Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023

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

84. The Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Act 2020 is amended—

(a) in section 11—

(i) in subsection (1), by the substitution of the following paragraph for paragraph (b):

“(b) establishes that he or she—

(i) is lawfully and ordinarily resident in another Member State, or

(ii) intends to reside in a Member State, other than that referred to in subparagraph (i), and the competent authority of the other Member State has consented to the forwarding of the proposed supervision decision,

and”,

and

(ii) by the insertion of the following subsection after subsection (11):

“(12) In this section, ‘other Member State’, in relation to a person, means—

(a) where subsection (1)(b)(i) applies, the Member State in which the person is lawfully and ordinarily resident, and

(b) where subsection (1)(b)(ii) applies, the Member State in which the person intends to reside.”,

(b) in section 12—

(i) in subsection (1)—

(I) by the substitution of the following paragraph for paragraph (a):

“(a) is—

(i) lawfully and ordinarily resident in another Member State, or

(ii) a person in respect of whom the competent authority of another Member State has consented to the forwarding of the proposed supervision decision,”,

and

(II) in paragraph (c), by the substitution of “reside in the other Member State” for “return to the other Member State to reside therein”,

(ii) in subsection (2), by the substitution of “reside in” for “return to”, and

(iii) by the insertion of the following subsection after subsection (3):

“(4) In this section, ‘other Member State’, in relation to a person, means—

(a) where subsection (1)(a)(i) applies, the Member State in which the person is lawfully and ordinarily resident, and

(b) where subsection (1)(a)(ii) applies, the Member State the competent authority of which has consented to the forwarding of a proposed supervision decision in relation to the person.”,

(c) in section 13, by the substitution of “(within the meaning of section 11 or 12, as the case may be)” for “concerned”,

(d) in section 14—

(i) in subsection (1), by the substitution of “(within the meaning of section 11 or 12, as the case may be)” for “concerned”, and

(ii) by the insertion of the following subsection after subsection (7):

“(8) The Central Authority shall not forward a supervision decision to more than one executing state at any one time.”,

and

(e) in section 28, by the insertion of the following subsections after subsection (7):

“(8) Where a court or person employed by, or acting for or on behalf of, the public administration of the State receives a supervision decision and Article 10 certificate directly from the competent authority of an issuing State, the court or person, as the case may be, shall—

(a) as soon as practicable send or arrange for the sending of, the documents to the Central Authority, and

(b) as soon as practicable so inform the competent authority of the issuing State by any means capable of producing a record in writing.

(9) For the purposes of this Part, the sending of a supervision decision and Article 10 certificate to the Central Authority under subsection (8) shall be deemed to constitute the forwarding of the documents to the Central Authority.”.