Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Act 2020
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Endorsement of supervision decision by court | ||
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31. (1) Subsection (2) applies where an application under section 30 (1) is made to the court and the court is— | ||
(a) satisfied that the supervision decision the subject of the application complies with the provisions of this Part applicable to the supervision decision, | ||
(b) not prevented by section 29 (1), (3) or (6) from endorsing the supervision decision, and | ||
(c) not relying upon section 29 (2) or (5) to refuse to endorse the supervision decision. | ||
(2) (a) Subject to paragraph (b), the court shall make an order endorsing the supervision decision for the purpose of its recognition and the assumption by the State of responsibility for monitoring the decision, | ||
(b) If a supervision measure specified in the supervision decision is incompatible with the law of the State, the court may, in the endorsement order, adapt the measure to that of a supervision measure which— | ||
(i) falls within the definition of “supervision measures” in section 27 , | ||
(ii) is imposable in the State as a condition of bail, | ||
(iii) corresponds, as far as is possible, to the first-mentioned supervision measure, and | ||
(iv) is not more severe than the first-mentioned supervision measure. | ||
(3) Subject to section 35 , the endorsed supervision decision shall be monitored in the State as if it were a decision to grant bail in the State. | ||
(4) When the court makes an endorsement order, it shall direct that compliance with the endorsed supervision decision be monitored by the Garda Síochána. | ||
(5) An endorsement order shall specify, in relation to the supervision decision, the Superintendent of the Garda Síochána for the district in which the supervised person resides or will reside to whom the supervised person shall report as soon as is practicable after his or her arrival in the State. |