|
|
|
Request for information under Article 6 of Framework Decision
|
| |
6. (1) Where information from the Criminal Records Database in relation to a person is required—
|
|
| |
(a) for the purposes of criminal proceedings against the person in the State, or
|
|
| |
(b) by or under any enactment or rule of law for a purpose specified in Schedule 3,
|
|
| |
the Central Authority may, in accordance with subsection (4), submit a request under Article 6 of the Framework Decision to the central authority of a Member State for information contained in the criminal record of the Member State in relation to the person for that purpose.
|
|
| |
(2) Where a person who is a national of a Member State makes a request to the Garda Síochána for a copy of his or her criminal record, the Central Authority shall submit a request to the central authority of the Member State for information contained in the criminal record of that Member State in relation to the person, for the purpose of including the information in the information provided by it to the person.
|
|
| |
(3) Where a person makes a request to the Garda Síochána for a copy of his or her criminal record, the Central Authority may, for the purposes of including the information in the information provided by the Central Authority to the person—
|
|
| |
(a) in the case of a person who is or was a national or a resident of the State, submit a request to the central authority of a Member State, for information contained in the criminal record of the Member State in relation to the person, or
|
|
| |
(b) in the case of a person who is or was a national or a resident of a Member State, submit a request to the central authority of a Member State, for information contained in the criminal record of the Member State in relation to the person.
|
|
| |
(4) A request made under this section by the Central Authority shall be made using the form set out in the Annex to the Framework Decision in the official language, or one of the official languages, of the Member State to whom the request is submitted.
|
|
| |
(5) In subsections (2) and (3), “criminal record”, in relation to a person and his or her own criminal record, means a record of the person’s convictions, whether within or outside the State.
|
