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

9

Interpretation - Part 2

9.(1) In this Part—

“Act of 1997” means the Bail Act 1997;

“competent authority” means a judicial or other authority in the executing State meeting the criteria specified in Article 6 of the Framework Decision and notified to the General Secretariat in accordance with that Article;

“court”, in relation to a supervision decision or proposed supervision decision, means, as appropriate—

(a) the court which made the supervision decision,

(b) the court considering the proposed supervision decision, or

(c) in the case of section 10(3), 18 , 19(1), (2) or (3) or 20 , the court before which the supervised person is to stand trial for the offence to which the supervision decision or proposed supervision decision relates but only if that court has jurisdiction in relation to bail matters;

“former supervised person” includes a person the subject of a supervision decision that has never come into effect pursuant to section 11(7);

“offence”, in relation to a supervision decision or proposed supervision decision, means alleged offence;

“proposed supervision decision” means a supervision decision that the court is considering whether or not to make;

“proposed supervised person”, in relation to a proposed supervision decision, means the person who would be the subject of such decision if it were made;

“prosecutor”, in relation to an offence, means—

(a) the Director of Public Prosecutions,

(b) a person prosecuting the offence at the suit of the Director of Public Prosecutions, or

(c) a person authorised by law to prosecute the offence;

“relevant recognisance”, in relation to a supervised person, means—

(a) subject to paragraph (b), the recognisance referred to in section 11(3) entered, or to be entered, into by the supervised person, or

(b) if the recognisance referred to in section 11(3) is varied under section 15(3), the recognisance as so varied entered, or to be entered, into by the supervised person;

“supervision decision” means a decision on supervision measures made under—

(a) section 11(2), or

(b) section 12 as read with section 11 ;

“supervision measures”, in relation to a supervision decision and the supervised person, means one or more than one of the following conditions of bail as may be specified in the supervision decision:

(a) an obligation on the person to keep a specified authority in the executing State informed of his or her place of residence and of any change in such residence in that state;

(b) an obligation on the person to refrain from attending at a specified premises or other place in the executing State;

(c) an obligation on the person to reside or remain in a specified place in the executing State, where appropriate, at specified times;

(d) an obligation on the person to obey general or specified restrictions in relation to travel outside of the territory of the executing State;

(e) an obligation on the person to report at specified times to a specified authority in the executing State;

(f) an obligation on the person to refrain from having contact with specified persons;

(g) an obligation, referred to in Article 8(2) of the Framework Decision, prescribed for the purposes of this paragraph;

“supervised person”, in relation to a supervision decision, means the person the subject of the supervision decision (whether or not the supervision decision has come into effect pursuant to section 11(7)).

(2) A reference in this Part to monitoring a supervision decision means monitoring the supervised person’s compliance with the supervision measures specified in the supervision decision.