Criminal Justice (Mutual Recognition of Probation Judgments and Decisions) Act 2019
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Consequences of recognition of judgment in State | ||
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13. (1) Subject to subsection (3) and section 15 , subsection (2) applies where— | ||
(a) the Member State competent authority recognises a judgment in the State and, where applicable, the probation decision forwarded under section 11 to that competent authority, and | ||
(b) the Member State competent authority has informed the Minister of such recognition. | ||
(2) (a) The State shall no longer have competence either in relation to the supervision of the probation measure or alternative sanction imposed by the judgment in the State and, where applicable, the probation decision or to take subsequent decisions on that probation measure or alternative sanction. | ||
(b) The executing state shall have competence in relation to the supervision of the probation measure or alternative sanction imposed by the judgment in the State and, where applicable, the probation decision and to take subsequent decisions on that probation measure or alternative sanction. | ||
(3) The competence referred to in subsection (2)(a) reverts back to the State, and the competence referred to in subsection (2)(b) ceases, immediately upon the receipt by the Member State competent authority of a notice under section 12 (5) of a decision under section 12(3) of the Minister to withdraw the Article 6 certificate concerned. | ||
(4) (a) Paragraph (b) applies where the Minister receives a notice from the executing state that the executing state has refused to assume responsibility for a subsequent decision under Article 14(3) of the Framework Decision and, consequently, the Member State competent authority has, in so far as that subsequent decision is concerned, transferred jurisdiction back to the State in accordance with Article 14(4) of the Framework Decision. | ||
(b) In so far as the subsequent decision is concerned, the competence referred to in subsection (2)(a) reverts back to the State, and the competence referred to in subsection (2)(b) ceases, immediately upon the receipt by the Minister of such notice. | ||
(5) Where subsection (2), (3) or (4) applies in relation to a judgment in the State and, where applicable, the probation decision, the Minister shall, as soon as is practicable after that application, give notice in writing of that application to the court which gave the judgment. |