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

(a) is before a court charged with an offence for which the person would, if convicted of the offence, be liable to a term of imprisonment of 12 months or more than 12 months,

F1[(b) establishes that he or she—

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

(ii) intends to reside in a Member State, other than that referred to in subparagraph (i), and the competent authority of the other Member State has consented to the forwarding of the proposed supervision decision,

and]

(c) makes an application, on notice to the Central Authority and the prosecutor, for a supervision decision.

(2) Subject to subsections (3) to (7), the court may make a supervision decision and grant bail conditional on the competent authority in the other Member State agreeing to recognise the supervision decision and to take the necessary measures to monitor compliance with the supervision decision.

(3) (a) Subject to section 15(3), a supervision decision shall be conditional on the supervised person entering into a recognisance—

(i) subject to one or more supervision measures as specified by the court, and

(ii) that, if the executing State agrees to monitor the supervision decision, requires the supervised person to report to the competent authority in the executing State as soon as is practicable after the supervision decision comes into effect pursuant to subsection (7).

(b) A supervision decision shall not specify a supervision measure referred to in Article 8(2) of the Framework Decision unless the other Member State has notified the General Secretariat that it is prepared to monitor such measure.

(4) A supervision decision shall specify—

(a) the intended duration of the decision,

(b) whether the decision can be renewed, and

(c) the provisional length of time for which monitoring of the decision may be required in so far as it is practicable to indicate that having regard to all the circumstances of the case and of the supervised person.

(5) Subsection (2) shall not be construed to prejudice the generality of the court’s power, under section 2 of the Act of 1997 or under any other enactment or rule of law, to refuse bail in respect of the accused person.

(6) (a) Subject to subsection (3), where bail is granted under subsection (2) by the District Court, Part III of the Act of 1967 shall, with all necessary modifications, apply to such bail as that Part applies to bail granted under section 22 of that Act.

(b) An appeal may be made under section 28(3)(a) of the Act of 1967 against—

(i) a refusal by the District Court to make a supervision decision under subsection (2), or

(ii) the supervision measures specified in a supervision decision made under subsection (2).

(7) A supervision decision shall come into effect when—

(a) in a case in which the supervised person has been remanded in custody—

(i) the Central Authority informs, in writing, the governor of the prison to which the person is remanded that the executing State has agreed to recognise the supervision decision, and

(ii) the person has entered into a recognisance in accordance with subsection (3) taken by the governor of a prison or a prison officer designated by such governor for that purpose, or

(b) in a case in which the supervised person has been remanded on bail—

(i) the Central Authority informs, in writing, the person that the executing State has agreed to recognise the supervision decision, and

(ii) the person has entered into a recognisance in accordance with subsection (3).

(8) The court or the governor of the prison (if any) to which the supervised person is remanded, as appropriate, shall, as soon as is practicable after the supervised person has entered into a recognisance in accordance with subsection (3), inform, in writing, the Central Authority of that matter.

(9) The court shall, as soon as is practicable after making the supervision decision, cause the decision, or a certified copy thereof, to be sent to—

(a) the Central Authority,

(b) the prosecutor,

(c) the governor of the prison (if any) to which the accused person is remanded, and

(d) the supervised person.

(10) Pending the coming into effect, pursuant to subsection (7), of a supervision decision in the executing State, the court shall treat the supervised person in the same manner as it treats a person who is not a supervised person.

(11) The court shall cause the information required to be included in an Article 10 certificate in respect of the supervision decision, in so far as such information is known to the court, to be forwarded to the Central Authority as soon as is practicable after making the decision.

F2[(12) In this section, "other Member State", in relation to a person, means—

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

(b) where subsection (1)(b)(ii) applies, the Member State in which the person intends to reside.]