Commission Decision of 4 March 2008 adopting the SIRENE Manual and other implementing measures for the second generation Schengen Information System (SIS II) (2008/334/JHA)

6. ALERTS FOR PERSONS SOUGHT FOR A JUDCIAL PROCEDURE (ARTICLE 34 OF THE SIS II DECISION) U.K.

The following steps shall be considered: U.K.

• entering an alert,

• check for multiple alerts,

• misused identity,

• entering an alias,

• the exchange of information after a hit.

6.1. Entering an alert U.K.

At the request of the competent authority, data of the following categories of persons shall be entered into the SIS II for the purpose of communicating their place of residence or domicile:

• witnesses,

• persons summoned or persons sought to be summoned to appear before the judicial authorities in connection with criminal proceedings in order to account for acts for which they are being prosecuted,

• persons who are to be served with a criminal judgement or other documents in connection with criminal proceedings in order to account for acts for which they are being prosecuted,

• persons who are to be served with a summons to report in order to serve a penalty involving deprivation of liberty.

In accordance with Article 23(2) of the SIS II Decision, photographs and fingerprints of the person shall be added to the alert when available.

6.2. Multiple alerts U.K.

See general procedure in Section 2.2. U.K.

Compatibility of alerts for a judicial procedure U.K.

Alerts for a judicial procedure are compatible with alerts for arrest and alerts for missing persons. They are not compatible with alerts for checks or alerts for refusal of entry.

6.3. Misused identity U.K.

See general procedure in Section 2.11.1.

6.4. Entering an alias U.K.

See general procedure in Section 2.11.2.

6.5. The exchange of information after a hit U.K.

See general procedure in Section 2.3.

In addition, the following rules shall apply:

(a)

the real place of residence or domicile shall be obtained using all measures allowed by the national legislation of the Member State where the person was located;

(b)

as opposed to alerts on missing persons, no consent is required for communication of the place of residence or domicile to the competent authorities.

(1)

This text is identical to the text in the Annex to Commission Decision 2008/333/EC (see page 4 of this Official Journal).