Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Act 2020
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Expiry of supervision decision | ||
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18. (1) A supervision decision shall cease to have effect— | ||
(a) subject to paragraphs (b) and (d), on the date on which the intended duration of the decision, as specified in the decision pursuant to section 11 (4)(a), expires, | ||
(b) subject to paragraph (d), if section 15 (4)(b)(i) or 19 (1)(a) and (b)(i) applies, on the date on which the new intended duration of the decision, as specified in the decision pursuant to that section, expires, | ||
(c) subject to paragraph (d), if subsection (4)(b) applies, on the date on which the new intended duration of the decision, as specified in the decision pursuant to that subsection, expires, or | ||
(d) if the decision has been revoked under this Part, on the date on which the executing State is given notice of the revocation by the Central Authority pursuant to section 15 (8), 19 (3) or 20 (4), as appropriate. | ||
(2) (a) Subject to paragraph (b), the court may, in relation to the supervision decision— | ||
(i) on its own initiative, or | ||
(ii) on application made to it by the prosecutor, on notice to the supervised person, or on application made to it by the supervised person, on notice to the prosecutor, | ||
direct the Central Authority to request the competent authority in the executing State to extend the monitoring of the supervision decision for the further period specified in the direction. | ||
(b) The court shall give a direction under paragraph (a) if the court thinks that it is appropriate to do so in all the circumstances of the case and of the supervised person. | ||
(c) The Central Authority shall comply with a direction given under paragraph (a) as soon as is practicable after the direction is given to him or her. | ||
(3) (a) Where the Central Authority complies with a direction given to him or her under subsection (2)(a) but the competent authority in the executing State refuses to comply with the request referred to in that subsection, the Central Authority shall, as soon as is practicable after he or she receives such refusal, inform the court and the supervised person of the refusal. | ||
(b) The supervision decision the subject of such refusal shall cease to have effect in accordance with this Part as if the request referred to in subsection (2)(a) had never been made. | ||
(4) (a) Where the Central Authority complies with a direction given to him or her under subsection (2)(a) and the competent authority in the executing State agrees with the request referred to in that subsection, the Central Authority shall, as soon as is practicable after he or she receives such agreement, inform the court of that matter. | ||
(b) The court may, as soon as is practicable after being informed that the competent authority in the executing State has agreed to the request referred to in subsection (2)(a), extend the monitoring of the supervision decision for the further period specified in the agreement and modify the decision accordingly. | ||
(c) Where the court modifies the supervision decision under paragraph (b), it shall cause the supervision decision as so modified, or a certified copy thereof, to be sent to— | ||
(i) the Central Authority, | ||
(ii) the prosecutor, and | ||
(iii) the supervised person. | ||
(d) The Central Authority shall, as soon as is practicable after he or she receives the supervision decision as so modified, or a certified copy thereof, forward the supervision decision or certified copy to the competent authority in the executing State. | ||
(5) Where a former supervised person appears before the court on a date after the expiry of the period for the monitoring by the executing State of the supervision decision, the court shall treat the person as if he or she has, during the period for which the supervision decision was in force in the executing State, been a person on bail in the State. |