Criminal justice (mutual recognition of decisions on supervision measures) act 2020

• Statutory Instrument No.: 21/2020
• Enactment Date: 26 November 2020
• Act Number: 21

Number 21 of 2020
CRIMINAL JUSTICE (MUTUAL RECOGNITION OF DECISIONS ON SUPERVISION MEASURES) ACT 2020
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
An Act to give effect to Council Framework Decision 2009/829/JHA of 23 October 2009 1 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:
PART 1 Preliminary and General
		Short title and commencement
1. (1) This Act may be cited as the Criminal Justice (Mutual Recognition of Decisions on Supervision Measures) Act 2020.
	(2) This Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.
		Interpretation
2. (1) In this Act—
	“Act of 1967” means the Criminal Procedure Act 1967 ;
	“Article 10 certificate”, in relation to a decision on supervision measures, means the certificate—
	(a) provided for in Article 10 of the Framework Decision, and
	(b) the standard form of which is set out in Annex I to the Framework Decision,
	that is required to accompany the decision;
	“Central Authority” shall be read in accordance with section 5 ;
	“enactment” means—
	(a) an Act of the Oireachtas,
	(b) a statute that was in force in Saorstát Éireann immediately before the date of coming into operation of the Constitution and that continued in force by virtue of Article 50 of the Constitution, or
	(c) an instrument made under an Act of the Oireachtas or a statute referred to in paragraph (b);
	“executing State” means a Member State—
	(a) in which a decision on supervision measures is monitored, or
	(b) to which a request to monitor a decision on supervision measures has been sent in accordance with the provisions of this Act;
	“Framework Decision” means Council Framework Decision 2009/829/JHA of 23 October 2009 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 (the text of which is set out for ease of reference in the Schedule);
	“General Secretariat” means the General Secretariat of the Council of the European Union;
	“Minister” means the Minister for Justice and Equality.
	(2) A word or expression that is used in this Act and is also used in the Framework Decision has, unless the context otherwise requires, the same meaning in this Act as it has in the Framework Decision.
		Means of transmission of document or information by Central Authority
3. Where the Central Authority is required by a provision of this Act to forward a document or information to the competent authority of a Member State, executing State or issuing State, he or she shall forward the document or information directly to the competent authority by any means capable of producing a record in writing of the document or information under conditions allowing such competent authority to establish the authenticity of that document or information.
		Application of Act
4. The provisions of this Act shall apply in relation to an offence, whether committed or alleged to have been committed, before, on or after the commencement of those provisions.
		Central Authority in State
5. (1) The Minister shall be the Central Authority in the State for the purposes of this Act.
	(2) The Minister may, by order, designate such persons as he or she considers appropriate to perform such functions of the Central Authority in the State as are specified in the order and different persons may be so designated to perform different functions of the Central Authority in the State.
	(3) For so long as an order under subsection (2) remains in force, a reference in this Act to the Central Authority in the State shall, in so far as it relates to the performance of a function specified in the order, be construed as a reference to the person designated by the order to perform the function concerned.
	(4) The Minister shall, as soon as is practicable after the making of an order under this section, by notice in writing, inform the General Secretariat of the making of an order and of the names of the persons designated under the order.
		Orders and regulations
6. (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed or to be prescribed.
	(2) Without prejudice to any provision of this Act, regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.
	(3) Every order (other than an order under section 1 (2)) and regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House sits after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.
		Expenses
7. Any expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.
PART 2 Issuing State is Ireland
		Application of Part 2
8. This Part applies where the State is the issuing State.
		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...