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

Obligation to consult with competent authority in executing State

10. (1) (a) For the purposes to which this paragraph applies by virtue of paragraph (b), the Central Authority shall, in so far as is practicable and reasonable, consult with the competent authority—

(i) in the executing State in relation to a supervision decision, and

(ii) in the proposed executing State in relation to a proposed supervision decision.

(b) The purposes to which paragraph (a) applies are the following:

(i) to facilitate the preparation or forwarding of the supervision decision;

(ii) to facilitate the monitoring of the supervision decision;

(iii) where the supervised person has committed a serious breach of the supervision decision, to notify such breach or clarify—

(I) any matter in connection with it, or

(II) any action necessary as a consequence of such breach.

(2) (a) The application of subsection (1) shall include the exchange of information.

(b) Without prejudice to the generality of paragraph (a), such information includes information verifying the identity and place of residence of the supervised person or proposed supervised person and the exchange of information extracted from criminal records as permitted by law.

(3) Where the Central Authority is given information by the competent authority in the executing State (whether during a consultation under subsection (1) or at any time) which indicates that the supervised person or proposed supervised person might pose a risk to the victim of the offence to which the supervision decision or proposed supervision decision relates or to the public, the Authority shall bring such information to the attention of the court and the court shall have due regard to such information in the exercise of its responsibilities under this Part.