Criminal Justice (Mutual Recognition of Probation Judgments and Decisions) Act 2019
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No jurisdiction to take subsequent decisions in certain cases | ||
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30. (1) This section applies where— | ||
(a) the judgment and, where applicable, the probation decision relates to a conditional release to which section 25 (2) applies, and | ||
(b) under the law of the issuing state, the sentenced person must be given a judicial hearing before a decision (in this section referred to as a “relevant decision”) is taken on the revocation of the decision on the conditional release. | ||
(2) Where the appropriate court makes an order under section 24 (2), it shall specify in the order that the State shall not assume responsibility for taking a relevant decision. | ||
(3) The Minister shall transfer jurisdiction back to the competent authority in the issuing state where the Minister is of the opinion that— | ||
(a) the sentenced person has not complied with the probation measure or alternative sanction endorsed by an order under section 24 (2) and to which this section applies, and | ||
(b) a relevant decision needs to be taken. | ||
(4) This section shall not affect the operation of section 28 . | ||
(5) Where the sentenced person is to give evidence at a judicial hearing in the issuing state, sections 68 to 72 of the Criminal Justice (Mutual Assistance) Act 2008 shall, with all necessary notifications, apply for the purposes of such hearing. |