Criminal Justice (Mutual Recognition of Probation Judgments and Decisions) Act 2019

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Forwarding of judgment in State, etc., to Member State competent authority

11. (1) On receipt of a request under section 10 (1) or (2), the Minister may forward, in accordance with subsection (8), the judgment in the State and, where applicable, the probation decision to which the request relates to the Member State competent authority to which the request relates if the Minister is satisfied that the sentenced person—

(a) is lawfully and ordinarily residing in the other Member State,

(b) has returned, or wants to return, to that State, and

(c) one of the following has occurred:

(i) the ordinary time for bringing an appeal against the judgment has expired without any such appeal having been made;

(ii) such appeal has been withdrawn or abandoned;

(iii) on any such appeal, that judgment was upheld.

(2) On receipt of a request under section 10 (3), the Minister may forward, in accordance with subsection (8), the judgment in the State and, where applicable, the probation decision to which the request relates to the Member State competent authority to which the request relates if the Minister is satisfied that—

(a) that Member State competent authority has consented to such forwarding, and

(b) one of the following has occurred:

(i) the ordinary time for bringing an appeal against the judgment has expired without any such appeal having been made;

(ii) such appeal has been withdrawn or abandoned;

(iii) on any such appeal, that judgment was upheld.

(3) (a) For the purposes of paragraph (c)(i) of subsection (1) or paragraph (b)(i) of subsection (2), the Minister may request the registrar or clerk of the court which gave the judgment in the State concerned to, where the ordinary time for bringing an appeal against the judgment has expired without any such appeal having been made, provide the Minister with a certificate signed by the registrar or clerk stating that the ordinary time for making an appeal against the judgment has expired without any such appeal having been made.

(b) For the purposes of paragraph (c)(ii) and (iii) of subsection (1) or paragraph (b)(ii) or (iii) of subsection (2), the Minister may request the registrar or clerk of the court to which an appeal against the judgment in the State concerned has been made to—

(i) advise the Minister whether—

(I) such appeal has been withdrawn or abandoned, or

(II) on such appeal, that judgment was upheld,

and

(ii) if the advice is that such is the case, provide the Minister with a certificate signed by the registrar or clerk stating that, as appropriate—

(I) such appeal has been withdrawn or abandoned, or

(II) on such appeal, that judgment was upheld.

(4) Subsection (5) applies if the Member State competent authority to which a judgment in the State and, where applicable, the probation decision has been forwarded under this section makes a request to the Minister to be provided with the judgment or a duly authenticated copy of the judgment.

(5) (a) The Minister shall comply with a request under subsection (4) as soon as is practicable.

(b) For the purposes of such compliance, the Minister may request the registrar or clerk of the court which gave the judgment in the State concerned to provide the Minister with that judgment or a duly authenticated copy of the judgment.

(6) The registrar or clerk of the court concerned the subject of a request under subsection (3) or (5)(b) shall comply with the request as soon as is practicable after he or she receives the request.

(7) The Minister shall, in deciding whether or not to forward under this section a judgment in the State and, where applicable, the probation decision to the Member State competent authority, have regard to the declarations made by the other Member State under Articles 5(4), 10(4) and 14(3) of the Framework Decision.

(8) Where the Minister has made a decision to forward under this section a judgment in the State and, where applicable, the probation decision to the Member State competent authority, the Minister shall—

(a) forward the judgment and, where applicable, the probation decision, accompanied by an Article 6 certificate (and, subject to subsection (11), a translation of the Article 6 certificate in a relevant language), signed by the Minister, directly to the Member State competent authority by any means capable of producing a record in writing under conditions allowing the Member State competent authority to establish the authenticity of the 2 (or, if applicable, 3 or 4) documents, and

(b) if the Member State competent authority makes a request to the Minister to provide the Member State competent authority with the original Article 6 certificate or original probation decision, provide the Member State competent authority—

(i) with that original Article 6 certificate or original probation decision, or

(ii) with a copy of that original Article 6 certificate or original probation decision certified by the Minister to be a true copy of that original.

(9) The Minister shall not forward under this section a judgment in the State and, where applicable, the probation decision together with the accompanying Article 6 certificate to more than one Member State competent authority at any one time.

(10) (a) Subject to paragraph (b), the sentenced person shall be deemed to be lawfully and ordinarily residing in another Member State if he or she were lawfully residing in that State immediately before the giving of the judgment in the State concerned.

(b) A period in which the sentenced person was remanded in custody, or serving a sentence of imprisonment or detention (in a children detention school within the meaning of section 3 of the Children Act 2001 or place provided under section 2 of the Prisons Act 1970 ), in the State shall be disregarded for the purposes of paragraph (a).

(11) The Minister is not required to forward a translation referred to in subsection (8)(a) of the Article 6 certificate concerned to the Member State competent authority if the Minister knows that the Member State competent authority does not require such translation.

(12) In this section, “relevant language”, in relation to a translation of an Article 6 certificate to be forwarded under this section to the Member State competent authority, means the official language or one of the official languages of the Member State.