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

Issuing State to have jurisdiction for subsequent decisions

35. (1) Notwithstanding the fact that the supervision decision is an endorsed supervision decision but subject to subsection (2), the issuing State shall have jurisdiction to—

(a) renew, review or revoke the supervision decision, and

(b) modify one or more than one supervision measure specified in the decision.

(2) A decision by an issuing State to modify the endorsed supervision decision shall apply to the supervision decision only if such modification is approved by the court on application under this section.

(3) (a) The Central Authority shall, as soon as is practicable after the receipt by him or her of a notification by the issuing State of a decision to modify the supervision decision, make an application, on notice to the supervised person, to the court for the amendment of the endorsement order to take account of such modification.

(b) The court shall determine an application under paragraph (a) by—

(i) if necessary and subject to subparagraphs (ii) and (iii), amending the endorsement order,

(ii) refusing to amend the endorsement order if the modified supervision decision includes a proposed supervision measure which does not fall within the definition of “supervision measures” in section 27 , or

(iii) if any supervision measure specified in the modification of the endorsed supervision decision is incompatible with the law of the State, adapting, in the modification to the endorsement order, 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.

(4) (a) The Central Authority shall, as soon as is practicable after being informed that the issuing State has revoked the supervision decision, make an application to the court to revoke the endorsement order.

(b) The court shall determine an application under paragraph (a) by revoking the endorsement order.

(5) Where the court has modified an endorsement order under this section, it shall cause a certified copy thereof to be sent to—

(a) the Central Authority,

(b) the Superintendent of the Garda Síochána for the district in which the supervised person resides, and

(c) the supervised person.

(6) Where the court has revoked an endorsement order under this section, it shall cause notice of such revocation to be sent to—

(a) the Central Authority,

(b) the Superintendent of the Garda Síochána for the district in which the supervised person resides, and

(c) the supervised person.

(7) The Central Authority shall, as soon as is practicable, send to the competent authority in the issuing State, as appropriate:

(a) the endorsement order, or a certified copy thereof, as modified under this section;

(b) the decision of the court under subsection (3)(b)(ii) to refuse to modify the endorsement order and the reasons for such decision;

(c) the order, or a certified copy thereof, under subsection (4)(b) revoking the endorsement order.