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

Obligation to provide certain information to competent authority in issuing state

29. (1) The Minister shall immediately notify the competent authority in the issuing state, by any means capable of producing a record in writing, of any of the following:

(a) the recognition by the Minister under section 28 of a judgment and, where applicable, the probation decision for the purposes of the assumption by the State of responsibility for supervising the probation measure or alternative sanction concerned;

(b) any decision of the Minister referred to in section 23 (1)(b), together with the reasons for the decision;

(c) any decision of the appropriate court under section 24 not to endorse a judgment and, where applicable, the probation decision, together with the reasons for the decision;

(d) an order of the appropriate court under section 24 (2) adapting a probation measure or alternative sanction, together with the reasons for the adaptation;

(e) if section 30 applies to a judgment and, where applicable, the probation decision, that the State will not assume responsibility for making a relevant decision within the meaning of section 30 (1).

(2) The Minister shall without delay inform the competent authority in the issuing state, by any means capable of producing a record in writing, of any of the following:

(a) the forwarding of a relevant document (within the meaning of section 22 (3)) under section 22 to the Minister;

(b) the non-commencement or discontinuance of the supervision of the probation measure or alternative sanction concerned due to an amnesty, pardon or remission of punishment having been granted under the law of the State or the issuing state to the sentenced person in respect of the offence to which the judgment and, where applicable, the probation decision relates.

(3) Where, because the sentenced person cannot be found in the State after the forwarding of the judgment and, where applicable, the probation decision together with the accompanying Article 6 certificate to the Minister pursuant to Articles 5 and 6 of the Framework Decision, it is in practice impossible for the probation measure or alternative sanction concerned to be supervised by the State, the Minister shall, as soon as is practicable, inform the competent authority in the issuing state, by any means capable of producing a record in writing, of that fact.

(4) Where a judgment and, where applicable, the probation decision have been recognised by the Minister under section 28 (other than a judgment and, where applicable, the probation decision to which section 30 (1) applies), the Minister shall, as soon as is practicable, inform the competent authority in the issuing state, by any means capable of producing a record in writing, of any subsequent decision—

(a) modifying the probation measure or alternative sanction concerned,

(b) revoking the suspension of the execution of the judgment,

(c) revoking the decision on conditional release, or

(d) in consequence of a failure by a sentenced person to comply with the probation measure or alternative sanction—

(i) enforcing a custodial sentence, or other measure involving the deprivation of liberty, on the person, or

(ii) imposing a custodial sentence, or other measure involving the deprivation of liberty, on the person.

(5) Subject to subsections (6) and (7), the Minister shall, as soon as is practicable, notify the competent authority in the issuing state which has jurisdiction for a relevant decision within the meaning of section 30 (1), pursuant to the application of section 30 , of—

(a) any finding which is likely to result in the revocation of the decision on conditional release,

(b) all further facts and circumstances which the competent authority in the issuing state requests to be provided, or

(c) all further facts and circumstances, knowledge of which is essential in order to allow the competent authority in the issuing state to take such relevant decision in accordance with its national law.

(6) The Minister shall give notice of the finding referred to in subsection (5)(a) using the form set out in Annex II to the Framework Decision.

(7) The Minister shall give notice of the facts and circumstances referred to in paragraph (b) or (c) of subsection (5) by any means which is capable of producing a record in writing (including, if practicable, by using the form set out in Annex II to the Framework Decision).