a) Where subsection (1)(d) applies, the prosecutor, on notice to the supervised person, shall, as soon as is practicable, make an application to the court to revoke the supervision decision.
(b) The court shall determine an application under paragraph (a) by revoking the supervision decision.
(c) The information referred to in subsection (7)(a) shall include the reasons specified by the competent authority in the executing State for not agreeing to monitor the supervision decision.
(6) (a) Where the court modifies the supervision decision, or varies the relevant recognisance, under this section, it shall cause the supervision decision as so modified or the relevant recognisance as so varied, or both, as appropriate, or a certified copy or copies thereof, to be sent to—
(i) the Central Authority,
(ii) the prosecutor,
(iii) the governor of the prison (if any) to which the supervised person or former supervised person is remanded, and
(iv) the supervised person.
(b) The Central Authority shall, as soon as is practicable after he or she receives the supervision decision as so modified, or a certified copy thereof, forward the supervision decision or certified copy to the competent authority in the executing State.
(7) Where the court revokes the supervision decision under this section, it shall—
(a) subject to subsection (5)(c), cause the following persons to be informed of such revocation:
(i) the Central Authority;
(ii) the prosecutor;
(iii) the governor of the prison (if any) to which the former supervised person is remanded;
(iv) the former supervised person,
and
(b) treat the former supervised person in the same manner as it treats a person who has not been a supervised person.
(8) The Central Authority shall, as soon as is practicable after being informed under subsection (7) of a decision of the court to revoke the supervision decision under this section, inform the competent authority in the executing State of the court’s decision.
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paragraphs: (1) Subject to section 15 , where the Central Authority is informed by the competent authority in the executing State that it will agree to monitor the supervision decision, the Central Authority shall inform the following persons both of that agreement and of the name of the authority in the executing State to whom the supervised person should report as soon as is practicable after his or her arrival in the executing State:
(a) the court;
(b) the prosecutor;
(c) the governor of the prison (if any) to which the supervised person is remanded;
(d) the supervised person.
(2) Where subsection (1) applies, the court or the governor of the prison (if any) to which the supervised person is remanded, as appropriate, shall—
(a) where the relevant recognisance has not already been taken, arrange for the taking of the relevant recognisance from the supervised person and, as soon as is practicable after that action is taken, cause the Central Authority to be informed of that matter, and
(b) where the supervised person is in custody, arrange for the subsequent release of the supervised person from custody and, as soon as is practicable after such release, cause the Central Authority to be informed of that matter.
(3) The Central Authority shall, as soon as is practicable after the supervision decision comes into effect pursuant to section 11 (7), inform the competent authority in the executing State of that matter and the date on which the supervision decision came into effect.
(4) The monitoring of the supervision decision shall be subject to the law of the executing State for so long as the supervision decision remains in force.
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paragraphs: Where the Central Authority is informed by the competent authority in the executing State monitoring the supervision decision—
(a) of the change of address of the supervised person,
(b) that the person cannot be found in the executing State,
(c) that a legal remedy has been introduced against the decision in the executing State to recognise the supervision decision, or
(d) any breach of a supervision measure specified in the supervision decision, or any other finding which could result in the taking of a subsequent decision referred to in Article 18(1) of the Framework Decision,
the Central Authority shall inform the court and the prosecutor of that matter.
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paragraphs: (1) A supervision decision shall cease to have effect—
(a) subject to paragraphs (b) and (d), on the date on which the intended duration of the decision, as specified in the decision pursuant to section 11 (4)(a), expires,
(b) subject to paragraph (d), if section 15 (4)(b)(i) or 19 (1)(a) and (b)(i) applies, on the date on which the new intended duration of the decision, as specified in the decision pursuant to that section, expires,
(c) subject to paragraph (d), if subsection (4)(b) applies, on the date on which the new intended duration of the decision, as specified in the decision pursuant to that subsection, expires, or
(d) if the decision has been revoked under this Part, on the date on which the executing State is given notice of the revocation by the Central Authority pursuant to section 15 (8), 19 (3) or 20 (4), as appropriate.
(2) (a) Subject to paragraph (b), the court may, in relation to the supervision decision—
(i) on its own initiative, or
(ii) on application made to it by the prosecutor, on notice to the supervised person, or on application made to it by the supervised person, on notice to the prosecutor,
direct the Central Authority to request the competent authority in the executing State to extend the monitoring of the supervision decision for the further period specified in the direction.
(b) The court shall give a direction under paragraph (a) if the court thinks that it is appropriate to do so in all the circumstances of the case and of the supervised person.
(c) The Central Authority shall comply with a direction given under paragraph (a) as soon as is practicable after the direction is given to him or her.
(3) (a) Where the Central Authority complies with a direction given to him or her under subsection (2)(a) but the competent authority in the executing State refuses to comply with the request referred to in that subsection, the Central Authority shall, as soon as is practicable after he or she receives such refusal, inform the court and the supervised person of the refusal.
(b) The supervision decision the subject of such refusal shall cease to have effect in accordance with this Part as if the request referred to in subsection (2)(a) had never been made.
(4) (a) Where the Central Authority complies with a direction given to him or her under subsection (2)(a) and the competent authority in the executing State agrees with the request referred to in that subsection, the Central Authority shall, as soon as is practicable after he or she receives such agreement, inform the court of that matter.
(b) The court may, as soon as is practicable after being informed that the competent authority in the executing State has agreed to the request referred to in subsection (2)(a), extend the monitoring of the supervision decision for the further period specified in the agreement and modify the decision accordingly.
(c) Where the court modifies the supervision decision under paragraph (b), it shall cause the supervision decision as so modified, or a certified copy thereof, to be sent to—
(i) the Central Authority,
(ii) the prosecutor, and
(iii) the supervised person.
(d) The Central Authority shall, as soon as is practicable after he or she receives the supervision decision as so modified, or a certified copy thereof, forward the supervision decision or certified copy to the competent authority in the executing State.
(5) Where a former supervised person appears before the court on a date after the expiry of the period for the monitoring by the executing State of the supervision decision, the court shall treat the person as if he or she has, during the period for which the supervision decision was in force in the executing State, been a person on bail in the State.
num: 19
paragraphs: (1) (a) Subject to paragraph (c), the court may, in relation to the supervision decision—
(i) on its own initiative, or
(ii) on application made to it by the prosecutor, on notice to the supervised person, or on application made to it by the supervised person, on notice to the prosecutor,
make a decision to which this paragraph applies by virtue of paragraph (b).
(b) The following are the decisions to which paragraph (a) applies:
(i) to renew the supervision decision (if such renewal is within any maximum period notified to the court as the maximum period during which the supervision decision can be monitored in the executing State) and to modify the supervision decision accordingly;
(ii) subject to section 20 (1), to revoke the supervision decision;
(iii) to modify a supervision measure specified in the supervision decision provided that the supervision measure as so modified still falls within the definition of “supervision measures” in section 9 (1).
(c) The court shall make a decision to which paragraph (a) applies if the court thinks it is appropriate to do so in all the circumstances of the case and of the supervised person.
(2) (a) Any modification of a supervision measure under this section shall cease to have effect on notification to the court by the Central Authority that the competent authority in the executing State does not agree to such modification.
(b) The court may revoke the supervision decision if it considers it necessary to do so where it is informed under paragraph (a) that the competent authority in the executing State does not agree to the modification.
(3) (a) The court shall direct the Central Authority to inform the competent authority in the executing State or former executing State and the supervised person or former supervised person of any decision taken by the court under subsection (1) or (2)(b).
(b) The Central Authority shall comply with a direction given under paragraph (a), as soon as is practicable after the direction is given to him or her.
num: 20
paragraphs: (1) The prosecutor, on notice to the supervised person (other than where paragraph (a) applies), shall make an application to the court to revoke the supervision decision on the ground that—
(a) the competent authority in the executing State has indicated to the Central Authority that the supervised person—
(i) cannot be found in that state, or
(ii) has established his or her lawful and ordinary residence in a state other than the executing State,
(b) the competent authority in the executing State has indicated to the Central Authority that the supervision decision has been breached and the prosecutor considers that the breach is sufficiently serious to warrant the revocation of the supervision decision, or
(c) the competent authority in the executing State has indicated to the Central Authority that the executing State can no longer monitor the supervision decision.
(2) (a) Where subsection (1)(a) or (c) applies, the court shall revoke the supervision decision.
(b) Where subsection (1)(b) applies, the court may, if it thinks it appropriate to do so in all the circumstances of the case and of the supervised person, revoke the supervision decision.
(3) When the court revokes a supervision decision under section 15 or 19 or subsection (2)—
(a) the court shall order the former supervised person to appear before it on a specified date as soon as may be after the revocation takes effect, and
(b) the court shall treat the former supervised person in the same manner as it treats a person who has not been a supervised person.
(4) (a) The court shall cause the Central Authority to be informed of a decision made by the court under subsection (2).
(b) The Central Authority shall, as soon as is practicable after being informed of a decision made by the court under subsection (2), inform the competent authority of that matter.
num: 21
paragraphs: (1) The prosecutor may make an application to the court for a warrant for the arrest of a supervised person or former supervised person where, as appropriate—
(a) such person fails to appear before the court on the date specified in the supervision decision on which he or she is required to do so following the expiration of the period during which the supervision decision can be monitored by the executing State, or
(b) such person fails to appear before the court in accordance with the order concerned made by the court under section 20 (3)(a).
(2) The court may issue a warrant for the arrest of the supervised person or former supervised person.
(3) A member of the Garda SÃ­ochÃ¡na may arrest the supervised person or former supervised person pursuant to a warrant issued under subsection (2) notwithstanding that the member does not have the warrant concerned in his or her possession at the time of the arrest.
(4) The member of the Garda SÃ­ochÃ¡na arresting the supervised person or former supervised person under subsection (3) shall, as soon as is practicable, produce and serve on the person the warrant concerned.
(5) The arrested supervised person or former supervised person shall, as soon as is practicable, be brought before the court that made the order directing that the relevant recognisance be entered into and the person may be treated in accordance with section 6(9) of the Act of 1997.
num: 22
paragraphs: (1) This section applies where—
(a) an application is proposed to be made under section 18 (2)(a)(ii), 19 (1)(a)(ii) or 20 (1) (in this section referred to as the “proposed application”) to the court, and
(b) the supervised person to whom the proposed application relates is in the executing State (in this section referred to as the “relevant executing State”).
(2) An application may be made by or on behalf of the supervised person, or by the prosecutor, to a judge of the court at a sitting of the court to issue a notice (in this section referred to as a “notice of request”) requesting the provision of facilities in the relevant executing State to enable the supervised person to appear, through a live television link, at the hearing that will arise from the proposed application when it is made (in this section referred to as the “relevant hearing”) to the court.
(3) The judge hearing the application under subsection (2) may grant the application if he or she is satisfied that—
(a) it would not be prejudicial to the supervised person to not appear in person at the relevant hearing, and
(b) the interests of justice do not require the supervised person to appear in person at the hearing.
(4) The notice of request shall state—
(a) the name, address and, if known, the nationality of the supervised person,
(b) the court which will hear the proposed application when it is made,
(c) subject to subsection (6), the name of the judge who will conduct the relevant hearing, and
(d) the likely date on which the relevant hearing will be held.
(5) The notice of request shall be sent to the Central Authority for transmission to the competent authority in the relevant executing State.
(6) If the name of the judge referred to in subsection (4)(c) is not available at the time the notice of request is issued, it shall, as soon as it becomes available, be sent to the Central Authority for transmission to the competent authority in the relevant executing State.
(7) Where the provisions of this section are complied with in relation to the relevant hearing, the supervised person is deemed to be present at the relevant hearing for the purposes of any enactment or rule of law or order of any court requiring—
(a) the presence in court of an accused person during criminal proceedings against him or her, and
(b) the presence in court of a supervised person during any proceedings under this Act which relate to him or her.
(8) Nothing in this section shall affect the right of the supervised person to be present during any criminal proceedings other than the relevant hearing.
num: 23
paragraphs: This Part applies where the State is the executing State.
num: 24
paragraphs: In this Part—
“competent authority” means a judicial or other authority in the issuing State meeting the criteria specified in Article 6 of the Framework Decision and notified to the General Secretariat in accordance with that Article;
“court” means—
(a) subject to paragraph (b), the District Court, or
(b) the High Court where the supervision decision relates to an offence corresponding to an offence referred to in section 29(1) of the Act of 1967;
“endorsement order”, in relation to a supervision decision, means an order made under section 31 (2)(a) endorsing the decision for the purpose referred to in that section;
“endorsed supervision decision” means a supervision decision the subject of an endorsement order which is in force;
“former supervised person” includes a person the subject of a supervision decision that has never come into effect;
“offence”, in relation to a supervision decision or proposed supervision decision, means alleged offence;
“supervision decision” means a decision on supervision measures consisting of an order forwarded to the State in accordance with the provisions of section 28 authorising the State to monitor the supervision measures specified in the order and to take other actions in accordance with the Framework Decision;
“supervision measure” shall be read in accordance with section 27 ;
“supervised person”, in relation to a supervision decision, means the person the subject of the supervision decision (whether or not the supervision decision has come into effect).
num: 25
paragraphs: (1) (a) For the purposes to which this paragraph applies by virtue of paragraph (b), the Central Authority shall, in so far as is practicable and reasonable, consult with the competent authority in the issuing State or proposed issuing State in relation to a supervision decision forwarded or proposed to be forwarded to the State in accordance with this Part.
(b) The purposes to which paragraph (a) applies are the following:
(i) to facilitate the preparation or forwarding of the supervision decision;
(ii) to facilitate the monitoring of the supervision decision;
(iii) to facilitate the issuing State taking any subsequent decisions referred to in section 35 (1);
(iv) where the supervised person has committed a serious breach of the supervision decision, to notify such breach or clarify any matter in connection with it or any action necessary as a consequence of such breach.
(2) (a) The application of subsection (1) shall include the exchange of information.
(b) Without prejudice to the generality of paragraph (a), such information includes information verifying the identity and place of residence of the supervised person and the exchange of information extracted from criminal records as permitted by law.
num: 26
paragraphs: For the purposes of this Part, an offence specified in a supervision decision corresponds to an offence under the law of the State where the act or omission that constitutes the offence so specified would, if committed or made in the State on the date on which the supervision decision issued, constitute an offence under the law of the State.
num: 27
paragraphs: (1) In this Part, “supervision measures”, in relation to a supervision decision and the supervised person, means one or more than one of the following measures as may be specified in the supervision decision:
(a) an obligation on the person to keep the authority in the State specified in the decision informed of his or her place of residence in the State and of any change in such residence;
(b) an obligation on the person to refrain from attending at a specified premises or other place in the State;
(c) an obligation on the person to reside or remain in a specified place in the State, where appropriate, at specified times;
(d) an obligation on the person to obey general or specified restrictions in relation to travel outside of the territory of the State;
(e) an obligation on the person to report at specified times to the authority in the State specified in the decision;
(f) an obligation on the person to refrain from having contact with specified persons;
(g) an obligation, referred to in Article 8(2) of the Framework Decision, prescribed for the purposes of this paragraph.
(2) The Minister shall, as soon as is practicable after an obligation referred to in paragraph (g) of the definition of “supervision measures” has been prescribed for the purposes of that paragraph, inform the General Secretariat, by notice in writing, of such obligation which may now be included as a supervision measure in a supervision decision monitored or proposed to be monitored in the State.
num: 28
paragraphs: (1) Subsection (2) applies if one or more than one of the following matters (in this section referred to as a “relevant matter”) arises:
(a) a supervision decision forwarded to the Central Authority pursuant to Article 10 of the Framework Decision is not accompanied by—
(i) an Article 10 certificate, or
(ii) if the Article 10 certificate is in a language other than the Irish language or the English language, a translation of that certificate in the Irish language or the English language;
(b) the Central Authority considers that an Article 10 certificate accompanying a supervision decision forwarded to the Central Authority pursuant to Article 10 of the Framework Decision—
(i) is incomplete, or
(ii) obviously does not correspond to that supervision decision.
(2) The Central Authority shall, as soon as is practicable after a relevant matter arises, by notice in writing given to the competent authority in the issuing State—
(a) inform the competent authority in the issuing State of the relevant matter, and
(b) specify a reasonable period of time within which the competent authority in the issuing State may take the necessary remedial action in relation to the relevant matter.
(3) Subsection (4) applies if a document forwarded to the Central Authority for the purposes of this Part has been directly forwarded to the Central Authority by a means which has produced a record in writing of the document under conditions allowing the Central Authority to establish the authenticity of that document.
(4) The record in writing of the document shall be deemed to be the document that was forwarded.
(5) For the purposes of this Part, a document shall be deemed to be a true copy of an original document if it has been certified as a true copy of the original document by the competent authority in the issuing State.
(6) In proceedings to which this Part applies, a document shall be received in evidence without further proof if the document purports to be—
(a) a supervision decision issued by the competent authority in the issuing State,
(b) an Article 10 certificate issued by the competent authority in an issuing State or a translation referred to in subsection (1)(a)(ii) of the Article 10 certificate, or
(c) a certified copy of such decision, Article 10 certificate or translation.
(7) In proceedings to which this Part applies, a document that purports to be a certified copy of a supervision decision or Article 10 certificate referred to in subsection (6) shall, unless the contrary is shown, be evidence of the supervision decision or Article 10 certificate, as the case may be.
num: 29
paragraphs: (1) A supervision decision shall not be endorsed or executed in the State under this Act where—
(a) the supervised person is neither lawfully and ordinarily residing in the State nor an Irish citizen,
(b) the supervised person the subject of the decision does not wish to return to the State,
(c) the offence to which the supervision decision relates is a summary offence that could have been prosecuted in the State but for the fact that it has become statute-barred,
(d) the supervised person is not a person who is the subject of proceedings in the issuing State for an offence to which an European arrest warrant could relate, or
(e) it is immediately clear from the information provided in the Article 10 certificate concerned that endorsement of the supervision decision would infringe the ne bis in idem principle.
(2) The court may refuse to endorse a supervision decision where—
(a) a relevant matter within the meaning of section 28 (1) applies in relation to the Article 10 certificate which accompanied, or which should have accompanied, that decision, and the reasonable period of time specified in the notice concerned under section 28 (2) given to the competent authority in the issuing State in respect of that matter has expired without the necessary remedial action referred to in section 28 (2)(b) having been taken in respect of that matter, or
(b) the Article 10 certificate includes a proposed supervision measure that does not fall within the definition of “supervision measures” in section 27 .
(3) Subject to subsection (4), a supervision decision shall not be endorsed or executed in the State unless the decision relates to an offence which corresponds to an offence under the law of the State.
(4) The endorsement and execution of a supervision decision under this Part shall not be refused on the ground that, in relation to a revenue offence—
(a) no tax or duty of the kind to which the offence relates is imposed in the State, or
(b) the rules relating to taxes, duties, customs or exchange control that apply in the issuing State differ in nature from the rules that apply in the State to taxes, duties, customs or exchange control.
(5) The court may refuse to endorse a supervision decision where the supervised person has, by virtue of any enactment, become immune from prosecution or punishment for an offence consisting of an act or omission that constitutes, whether in whole or in part, the offence to which the supervision decision relates.
(6) A supervision decision shall not be endorsed or executed under this Part if the offence to which the supervision decision relates corresponds to an offence under the law of the State in respect of which a person of the same age as the supervised person could not be proceeded against by reason of his or her age at the time of the offence.
(7) In the cases referred to in subsections (1) to (6), the Central Authority may, by any means capable of producing a record in writing, request the competent authority in the issuing State to supply the Central Authority with any additional information required as soon as is practicable, before the court refuses to endorse a supervision decision.
(8) In this section—
“European arrest warrant” has the meaning it has in the European Arrest Warrant Act 2003 ;
“ordinarily residing in the State”, in relation to a supervision decision and a supervised person, means the person has had his or her principal residence in the State for the 12 months immediately preceding the date of receipt by the Central Authority of the supervision decision in accordance with section 28 ;
“revenue offence”, in relation to an issuing State, means an offence in connection with taxes, duties, customs or exchange control.
num: 30
paragraphs: (1) Subject to subsection (3), the Central Authority shall, as soon as may be after he or she receives a supervision decision in accordance with section 28 , make an application, on notice to the supervised person, to the court for the endorsement by the court of the decision, or a certified copy thereof, for execution.
(2) An application under subsection (1) shall include—
(a) the supervision decision or a certified copy thereof, and
(b) the Article 10 certificate or a certified copy thereof.
(3) (a) The Central Authority shall not make an application under subsection (1) where the Article 10 certificate is incomplete or obviously does not correspond to the supervision decision.
(b) The Central Authority shall make an application under subsection (1) where he or she is satisfied that the Article 10 certificate is completed or corrected within the period set in accordance with section 28 (2)(b).
(4) In making an application under subsection (1), the Central Authority shall inform the court of the following:
(a) the date of receipt by the Central Authority of the supervision decision together with the Article 10 certificate;
(b) in a case to which subsection (3) applies, the date of receipt by the Central Authority of the completed or corrected Article 10 certificate.
num: 31
paragraphs: (1) Subsection (2) applies where an application under section 30 (1) is made to the court and the court is—
(a) satisfied that the supervision decision the subject of the application complies with the provisions of this Part applicable to the supervision decision,
(b) not prevented by section 29 (1), (3) or (6) from endorsing the supervision decision, and
(c) not relying upon section 29 (2) or (5) to refuse to endorse the supervision decision.
(2) (a) Subject to paragraph (b), the court shall make an order endorsing the supervision decision for the purpose of its recognition and the assumption by the State of responsibility for monitoring the decision,
(b) If a supervision measure specified in the supervision decision is incompatible with the law of the State, the court may, in the endorsement order, adapt the measure to that of a supervision measure which—
(i) falls within the definition of “supervision measures” in section 27 ,
(ii) is imposable in the State as a condition of bail,
(iii) corresponds, as far as is possible, to the first-mentioned supervision measure, and
(iv) is not more severe than the first-mentioned supervision measure.
(3) Subject to section 35 , the endorsed supervision decision shall be monitored in the State as if it were a decision to grant bail in the State.
(4) When the court makes an endorsement order, it shall direct that compliance with the endorsed supervision decision be monitored by the Garda SÃ­ochÃ¡na.
(5) An endorsement order shall specify, in relation to the supervision decision, the Superintendent of the Garda SÃ­ochÃ¡na for the district in which the supervised person resides or will reside to whom the supervised person shall report as soon as is practicable after his or her arrival in the State.
num: 32
paragraphs: (1) Subject to subsection (2), the court shall make a decision under section 31 as soon as is practicable and, in any event—
(a) subject to paragraphs (b) and (c), within a period of 20 working days of the receipt by the Central Authority of the supervision decision together with the Article 10 certificate,
(b) in a case where the court is informed by the Central Authority that an appeal has been lodged against the supervision decision, within a further period of 20 working days from the expiry of the period referred to in paragraph (a), and
(c) in a case to which section 30 (3)(b) applies, within a period of 20 working days of the date of receipt by the Central Authority of the completed or corrected Article 10 certificate.
(2) When, in exceptional circumstances, it is not possible for the court to comply with the time limits provided for in subsection (1), it shall, as soon as is practicable, cause the Central Authority to be informed of—
(a) that delay,
(b) the reasons for the delay, and
(c) the estimated time needed for the final decision to be taken on the supervision decision.
(3) The Central Authority shall, as soon as is practicable after the receipt of information under subsection (2), forward that information to the competent authority in the issuing State.
(4) If, on notification to the competent authority in the issuing State of the estimated time needed for a final decision in accordance with subsection (2), the Central Authority is informed by the competent authority in the issuing State that it is withdrawing the Article 10 certificate, the Central Authority shall inform the court accordingly and the court shall refuse to make an endorsement order in relation to the supervision decision.
num: 33
paragraphs: Where the court has made an endorsement order in relation to the supervision decision, it shall cause a certified copy thereof together with the Article 10 certificate to be sent to—
(a) the Central Authority,
(b) the Superintendent of the Garda SÃ­ochÃ¡na for the district in which the supervised person resides or will reside, and
(c) the supervised person.
num: 34
paragraphs: The Central Authority shall, as soon as is practicable, send to the competent authority in the issuing State—
(a) the endorsement order (if any), or a certified copy thereof, made in relation to the supervision decision, or
(b) where section 29 applies, a notice stating the grounds referred to in that section by virtue of which an endorsement order was not made in relation to the supervision decision and, if the ground concerned falls within section 29 (2) or (5), the reasons for the court’s decision not to make such order.
num: 35
paragraphs: (1) Notwithstanding the fact that the supervision decision is an endorsed supervision decision but subject to subsection (2), the issuing State shall have jurisdiction to—
(a) renew, review or revoke the supervision decision, and
(b) modify one or more than one supervision measure specified in the decision.
(2) A decision by an issuing State to modify the endorsed supervision decision shall apply to the supervision decision only if such modification is approved by the court on application under this section.
(3) (a) The Central Authority shall, as soon as is practicable after the receipt by him or her of a notification by the issuing State of a decision to modify the supervision decision, make an application, on notice to the supervised person, to the court for the amendment of the endorsement order to take account of such modification.
(b) The court shall determine an application under paragraph (a) by—
(i) if necessary and subject to subparagraphs (ii) and (iii), amending the endorsement order,
(ii) refusing to amend the endorsement order if the modified supervision decision includes a proposed supervision measure which does not fall within the definition of “supervision measures” in section 27 , or
(iii) if any supervision measure specified in the modification of the endorsed supervision decision is incompatible with the law of the State, adapting, in the modification to the endorsement order, the measure to that of a supervision measure which—
(I) falls within the definition of “supervision measures” in section 27 ,
(II) is imposable in the State as a condition of bail,
(III) corresponds, as far as is possible, to the first-mentioned supervision measure, and
(IV) is not more severe than the first-mentioned supervision measure.
(4) (a) The Central Authority shall, as soon as is practicable after being informed that the issuing State has revoked the supervision decision, make an application to the court to revoke the endorsement order.
(b) The court shall determine an application under paragraph (a) by revoking the endorsement order.
(5) Where the court has modified an endorsement order under this section, it shall cause a certified copy thereof to be sent to—
(a) the Central Authority,
(b) the Superintendent of the Garda SÃ­ochÃ¡na for the district in which the supervised person resides, and
(c) the supervised person.
(6) Where the court has revoked an endorsement order under this section, it shall cause notice of such revocation to be sent to—
(a) the Central Authority,
(b) the Superintendent of the Garda SÃ­ochÃ¡na for the district in which the supervised person resides, and
(c) the supervised person.
(7) The Central Authority shall, as soon as is practicable, send to the competent authority in the issuing State, as appropriate:
(a) the endorsement order, or a certified copy thereof, as modified under this section;
(b) the decision of the court under subsection (3)(b)(ii) to refuse to modify the endorsement order and the reasons for such decision;
(c) the order, or a certified copy thereof, under subsection (4)(b) revoking the endorsement order.
num: 36
paragraphs: (1) (a) The court may at any time request the Central Authority to make enquiries of the competent authority in the issuing State as to whether the monitoring of the endorsed supervision decision specified in the request is still required.
(b) For the purposes of paragraph (a), the court may authorise the Central Authority to—
(i) issue further such enquiries to that competent authority if no response to the first enquiry is received,
(ii) specify time limits for a response to be made by that competent authority to such further enquiries, and
(iii) inform that competent authority that if a decision is not received within those time limits, the court will revoke the endorsement order.
(2) (a) Where no response referred to in subsection (1) is received from the competent authority in the issuing State, the Central Authority shall make an application, on notice to the supervised person, to the court to revoke the endorsement order.
(b) The court shall determine an application under paragraph (a) by, as it thinks it appropriate to do so in all the circumstances of the case and of the supervised person—
(i) revoking the endorsement order, or
(ii) refusing to revoke the endorsement order.
(3) Where a request for renewal of the period of monitoring of the endorsed supervision decision is made to the Central Authority by the competent authority in the issuing State, the Central Authority shall make an application, on notice to the supervised person, to the court for a decision to accede to the request so that such monitoring may be continued for the further period specified in the request.
(4) The court shall determine an application under subsection (3) by acceding to the request the subject of the application and modifying the endorsement order accordingly.
(5) Where subsection (4) applies, the court shall cause the endorsement order as so amended, or a certified copy thereof, to be sent to—
(a) the Central Authority,
(b) the Superintendent of the Garda SÃ­ochÃ¡na of the district in which the supervised person resides, and
(c) the supervised person.
(6) The Central Authority shall inform the competent authority in the issuing State of each decision of the court made under this section.
num: 37
paragraphs: (1) (a) Subject to paragraph (b), the court may, on the application of a member of the Garda SÃ­ochÃ¡na and on information being made in writing and on oath by or on behalf of the member, determine that the supervised person the subject of an endorsed supervision decision has breached a supervision measure specified in the supervision decision.
(b) An application under paragraph (a) shall be on notice to the supervised person.
(2) If the court determines that a supervision measure specified in the endorsed supervision decision has been breached, it shall—
(a) cause a notice or notices of such breach to be sent through the Central Authority to the competent authority in the issuing State in the form set out in Annex II to the Framework Decision together with information on any time limits within which a response to the notice or notices should be made, and
(b) if the competent authority in the issuing State fails to modify or revoke the endorsed supervision decision within a reasonable period after 2 or more notices referred to in paragraph (a) have been sent to it, cause a notice to be sent through the Central Authority to the competent authority—
(i) inviting the competent authority to modify or revoke the supervision decision, and
(ii) informing the competent authority that if it fails to modify or revoke the supervision decision within the period specified in the last-mentioned notice for that purpose, the court will revoke the endorsement order.
(3) Where either—
(a) the competent authority in the issuing State fails to respond to an invitation referred to in subsection (2)(b)(i) made to it within the period referred to subsection (2)(b)(ii), or
(b) the competent authority revokes the supervision decision,
the court shall revoke the endorsement order.
(4) The court shall cause a decision under this section made by it to be communicated to—
(a) the Central Authority,
(b) the Superintendent of the Garda SÃ­ochÃ¡na for the district in which the supervised person or former supervised person resides, and
(c) the supervised person or former supervised person.
(5) The Central Authority shall, as soon as is practicable after a decision under this section by the court is communicated to him or her pursuant to subsection (4), inform the competent authority in the issuing State of such decision.
num: 38
paragraphs: (1) The court may, on the application of a member of the Garda SÃ­ochÃ¡na and on information being made in writing and on oath by or on behalf of the member that the supervised person the subject of an endorsed supervision decision cannot be found in the State, revoke the endorsement order.
(2) The court shall cause a decision made by it under subsection (1) to be communicated to—
(a) the Central Authority, and
(b) the Superintendent of the Garda SÃ­ochÃ¡na for the district in which the former supervised person resided.
(3) The Central Authority shall, as soon as is practicable after a decision under subsection (1) by the court is communicated to him or her pursuant to subsection (2), inform the competent authority in the issuing State of such decision.