Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Act 2020

Breach of supervision decision

37. (1) (a) Subject to paragraph (b), the court may, on the application of a member of the Garda Síochána and on information being made in writing and on oath by or on behalf of the member, determine that the supervised person the subject of an endorsed supervision decision has breached a supervision measure specified in the supervision decision.

(b) An application under paragraph (a) shall be on notice to the supervised person.

(2) If the court determines that a supervision measure specified in the endorsed supervision decision has been breached, it shall—

(a) cause a notice or notices of such breach to be sent through the Central Authority to the competent authority in the issuing State in the form set out in Annex II to the Framework Decision together with information on any time limits within which a response to the notice or notices should be made, and

(b) if the competent authority in the issuing State fails to modify or revoke the endorsed supervision decision within a reasonable period after 2 or more notices referred to in paragraph (a) have been sent to it, cause a notice to be sent through the Central Authority to the competent authority—

(i) inviting the competent authority to modify or revoke the supervision decision, and

(ii) informing the competent authority that if it fails to modify or revoke the supervision decision within the period specified in the last-mentioned notice for that purpose, the court will revoke the endorsement order.

(3) Where either—

(a) the competent authority in the issuing State fails to respond to an invitation referred to in subsection (2)(b)(i) made to it within the period referred to subsection (2)(b)(ii), or

(b) the competent authority revokes the supervision decision,

the court shall revoke the endorsement order.

(4) The court shall cause a decision under this section made by it to be communicated to—

(a) the Central Authority,

(b) the Superintendent of the Garda Síochána for the district in which the supervised person or former supervised person resides, and

(c) the supervised person or former supervised person.

(5) The Central Authority shall, as soon as is practicable after a decision under this section by the court is communicated to him or her pursuant to subsection (4), inform the competent authority in the issuing State of such decision.