Search Legislation

The Mutual Recognition of Supervision Measures in the European Union (Scotland) Regulations 2014

Status:

This is the original version (as it was originally made).

Request to executing State for recognition of a bail order

This section has no associated Policy Notes

2.—(1) When—

(a)a court—

(i)admits an accused person to bail; or

(ii)continues a grant of bail to an accused person; and

(b)the accused person has indicated an intention to reside while on bail in a member State other than the United Kingdom (“the executing State”),

the court may request of the competent authority in the executing State that it recognise some or all of the bail conditions.

(2) But no request may be made under sub-paragraph (1) if—

(a)in summary proceedings, the first witness has been sworn;

(b)in solemn proceedings, the jury has been sworn.

(3) In order to make a request under sub-paragraph (1), the court must forward to the central authority or competent authority in the executing State—

(a)the order granting bail (or a copy of it); and

(b)a certificate in the form set out in Annex I to the Framework Decision—

(i)the contents of which have been certified as accurate; and

(ii)which has been signed by someone who holds judicial office in the court making the request.

(4) If—

(a)English is not an official language of the executing State; and

(b)the executing State has not deposited with the General Secretariat of the European Council a declaration stating that it will accept a certificate in English,

the court must forward along with the certificate required by sub-paragraph (3)(b) a copy of it translated into an official language of the executing State.

(5) If the court wishes to request under sub-paragraph (1) that the competent authority in the executing State recognise only some of the bail conditions—

(a)the order granting bail must be framed so as to make clear which conditions the court wants the competent authority in the executing State to recognise; and

(b)the certificate required by sub-paragraph (3)(b) is to refer to those conditions only.

(6) Before making a request under sub-paragraph (1), unless it is impracticable to do so, the court must attempt to consult the competent authority in the executing State.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Policy Note

Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources