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

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Withdrawal of Article 6 certificate

12. (1) Where a judgment in the State and, where applicable, the probation decision has been forwarded under section 11 to a Member State competent authority, the Minister may, at the same time as such forwarding or subsequently, make a request in writing to the Member State competent authority to inform the Minister of the maximum custodial sentence, or other measure involving the deprivation of liberty, that could be imposed on the sentenced person if he or she fails to comply with the probation measure or alternative sanction concerned.

(2) Subsection (3) applies where the Minister—

(a) receives information pursuant to a request under subsection (1), or

(b) after a judgment in the State and, where applicable, the probation decision has been forwarded under section 11 to a Member State competent authority, receives notice of a decision by the Member State competent authority to make an adaptation, in accordance with Article 9 of the Framework Decision, to the probation measure or alternative sanction concerned.

(3) Subject to subsections (4) and (5), the Minister may, after having regard to the information or adaptation referred to in subsection (2), decide to withdraw the Article 6 certificate concerned if the Minister is of the opinion that it would be in the public interest or the interests of justice to do so.

(4) The Minister shall not withdraw an Article 6 certificate under subsection (3) if the supervision of the probation measure or alternative sanction has already commenced in the executing state.

(5) The Minister shall, as soon as is practicable after making a decision under subsection (3) to withdraw an Article 6 certificate but, in any case, not later than 10 days after receiving the information or notice concerned referred to in subsection (2), give notice in writing of that decision to the Member State competent authority and the sentenced person.