Criminal Records (Exchange of Information) Act 2019

Transmission of information in accordance with Council Decision

10. (1) The Central Authority shall transmit electronically, in the standardised format required by the Council Decision the following:

(a) information in accordance with section 4 ;

(b) requests in accordance with section 6 ;

(c) replies in accordance with section 7 or 8 ;

(d) all other relevant information in relation to the information, requests and replies referred to in paragraphs (a), (b) and (c).

(2) When transmitting information in accordance with section 4 (1), (2) or (3), 7 or 8 relating to the name or legal classification of an offence, the Central Authority shall, in respect of each offence referred to in the transmission, refer to the code opposite the category of offences set out in Annex A to the Council Decision to which the offence corresponds in accordance with Article 4(1) of that Decision.

(3) When transmitting information in accordance with section 4 (1), (2) or (3), 7 or 8 relating to a sentence, penalty or measure imposed in respect of a conviction, or any subsequent decision modifying the enforcement of the sentence, the Central Authority shall, in respect of each of the penalties and measures referred to in the transmission—

(a) refer to the code opposite the category of penalties and measures set out in Annex B to the Council Decision to which the penalty or measure corresponds in accordance with Article 4(2) of the Council Decision, and

(b) provide, where applicable, in accordance with Article 4(2) of, and Annex B to, the Decision, available information relating to the nature and conditions of the execution of the penalty or measure imposed.

(4) In this section, “Council Decision” means Council Decision 2009/316/JHA of 6 April 2009 on the establishment of the European Criminal Records Information System (ECRIS) in application of Article 11 of Framework Decision 2009/315/JHA, the text of which in the English language is for convenience of reference set out in Schedule 4.