Criminal Justice (Mutual Recognition of Probation Judgments and Decisions) Act 2019
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Transfer of jurisdiction back to competent authority in issuing state | ||
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32. (1) The Minister may transfer jurisdiction in respect of the supervision of the probation measure or alternative sanction concerned and in respect of all subsequent decisions referred to in Article 14 of the Framework Decision relating thereto back to the competent authority in the issuing state if— | ||
(a) the Minister is satisfied on reasonable grounds that the sentenced person has absconded or is no longer lawfully and ordinarily residing in the State, or | ||
(b) new criminal proceedings are brought against the sentenced person in the issuing state and the competent authority in the issuing state so requests. | ||
(2) On and from the date of the transfer of jurisdiction back to the competent authority in the issuing state under subsection (1), the State shall no longer have jurisdiction in respect of the supervision of the probation measure or alternative sanction concerned or in respect of any subsequent decisions referred to in Article 14 of the Framework Decision relating thereto. | ||
(3) The Minister shall notify the court specified in section 24 (5)(b) of the transfer of jurisdiction under subsection (1) within 4 working days of the transfer having been effected. |