The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014

Court becoming responsible again for monitoring measures

102.—(1) A court which—

(a) has made a decision on supervision measures, and

(b) has ceased under regulation 98 to be responsible for monitoring the supervision measures,

becomes responsible for monitoring them again in any of the following cases.

(2) The first case is where the person subject to the decision on supervision measures becomes lawfully and ordinarily resident in a State other than the executing State.

(3) The second case is where the competent authority of the executing State notifies the court, in accordance with Article 20(2)(c) of the Framework Decision (information from the executing State), that it is not possible, in practice, to monitor the supervision measures.

(4) The third case is where the competent authority of the executing State informs the court that it has decided, in accordance with Article 23 of the Framework Decision (unanswered notices), to stop monitoring the supervision measures.

(5) The fourth case is where—

(a) the court takes a decision modifying the supervision measures, and

(b) the competent authority of the executing State informs the court that it has decided, in accordance with Article 18(4)(b) of the Framework Decision (competence to take all subsequent decisions and governing law), to refuse to monitor the modified supervision measures.

(6) The fifth case is where the court—

(a) withdraws the certificate requesting monitoring under the Framework Decision (whether in accordance with regulation 99 or otherwise), and

(b) informs the competent authority of the executing State of its withdrawal.

(7) The sixth case is where the court—

(a) has withdrawn the decision on supervision measures, and

(b) informs the competent authority of the executing State of its withdrawal.

(8) The seventh case is where—

(a) under the law of the executing State, there is a maximum period during which the supervision measures may be monitored, and

(b) that period expires.

(9) The court must consult the competent authority of the executing State with a view to avoiding as far as possible any interruption in the monitoring of the supervision measures as a result of this regulation.