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
Introduction
This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.
Related legislation
This Act is not collectively cited with any other Act.
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations.
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Criminal Justice (Mutual Recognition of Custodial Sentences) Act 2023 (3/2023)
• Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022)
All Acts up to and including Patient Safety (Notifiable Incidents and Open Disclosure) Act 2023 (10/2023), enacted 2 May 2023, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Act 2020 (Commencement) Order 2021 (S.I. No. 15 of 2021)
All statutory instruments up to and including 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 revision.
Number 21 of 2020
CRIMINAL JUSTICE (MUTUAL RECOGNITION OF DECISIONS ON SUPERVISION MEASURES) ACT 2020
REVISED
Updated to 3 May 2023
CONTENTS
Preliminary and General
Section
1. Short title and commencement
3. Means of transmission of document or information by Central Authority
Issuing State is Ireland
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
22. Certain hearings may be conducted through live television link
Executing State is Ireland
25. Obligation to consult with competent authority in issuing State
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
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
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: