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

Number 21 of 2020

CRIMINAL JUSTICE (MUTUAL RECOGNITION OF DECISIONS ON SUPERVISION MEASURES) ACT 2020

REVISED

Updated to 3 May 2023

This Revised Act is an administrative consolidation of the Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Act 2020. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including the Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2023), enacted 2 May 2023, and all statutory instruments up to and including the Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (Commencement) Order 2023 (S.I. No. 213 of 2023), made 2 May 2023, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 21 of 2020


CRIMINAL JUSTICE (MUTUAL RECOGNITION OF DECISIONS ON SUPERVISION MEASURES) ACT 2020

REVISED

Updated to 3 May 2023


CONTENTS

PART 1

Preliminary and General

Section

1. Short title and commencement

2. Interpretation

3. Means of transmission of document or information by Central Authority

4. Application of Act

5. Central Authority in State

6. Orders and regulations

7. Expenses

PART 2

Issuing State is Ireland

8. Application of Part 2

9. Interpretation - Part 2

10. Obligation to consult with competent authority in executing State

11. Power of court to make supervision decision

12. Application for supervision decision from person granted bail in State

13. Provisions supplementary to sections 11 and 12

14. Forwarding of supervision decision to competent authority in executing State

15. Response of competent authority in executing State to supervision decision

16. Decision of executing State to monitor supervision decision

17. Notifications from executing State

18. Expiry of supervision decision

19. Subsequent decisions in relation to supervision decision

20. Revocation of supervision decision

21. Issue of arrest warrant

22. Certain hearings may be conducted through live television link

PART 3

Executing State is Ireland

23. Application of Part 3

24. Definitions - Part 3

25. Obligation to consult with competent authority in issuing State

26. Corresponding offences

27. Supervision measures to which Part 3 applies

28. Forwarding of supervision decision to Central Authority

29. Grounds on which supervision decision may or may not be monitored in State

30. Application to court for endorsement of supervision decision

31. Endorsement of supervision decision by court

32. Time limits for decision

33. Notification of endorsement of supervision decision

34. Obligation to provide certain information to issuing State

35. Issuing State to have jurisdiction for subsequent decisions

36. Extension of period of monitoring

37. Breach of supervision decision

38. Supervised person cannot be found in State

SCHEDULE

Council Framework Decision 2009/829/JHA


Acts Referred to

Bail Act 1997 (No. 16)

Criminal Procedure Act 1967 (No. 12)

European Arrest Warrant Act 2003 (No. 45)


Number 21 of 2020


CRIMINAL JUSTICE (MUTUAL RECOGNITION OF DECISIONS ON SUPERVISION MEASURES) ACT 2020

REVISED

Updated to 3 May 2023


An Act to give effect to Council Framework Decision 2009/829/JHA of 23 October 20091 on the application, between Member States of the European Union, of the principle of mutual recognition to decisions on supervision measures as an alternative to provisional detention; and to provide for related matters.

[26th November, 2020]

Be it enacted by the Oireachtas as follows: