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

Reporting breach to issuing State

19.—(1) On receiving notice from the Police Service of Scotland under paragraph 12, the Scottish central authority must notify the competent authority or central authority in the issuing State.

(2) Where the notice received by the Scottish central authority in accordance with sub-paragraph (1) relates to a breach of a supervision measure, the notice to be given by the Scottish central authority in accordance with that sub-paragraph is to be given using the form set out in Annex II to the Framework Decision.

(3) If the Scottish central authority—

(a) has sent to the central authority or competent authority in the issuing State 6 or more notices relating to a person’s breach of a supervision measure (whether or not the notices relate to the same measure); and

(b) has not received in response to any of the 6 notices most recently sent confirmation that the competent authority in the issuing State has taken in relation to the person a decision of a type mentioned in Article 18(1) of the Framework Decision,

the Scottish central authority must send to the central authority or competent authority in the issuing State a request that the competent authority in that State take a decision of a type mentioned in Article 18(1) in relation to the person within 28 days of the request being sent.

(4) If, 29 days after sending the request mentioned in sub-paragraph (3), the Scottish central authority has not received confirmation that the competent authority in the issuing State has complied with the request, the Scottish central authority must—

(a) tell the Police Service of Scotland that monitoring of the supervision measures is no longer required; and

(b) inform the central authority or competent authority in the issuing State that monitoring of the supervision measures has stopped.