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

Subsequent decisions in relation to supervision decision

19. (1) (a) Subject to paragraph (c), the court may, in relation to the supervision decision—

(i) on its own initiative, or

(ii) on application made to it by the prosecutor, on notice to the supervised person, or on application made to it by the supervised person, on notice to the prosecutor,

make a decision to which this paragraph applies by virtue of paragraph (b).

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

(i) to renew the supervision decision (if such renewal is within any maximum period notified to the court as the maximum period during which the supervision decision can be monitored in the executing State) and to modify the supervision decision accordingly;

(ii) subject to section 20 (1), to revoke the supervision decision;

(iii) to modify a supervision measure specified in the supervision decision provided that the supervision measure as so modified still falls within the definition of “supervision measures” in section 9 (1).

(c) The court shall make a decision to which paragraph (a) applies if the court thinks it is appropriate to do so in all the circumstances of the case and of the supervised person.

(2) (a) Any modification of a supervision measure under this section shall cease to have effect on notification to the court by the Central Authority that the competent authority in the executing State does not agree to such modification.

(b) The court may revoke the supervision decision if it considers it necessary to do so where it is informed under paragraph (a) that the competent authority in the executing State does not agree to the modification.

(3) (a) The court shall direct the Central Authority to inform the competent authority in the executing State or former executing State and the supervised person or former supervised person of any decision taken by the court under subsection (1) or (2)(b).

(b) The Central Authority shall comply with a direction given under paragraph (a), as soon as is practicable after the direction is given to him or her.