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

Notification to executing State where bail modified or withdrawn or trial date changes

3.—(1) This paragraph applies where—

(a) an order granting an accused person bail (or a copy of such an order) has been forwarded to a member State (“the executing State”) in accordance with paragraph 2(3)(a);

(b) the court which forwarded the order (“the responsible court”) has been informed, in accordance with Article 20(2)(e) of the Framework Decision, that the executing State has recognised the order; and

(c) competence for monitoring the bail conditions has not reverted in terms of Article 11(2) of the Framework Decision.

(2) If the order granting the accused person bail is modified, the responsible court must send the modified order (or a copy of it) to the central authority or competent authority in the executing State.

(3) If the grant of bail to the accused person is withdrawn, the responsible court must inform the central authority or competent authority in the executing State.

(4) If—

(a) a diet for the trial of the accused person is postponed; and

(b) the postponed trial diet is to begin after the day specified by sub-paragraph (5),

the responsible court must inform the central authority or competent authority in the executing State that monitoring of the bail conditions is likely to continue to be needed until the day falling 7 working days after the day fixed for the postponed trial diet.

(5) The day, for the purpose of sub-paragraph (4)(b), is—

(a) the final day of the period which is specified in the certificate mentioned in paragraph 2(3)(b) as being the period for which monitoring of the bail conditions is likely to be needed; or

(b) if, under sub-paragraph (4), the responsible court has previously informed the central authority or competent authority in the executing State that monitoring of the bail conditions is likely to be needed until a later day than that specified by head (a), that later day.