Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Act 2020

Extension of period of monitoring

36. (1) (a) The court may at any time request the Central Authority to make enquiries of the competent authority in the issuing State as to whether the monitoring of the endorsed supervision decision specified in the request is still required.

(b) For the purposes of paragraph (a), the court may authorise the Central Authority to—

(i) issue further such enquiries to that competent authority if no response to the first enquiry is received,

(ii) specify time limits for a response to be made by that competent authority to such further enquiries, and

(iii) inform that competent authority that if a decision is not received within those time limits, the court will revoke the endorsement order.

(2) (a) Where no response referred to in subsection (1) is received from the competent authority in the issuing State, the Central Authority shall make an application, on notice to the supervised person, to the court to revoke the endorsement order.

(b) The court shall determine an application under paragraph (a) by, as it thinks it appropriate to do so in all the circumstances of the case and of the supervised person—

(i) revoking the endorsement order, or

(ii) refusing to revoke the endorsement order.

(3) Where a request for renewal of the period of monitoring of the endorsed supervision decision is made to the Central Authority by the competent authority in the issuing State, the Central Authority shall make an application, on notice to the supervised person, to the court for a decision to accede to the request so that such monitoring may be continued for the further period specified in the request.

(4) The court shall determine an application under subsection (3) by acceding to the request the subject of the application and modifying the endorsement order accordingly.

(5) Where subsection (4) applies, the court shall cause the endorsement order as so amended, or a certified copy thereof, to be sent to—

(a) the Central Authority,

(b) the Superintendent of the Garda Síochána of the district in which the supervised person resides, and

(c) the supervised person.

(6) The Central Authority shall inform the competent authority in the issuing State of each decision of the court made under this section.