Criminal Records (Exchange of Information) Act 2019

Information relating to conviction in State of person who is national of Member State

4. (1) Where a person is—

(a) convicted in the State of an offence, and

(b) a national of one or more Member States,

the Central Authority shall, as soon as practicable, inform the central authority of the Member State, or of each Member State of which it is known that the convicted person is a national, of the conviction by transmitting to such central authority or central authorities concerned the information specified in Schedule 2 in relation to that conviction.

(2) When transmitting information to a central authority under subsection (1), the Central Authority may include any other information contained in the Criminal Records Database relating to the conviction that is in addition to the information specified in Schedule 2 .

(3) Where information transmitted to a central authority under subsection (1) or (2) is subsequently altered or deleted in the Criminal Records Database, the Central Authority shall, as soon as practicable, transmit the information as so altered or deleted to the central authority concerned.

(4) Where information is transmitted to a central authority under subsection (1) or (2) the Central Authority shall, on the request of the central authority concerned in an individual case, transmit to such central authority a copy of the conviction and any sentence imposed, or related order of a court, in respect of the conviction and any other information relevant thereto, for the purpose of enabling that central authority to consider whether any measures are necessitated in the Member State of the person’s nationality.

(5) When transmitting information to the central authority of a Member State in accordance with this section, the Central Authority may inform the central authority concerned that the information transmitted may not be retransmitted for any purposes other than for the purpose of criminal proceedings.

(6) This section applies irrespective of whether or not the person referred to in subsection (1) is also a national of the State.