The Criminal Justice (European Protection Order) (England and Wales) Regulations 2014

Publication Date:January 01, 2014
 
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2014No. 3300

CRIMINAL LAW, ENGLAND AND WALES

The Criminal Justice (European Protection Order) (England and Wales) Regulations 2014

15thDecember2014

18thDecember2014

11thJanuary2015

The Secretary of State, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972( 1) in relation to criminal justice( 2), makes the following Regulations in exercise of the powers conferred by that section.

PART 1

General

Citation, commencement and extent

1. (1) These Regulations may be cited as the Criminal Justice (European Protection Order) (England and Wales) Regulations 2014 and come into force on 11th January 2015.

(2) These Regulations extend to England and Wales.

Interpretation - general

2. (1) In these Regulations-

"central authority", in relation to a member State other than the United Kingdom, means an authority designated by the State as a central authority for the purposes of the Directive;

"the central authority for England and Wales" means the Lord Chancellor;

"competent authority", in relation to a member State other than the United Kingdom, means an authority designated by the State as a competent authority for the purposes of the Directive;

"the Directive" means Directive 2011/99/EU of the European Parliament and of the Council of 13th December 2011 on the European protection order( 3);

"notify" means notify in writing (and "notification" is to be read accordingly).

(2) References in these Regulations to the Crown Court, the High Court, the Court of Appeal or a magistrates' court include references to a judge of such a court or a justice of the peace and a judge or justice having powers to act in connection with proceedings before such a court.

PART 2

Making a European protection order in England and Wales: requests to other member States to recognise the order

Interpretation - Part 2

3. (1) In this Part-

"European protection order" has the meaning given by regulation 4(9);

"protected person" means the individual who is the object of the protection given by a protection measure;

"protection measure" means a decision or order of a court in England and Wales when dealing with a criminal cause or matter, in which one or more of the following prohibitions or restrictions are placed on an individual-

(a) a prohibition from entering certain localities, places or defined areas where the protected person resides or visits;

(b) a prohibition or restriction of contact with the protected person by any means (including by telephone, post, facsimile transmission or electronic mail);

(c) a prohibition or restriction preventing the individual from approaching the protected person whether at all or to within a particular distance;

"relevant court", in relation to a protection measure, means-

(a) if the protection measure was made in the Crown Court and the request for the making of a European protection order is made at the same hearing at which the protection measure is made, the Crown Court; or

(b) in any other case, a magistrates' court;

"specified information" means the information required by Article 7 of the Directive to be included on the form set out in Annex I to the Directive, except for any information relating to Framework Decision 2008/947/JHA of 27th November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions( 4).

(2) References in this Part to "the executing State" are to be construed in accordance with regulation 4(5).

Power of a court to make a European protection order

4. (1) This regulation applies where a magistrates' court, the Crown Court, the High Court or the Court of Appeal has made a protection measure.

(2) A relevant court may make an order under this regulation where the following conditions are met.

(3) The first condition is that the protected person requests the making of an order under this regulation in accordance with regulation 5.

(4) The second condition is that the protection measure has not expired.

(5) The third condition is that the court is satisfied that the protected person has decided to reside or stay or is already residing or staying in a member State other than the United Kingdom ("the executing State").

(6) When deciding whether to make an order under this regulation, the relevant court must take into account-

(a) the length of the period or periods that the protected person intends to reside or stay in the executing State;

(b) the seriousness of the need for protection of the protected person while residing or staying in the executing State;

(c) such other matters as it considers appropriate.

(7) An order under this regulation may not have effect for a period longer than the period for which the protection measure has effect.

(8) An order under this regulation may not contain a prohibition or restriction of a kind not mentioned in the definition of "protection measure" in regulation 3(1).

(9) An order under this regulation is referred to in the rest of this Part as a "European protection order".

Applications for a European protection order

5. (1) A request for a European protection order may be made to-

(a) a relevant court; or

(b) the competent authority of the executing State.

(2) Where a request for a European protection order is made to the competent authority of the executing State and transferred by that State to the central authority for England and Wales, it must be treated for the purposes of this regulation as if it were a request made to a magistrates' court under paragraph (1)(a).

(3) A request under paragraph (1) may be made by the protected person or by a guardian or other representative on the protected person's behalf.

Form and content of the European protection order

6. A European protection order must be in the form set out in Annex 1 to the Directive and contain the specified information.

Duty to inform a protected person of the possibility of a European protection order

7. Where a magistrates' court, the Crown Court, the High Court or the Court of Appeal has made a protection measure, it must ensure that the protected person (or, where appropriate, the guardian or representative of the protected person) is-

(a) informed in an appropriate way of the possibility to request a European protection order if the person decides to reside or stay in another member State and of the basic conditions for making such a request; and

(b) advised to submit a request for a European protection order before leaving the United Kingdom.

Duty to inform a protected person about remedies if a request is refused

8. If the relevant court refuses to make a European protection order it must inform the protected person (or, where appropriate, the guardian or representative of the protected person) of any applicable legal remedy that may be available against the decision.

Notifying the executing State of the European protection order

9. (1) The court which makes a European protection order must notify the competent authority of the executing State of the European protection order by giving the documents specified in paragraph (2) to that authority.

(2) The documents are-

(a) a copy of the form containing the European protection order; and

(b) a copy of the form translated into-

(i) the official language, or one of the official languages, of the executing State; or

(ii) an official language of the European Union if the executing State has declared under Article 17 of the Directive that it will accept a translation in that language.

Renewing, modifying or revoking a protection measure and related European protection order

10. (1) This regulation applies where a magistrates' court, the Crown Court, the High Court or the Court of Appeal makes a decision renewing, modifying or revoking a protection measure in relation to which a European protection order was made.

(2) The revocation of the protection measure has the effect of revoking the European protection order.

(3) Subject to paragraph (4), if the court modifies one or more of the prohibitions or restrictions placed on an individual under a protection measure, the court must-

(a) amend the European protection order to the like extent; and

(b) complete the form set out in Annex I to the Directive with the specified information.

(4) The modified European protection order may not contain a prohibition or restriction of a kind not mentioned within the definition of "protection measure" in regulation 3(1).

(5) If the court renews a protection measure it-

(a) may amend the European protection order; and

(b) where it does so, must complete the form set out in Annex I to the Directive with the specified information.

(6) The court must, without delay, inform the competent authority of the executing State-

(a) if paragraph (2) applies, that the European protection order is revoked;

(b) if paragraph (3) or (5) applies, of the decision modifying or renewing the protection measure.

(7) Where the court modifies or renews the European protection order, it must send to the competent authority of the executing State-

(a) the modified or renewed order; and

(b) where necessary, a copy of the form translated in accordance with regulation 9(2)(b).

PART 3

Recognition in England and Wales of a European protection order made in a member State other than the United Kingdom

Interpretation - Part 3 and the Schedule

11. (1) In this Part and in the Schedule-

"European protection order" has the meaning given by Article 2 of the Directive, where the decision taken was one taken by a competent authority of a member State other than the United Kingdom;

"person causing danger" has the meaning given by Article 2 of the Directive;

"protected person" means the individual who is the object of the protection resulting from a protection measure adopted by a competent authority of a member State other than the United Kingdom;

"protection measure", except as mentioned in...

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