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

Procedural requirements relating to decision under regulation 85(4)

86.—(1) A magistrates’ court must take a decision under regulation 85(4) as soon as possible and, in any event—

(a) within 20 working days of the day on which the central authority for England and Wales receives the documents mentioned in regulation 85(2), or

(b) if legal proceedings in relation to the decision on supervision measures are brought before the end of that period, within 40 working days of that day.

(2) If, in exceptional circumstances, it is not possible to comply with that time limit, the magistrates’ court must immediately inform the competent authority of the issuing state of—

(a) that fact,

(b) the reasons for the delay, and

(c) the time by which it expects the decision to be taken.

(3) If the magistrates’ court is of the view that one or more of the grounds for refusal mentioned in paragraphs 1 to 4 of Schedule 6 may apply, it must, before taking a decision under regulation 85(4)—

(a) inform the competent authority,

(b) request the competent authority to supply without delay any further information required, and

(c) in the case of the ground for refusal mentioned in paragraph 1 of Schedule 6, specify a reasonable period within which the certificate must be completed or corrected.

(4) Where the magistrates’ court specifies under paragraph (3)(c) a period within which the certificate must be completed or corrected, the decision must be taken—

(a) if a completed or corrected certificate is received by the magistrates’ court within the specified period, as soon as reasonably practicable after its receipt;

(b) otherwise, as soon as reasonably practicable after the specified period ends.

(5) In this regulation “working day” means a day other than—

(a) a Saturday or Sunday,

(b) Christmas Day or Good Friday, or

(c) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.