Criminal Justice (Mutual Recognition of Probation Judgments and Decisions) Act 2019
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Time limits for decision | ||
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26. (1) Subject to subsection (3), the Minister shall make an application under section 23 (1)(a) as soon as is practicable and, in any event, in sufficient time to enable the appropriate court to decide on the application— | ||
(a) subject to paragraph (b), within a period of 60 days of the receipt by the Minister of a judgment and, where applicable, the probation decision together with the accompanying Article 6 certificate, or | ||
(b) in a case to which section 20 (1) and (2) applies to the Article 6 certificate, within a period of 60 days of the remedial action concerned referred to in section 20 (2)(b) being taken. | ||
(2) Subject to subsection (3), the Minister shall make a decision referred to in section 23 (1)(b) as soon as is practicable and, in any event— | ||
(a) subject to paragraph (b), within a period of 60 days of the receipt by the Minister of a judgment and, where applicable, the probation decision together with the accompanying Article 6 certificate, or | ||
(b) in a case to which section 20 (1) and (2) applies to the Article 6 certificate, within a period of 60 days of the remedial action concerned referred to in section 20 (2)(b) being taken. | ||
(3) When, in exceptional circumstances, it is not possible for the Minister to comply with the time limit provided for in subsection (1) or (2), 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— | ||
(a) that delay, | ||
(b) the reasons for the delay, and | ||
(c) the estimated time needed for a final decision to be taken on the judgment and, where applicable, the probation decision concerned. | ||
(4) When making an application under section 23 (1)(a), the Minister shall inform the appropriate court of— | ||
(a) subject to paragraph (b), the date of the receipt by the Minister of the judgment and, where applicable, the probation decision together with the accompanying Article 6 certificate the subject of the application, or | ||
(b) in a case to which section 20 (1) and (2) applies to the Article 6 certificate, the date (if any) that that section ceased to apply to the certificate. | ||
(5) Subject to subsection (6), the appropriate court shall decide on an application under section 23 (1)(a) as soon as is practicable and, in any event— | ||
(a) subject to paragraph (b), within the period of 60 days of the receipt by the Minister of the judgment and, where applicable, the probation decision together with the accompanying Article 6 certificate the subject of the application, or | ||
(b) in a case to which section 20 (1) and (2) applies to the Article 6 certificate, within the period of 60 days of the remedial action concerned referred to in section 20 (2)(b) being taken. | ||
(6) When, in exceptional circumstances, it is not possible for the appropriate court to comply with the time limit provided for in subsection (5), it shall, as soon as is practicable, cause the Minister to be informed of— | ||
(a) that delay, | ||
(b) the reasons for the delay, and | ||
(c) the estimated time needed for a final decision to be taken on the judgment and, where applicable, the probation decision concerned. | ||
(7) The Minister shall, as soon as is practicable after the receipt of information under subsection (6), by any means capable of leaving a record in writing, give that information to the competent authority in the issuing state. |