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

12

Application for supervision decision from person granted bail in State

12. (1) Subsection (2) applies where a person—

F3[(a) is—

(i) lawfully and ordinarily resident in another Member State, or

(ii) a person in respect of whom the competent authority of another Member State has consented to the forwarding of the proposed supervision decision,]

(b) has been granted bail in the State, and

(c) subsequent to being granted such bail, wishes to F3[reside in the other Member State] pending the trial of the offence to which the bail relates.

(2) The person may, on notice to the Central Authority and the prosecutor, make an application to the court that granted bail to request that court to make a supervision decision in his or her case as regards his or her wish to F3[reside in] the other Member State.

(3) Section 11 shall, with all necessary modifications, apply to an application under subsection (2) as that section applies to an application under section 11(1).

F4[(4) In this section, "other Member State", in relation to a person, means—

(a) where subsection (1)(a)(i) applies, the Member State in which the person is lawfully and ordinarily resident, and

(b) where subsection (1)(a)(ii) applies, the Member State the competent authority of which has consented to the forwarding of a proposed supervision decision in relation to the person.]

Annotations:

Amendments:

F3

Substituted (3.05.2023) by Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (3/2023), s. 84(b)(i)(I), (II), (ii), S.I. No. 213 of 2023.

F4

Inserted (3.05.2023) by Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (3/2023), s. 84(b)(iii), S.I. No. 213 of 2023.