Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Act 2020
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Revocation of supervision decision | ||
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20. (1) The prosecutor, on notice to the supervised person (other than where paragraph (a) applies), shall make an application to the court to revoke the supervision decision on the ground that— | ||
(a) the competent authority in the executing State has indicated to the Central Authority that the supervised person— | ||
(i) cannot be found in that state, or | ||
(ii) has established his or her lawful and ordinary residence in a state other than the executing State, | ||
(b) the competent authority in the executing State has indicated to the Central Authority that the supervision decision has been breached and the prosecutor considers that the breach is sufficiently serious to warrant the revocation of the supervision decision, or | ||
(c) the competent authority in the executing State has indicated to the Central Authority that the executing State can no longer monitor the supervision decision. | ||
(2) (a) Where subsection (1)(a) or (c) applies, the court shall revoke the supervision decision. | ||
(b) Where subsection (1)(b) applies, the court may, if it thinks it appropriate to do so in all the circumstances of the case and of the supervised person, revoke the supervision decision. | ||
(3) When the court revokes a supervision decision under section 15 or 19 or subsection (2)— | ||
(a) the court shall order the former supervised person to appear before it on a specified date as soon as may be after the revocation takes effect, and | ||
(b) the court shall treat the former supervised person in the same manner as it treats a person who has not been a supervised person. | ||
(4) (a) The court shall cause the Central Authority to be informed of a decision made by the court under subsection (2). | ||
(b) The Central Authority shall, as soon as is practicable after being informed of a decision made by the court under subsection (2), inform the competent authority of that matter. |