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Response of competent authority in executing State to supervision decision
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15. (1) Where the competent authority in the executing State informs the Central Authority—
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(a) (i) that, because of exceptional circumstances, it is not possible to make a decision on monitoring the supervision decision within the time limits referred to in Article 12(1) and (2) of the Framework Decision,
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(ii) subject to subsection (2)(b), of the reasons for the delay, and
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(iii) subject to subsection (2)(b), of the estimated time needed for the final decision to be taken on the supervision decision,
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(b) that the competent authority in the executing State has adapted a supervision measure specified in the supervision decision in line with its law,
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(c) that there is a maximum length of time during which the supervision decision can be monitored in that state, or
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(d) that the competent authority in the executing State will not agree to monitor the supervision decision and of the reasons for not so agreeing,
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the Central Authority shall inform the court, the prosecutor and the supervised person of that matter or those matters, as appropriate.
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(2) (a) Subject to paragraph (b), where subsection (1)(a) applies, the prosecutor, on notice to the supervised person, or the supervised person, on notice to the prosecutor, may make an application to the court to revoke the supervision decision.
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(b) An application may be made under paragraph (a) notwithstanding that the competent authority in the executing State has not informed the Central Authority of the matter referred to in subsection (1)(a)(ii) or (iii), or both such matters.
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(c) The court shall determine an application under paragraph (a) by, as it thinks it appropriate to do so in all the circumstances of the case and of the supervised person—
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(i) revoking the supervision decision, or
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(ii) refusing to revoke the supervision decision.
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(3) (a) Where subsection (1)(b) applies, the prosecutor, on notice to the supervised person, shall, as soon as is practicable, make an application to the court to—
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(i) note the adaptation on the supervision decision and, if necessary, modify the supervision decision or vary the relevant recognisance, or do both, to take account of that adaptation, or
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(ii) revoke the supervision decision.
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(b) The court shall determine an application under paragraph (a) (regardless of whether the application falls within paragraph (a)(i) or (ii)) by, as it thinks it appropriate to do so in all the circumstances of the case and of the supervised person—
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(i) with the consent of the supervised person, noting the adaptation on the supervision decision and, if necessary, modifying the supervision decision or varying the relevant recognisance, or do both, to take account of that adaptation, or
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(ii) revoking the supervision decision.
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(4) (a) Where subsection (1)(c) applies, the prosecutor, on notice to the supervised person, shall, as soon as is practicable, make an application to the court to—
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(i) limit the duration of the supervision decision and modify the supervision decision accordingly, or
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(ii) revoke the supervision decision.
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(b) The court shall determine an application under paragraph (a) (regardless of whether the application falls within paragraph (a)(i) or (ii)) by, as it thinks appropriate to do so in all the circumstances of the case and of the supervised person—
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(i) limiting the duration of the supervision decision and modifying the supervision decision accordingly, or
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(ii) revoking the supervision decision.
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(5) (a) Where subsection (1)(d) applies, the prosecutor, on notice to the supervised person, shall, as soon as is practicable, make an application to the court to revoke the supervision decision.
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(b) The court shall determine an application under paragraph (a) by revoking the supervision decision.
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(c) The information referred to in subsection (7)(a) shall include the reasons specified by the competent authority in the executing State for not agreeing to monitor the supervision decision.
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(6) (a) Where the court modifies the supervision decision, or varies the relevant recognisance, under this section, it shall cause the supervision decision as so modified or the relevant recognisance as so varied, or both, as appropriate, or a certified copy or copies thereof, to be sent to—
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(i) the Central Authority,
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(ii) the prosecutor,
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(iii) the governor of the prison (if any) to which the supervised person or former supervised person is remanded, and
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(iv) the supervised person.
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(b) 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.
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(7) Where the court revokes the supervision decision under this section, it shall—
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(a) subject to subsection (5)(c), cause the following persons to be informed of such revocation:
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(i) the Central Authority;
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(ii) the prosecutor;
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(iii) the governor of the prison (if any) to which the former supervised person is remanded;
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(iv) the former supervised person,
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and
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(b) treat the former supervised person in the same manner as it treats a person who has not been a supervised person.
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(8) The Central Authority shall, as soon as is practicable after being informed under subsection (7) of a decision of the court to revoke the supervision decision under this section, inform the competent authority in the executing State of the court’s decision.
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