Criminal Justice (Mutual Recognition of Probation Judgments and Decisions) Act 2019
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Transfer of jurisdiction back to State | ||
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15. (1) Where, whilst the probation measure or alternative sanction concerned is being supervised by the executing state, the sentenced person is charged with an offence under the law of the State, the Minister may request the Member State competent authority to transfer the competence referred to in section 13 (2)(b), in so far as such competence relates to that probation measure or alternative sanction, back to the State pursuant to Article 20(2) of the Framework Decision. | ||
(2) Subsections (3) to (5) apply where the Member State competent authority transfers, in relation to the probation measure or alternative sanction concerned, the competence referred to in section 13 (2)(b) back to the State— | ||
(a) in accordance with Article 20(1) of the Framework Decision, or | ||
(b) in accordance with Article 20(2) of the Framework Decision following the receipt by the Member State competent authority of a request under subsection (1) made by the Minister. | ||
(3) (a) The State shall resume the competence referred to in section 13 (2)(b) in relation to the probation measure or alternative sanction concerned. | ||
(b) The Minister may, for the purposes of subsection (4), request the Member State competent authority to provide the Minister with information relating to— | ||
(i) the duration and degree of compliance by the sentenced person with the probation measure or alternative sanction in the executing state, and | ||
(ii) any subsequent decisions taken by the executing state in respect of the probation measure or alternative sanction. | ||
(4) The Minister and the appropriate court shall each take account of any information provided to the Minister pursuant to a request under subsection (3) for the further supervision of the probation measure or alternative sanction concerned and in respect of subsequent decisions on the probation measure or alternative sanction. | ||
(5) Where the State has, under subsection (3), resumed jurisdiction in the competence referred to in section 13 (2)(b) in relation to the probation measure or alternative sanction concerned, the Minister shall— | ||
(a) if the resumption is pursuant to a request under subsection (1), as soon as is practicable after such resumption, give notice in writing of the resumption to the sentenced person, or | ||
(b) if the resumption is pursuant to Article 20(1) of the Framework Decision, make all reasonable efforts to give notice in writing of such resumption to the sentenced person. |