I ASSENT Criminal Procedure and Evidence EUROPEAN PROTECTION ORDER REGULATIONS 2015

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2015/001
Subsidiary Legislation made under s. 697.

EUROPEAN PROTECTION ORDER REGULATIONS
2015

(LN. 2015/001)
Commencement 11.1.2015
Amending
enactments
Relevant current
provisions
Commencement
date


Transposing:
Directive 2011/99/EU

EU Legislation/International Agreements involved:
______________________

Arrangement of Regulations
Regulation
1. Title and commencement.
2. Interpretation.
3. Authorities.
4. Issuing a European Protection order.
5. Form and content of a European protection order.
6. Renewal, review, modification etc. of European protection order.
7. Transmission procedure.
8. Receipt of request by Central Authority.
9. Requests for recognition of European protection order
10. Giving effect to a European protection order.
11. Procedural requirements relating to the making of a restraining
order.
12. Forwarding of request.
13. Further powers on breach of restraining order.
14. Notification of breach.
15. Modified European protection order.
16. Revocation or withdrawal of a European protection order.
17. Discharging a restraining order made under these regulations.
18. Priority.
19. Ireland and Denmark.

Schedule 1

Schedule 2
Criminal Procedure and Evidence EUROPEAN PROTECTION ORDER REGULATIONS 2015

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2015/001


Criminal Procedure and Evidence EUROPEAN PROTECTION ORDER REGULATIONS 2015

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2015/001 In exercise of the powers conferred upon him by section 697 of Criminal
Procedure and Evidence Act 2011 and all other enabling powers, and in
order to transpose Directive 2011/99/EU of the European Parliament and
of the Council of 13 December 2011 on the European protection order, the
Minister has made the following Regulations-

Title and commencement.

1. These Regulations may be cited as the European Protection Order
Regulations 2015 and come into operation on 11 January 2015.

Interpretation.

2. In these Regulations–

“court” means the magistrates’ Court, the Supreme Court, and where
applicable the Court of Appeal;

“Directive” means Directive 2011/99/EU of the European Parliament and
of the Council of 13 December 2011 on the European protection
order, as the same may be amended from time to time;

“European Judicial Network” means the network of judicial contact
points set up by Council Decision 2008/976/JHA of 16 December
2008 on the European Judicial Network;

“European protection order” means a decision, taken by a judicial or
equivalent authority of a Member State in relation to a protection
measure, on the basis of which a judicial or equivalent authority of
another Member State takes any appropriate measure or measures
under its own national law with a view to continuing the protection
of the protected person;

“executing State” means the Member State to which a European
protection order has been forwarded with a view to its recognition,
and where such order has been forwarded to Gibraltar, includes
Gibraltar;

“issuing State” means the Member State in which a protection measure
has been adopted that constitutes the basis for issuing a European
protections order, and where such order has been issued in
Gibraltar, includes Gibraltar;

“person causing danger” means the natural person on whom one or more
of the prohibitions or restrictions referred to in Article 5 of the
Directive have been imposed;

Criminal Procedure and Evidence EUROPEAN PROTECTION ORDER REGULATIONS 2015

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2015/001 “protected person” means a natural person who is the object of the
protection resulting from a protection measure adopted by the
issuing State, and where appropriate, includes that person’s legal
guardian or legal representative;

“protection measure” means a decision in criminal matters adopted in the
issuing State in accordance with its national law and procedures,
which is imposed on a person causing danger in order to protect a
protected person against a criminal act which may endanger his
life, physical or psychological integrity, dignity, personal liberty or
sexual integrity, and consists of one or more of the following
prohibitions or restrictions–

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

(b) a prohibition or regulation of contact, in any form, with the
protected person, including by phone, electronic or ordinary
mail, fax or any other means,

(c) a prohibition or regulation on approaching the protected person
closer than a prescribed distance; and

“State of supervision” means a Member State to which a decision on
supervision measures within the meaning of Article 4 of Council
Framework Decision 2009/829/JHA of 23 October 2009 on the
application, between member States of the European Union, of the
principle of mutual recognition to decisions on supervision
measures as an alternative to provisional detention, has been
transferred.


Authorities.

3.(1) The Chief Secretary is designated as the Central Authority and shall
be responsible for the administrative transmission and reception of a
European protection order, as well as for all other official correspondence
relating thereto.

(2) The magistrates’ court and the Supreme Court are designated as
competent authorities for the issue and recognition of European protection
orders.

Issuing a European Protection order.

4.(1) A protected person may apply to the court for a European protection
order.
Criminal Procedure and Evidence EUROPEAN PROTECTION ORDER REGULATIONS 2015

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(2) The court may issue a European protection order if it–

(a) has made a protection measure in relation to the protected
person, and it is in force;

(b) is satisfied that the protected person–

(i) resides or is staying in the executing State; or

(ii) has decided to reside or stay in the executing State;

(c) it has afforded the person causing danger an opportunity to be
heard

(3) When deciding whether to issue a European protection order, the court
must also take into account–

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

(b) the seriousness of the need for protection of the protected
person.

(4) When a court issues a protection measure it shall inform the protected
person–

(a) of the possibility of the protected person requesting a European
protection order; and

(b) the conditions for such a request; and

(c) advise the protected person to ask for a European protection
order prior to their leaving Gibraltar to go and stay or reside in
a Member State.

(5) Where the court decides not to issue a European protection order it
shall inform the protected person of that decision and of any applicable legal
remedies that are available against such a decision.

(6) Where the courts issues a European protection order it must, as soon as
reasonably practicable, transmit the European protection order to the Central
Authority who must transmit it to the executing State as soon as possible.

(7) If the central authority receives a request for the issuing of a European
protection order from a protected person in relation to whom a protection
measure has been made by the competent authority of a Member State, the
Criminal Procedure and Evidence EUROPEAN PROTECTION ORDER REGULATIONS 2015

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2015/001 Central Authority must transfer the request to the competent authority of
that State as soon as possible.

Form and content of a European protection order.

5. If a court issues a European protection order it shall be issued in
accordance with the form set out in Annex I to the Directive, which is
reproduced in the Schedule for information purposes, and shall contain, in
particular, the following information–

(a) the identity and nationality of the protected person, as well as
the identity and nationality of the legal guardian or legal
representative if the protected person is a minor or is legally
incapacitated;

(b) the date from which the protected person intends to reside or
stay in the executing State, and the period or periods of stay, if
known;

(c) the name, address, telephone and fax numbers and e-mail
address of the court;

(d) identification (for example, through a number and date) of the
legal act containing the protection measure on the basis of
which the European protection order is issued;

(e) a summary of the facts and circumstances which have led to
the adoption of the protection measure in Gibraltar;

(f) the prohibitions or restrictions imposed, in the protection
measure underlying the European protection order, on the
person causing danger, their duration and the indication of the
penalty, if any, in the event of the breach of any of the
prohibitions or restrictions;

(g) the use of a technical device, if any, that has been provided to
the protected person or to the person causing danger as a means
of enforcing the protection measure;

(h) the identity and nationality of the person causing danger, as
well as that person’s contact details;

(i) where such information is known by the court without
requiring further inquiry, whether the protected person or the
person causing danger has been granted free legal aid in
Gibraltar;

Criminal Procedure and Evidence EUROPEAN PROTECTION ORDER REGULATIONS 2015

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2011-24 Subsidiary 2015/001 (j) a description, where appropriate, of other circumstances that
could have an influence on the assessment of the danger that
confronts the protected person;

(k) an express indication, where applicable, that a decision on
supervision measures within the meaning of Article 4 of
Framework Decision 2009/829/JHA, has already been
transferred to the State of supervision, when this different from
the State of execution of the European protection order, and the
identification of the competent authority of that State for the
enforcement of such a decision.

Renewal, review, modification etc. of European protection order.

6.(1) This regulation applies where the magistrates’ court, the Supreme
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 subregulation (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 2.

(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 and through the Central Authority,
inform the competent authority of the executing State–

(a) if subregulation (2) applies, that the European protection order
is revoked;
Criminal Procedure and Evidence EUROPEAN PROTECTION ORDER REGULATIONS 2015

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2015/001
(b) if subregulation (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, through the Central Authority, 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).

(8) Nothing in this regulation shall limit the powers of a court to impose a
custodial measure as a consequence of the revocation of the protection
measure, provided that the protection measure has been applied on the basis
of a decision on supervision measures within the meaning of Article 4 of
Framework Decision 2009/829/JHA;

(9) Where a decision on supervision measures within the meaning of
Article 4 of Framework Decision 2009/829/JHA, has already been
transferred, or is transferred after the issuing of the European protection
order to a Member State, subsequent decisions, as provided for by that
Framework Decision, shall be taken in accordance with the relevant
provisions of that Framework Decision.

Transmission procedure.

7. Where the Central Authority receives a European protection order issued
by a court it shall be transmitted to the competent authority of the executing
State by any means which produces a written record under conditions
allowing the competent authority in the executing State to establish its
authenticity.

Receipt of request by Central Authority.

8.(1) This regulation applies if a competent authority of a member State
(“the issuing State”) has made a European protection order and has
transmitted it to the Central Authority for recognition in Gibraltar.

(2) The Central Authority must give the European protection order to the
magistrates’ court if the European protection order–

(a) is in the form set out in Annex I to the Directive; and

(b) is in English or accompanied by a translation in English.

Criminal Procedure and Evidence EUROPEAN PROTECTION ORDER REGULATIONS 2015

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2015/001 Requests for recognition of European protection order

9.(1) Where the magistrates’ court receives a European protection order
from the Central Authority it must decide, without undue delay, whether
any of the following grounds for refusal to give effect to a European
protection order apply–

(a) the European protection order–

(i) is incomplete, and

(ii) is not completed within the period specified under
regulation 11;

(b) the requirements set out in Article 5 of the Directive have not
been met;

(c) the protection measure on the basis of which the European
protection order was issued was based on conduct that if it had
occurred in Gibraltar would not constitute an offence under the
law of Gibraltar;

(d) the person causing danger benefits from an immunity under the
law of Gibraltar which makes it impossible to give effect to the
European protection order under these regulations;

(e) the protection measure on the basis of which the European
protection order was issued was based on conduct where, under
the law of Gibraltar–

(i) the criminal prosecution of the conduct would be statute-
barred, and

(ii) the conduct falls within the jurisdiction of Gibraltar;

(f) giving effect to the European protection order would
contravene the principle of ne bis in idem;

(g) the protection measure on the basis of which the European
protection order was issued was based on conduct by a person
who was under the age of 10 when the conduct took place;

(h) the protection measure on the basis of which the European
protection order was issued relates to a criminal offence which
under Gibraltar law is regarded as having been committed
wholly or for a major or essential part, within Gibraltar.

Criminal Procedure and Evidence EUROPEAN PROTECTION ORDER REGULATIONS 2015

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2015/001 (2) If the magistrates’ court decides that none of the grounds for refusal
applies, it must give effect to the order under regulation 10.

(3) Subject to regulation 11, if the magistrates’ court decides that one or
more of the grounds for refusal in the Schedule applies, it may refuse to
recognise the European protection order and, where it does so, it must–

(a) without undue delay, ensure that the competent authority of the
issuing State and the protected person are informed that it has
decided not to recognise the European protection order and of
the grounds for doing so;

(b) where appropriate, ensure that the protected person is informed
of the possibility of applying for a protection measure under
the laws of Gibraltar;

(c) ensure that the protected person is informed of any applicable
legal remedy that may be available, under the laws of
Gibraltar, against the decision.

Giving effect to a European protection order.

10.(1) This regulation applies where a magistrates’ court is required under
regulation 9(2) to give effect to a European protection order.

(2) The magistrates’ court must give effect to the order by making a
restraining order under section 95 of the Crimes Act 2011, which has effect
for the purposes of this regulation as if the person causing danger had been
convicted of an offence to which the section applies and–

(a) for subsection (2) there were substituted–

“(2) The order may, for the purpose of protecting a protected
person under the European Protection Order Regulations
2015 (“the 2015 Regulations”), prohibit or restrict a
person causing danger from doing anything described in
the order (subject to subsection (2A)).

(2A) The prohibitions or restrictions imposed on a person
under subsection (2) must correspond as far as possible
to those contained in the European protection order made
by the competent authority of the issuing State.”;

(b) subsections (4), (5) and (7) were omitted; and

(c) after subsection (9) there were inserted–

Criminal Procedure and Evidence EUROPEAN PROTECTION ORDER REGULATIONS 2015

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2015/001 “(10) In this section “European protection order”, “person
causing danger”, “protected person” and issuing State”
have the meanings given to them in the 2015 Regulations
”.

Procedural requirements relating to the making of a restraining order.

11.(1) If the magistrates’ court considers that the ground for refusal
mentioned in regulation 9(1)(a)(i) applies, it must, before taking a decision
refusing to recognise the European protection order under regulation 9(3)–

(a) without delay, notify the competent authority of the issuing
State that the information provided is incomplete; and

(b) request that competent authority to provide the missing
information, specifying a reasonable period for it do so,

via the Central Authority.

(2) Where under subregulation (1)(b) the magistrates’ court has specified a
period within which the missing information must be provided, the decision
whether or not to recognise the European protection order must be taken—

(a) where the missing information is received by the court within
the specified period, without undue delay after its receipt;

(b) in any other case, without undue delay after the specified
period ends.

(3) Where the magistrates’ court has made a restraining order pursuant to
regulation 10, it must ensure that the following are informed of the terms of
the restraining order and the possible legal consequences of a breach of the
restraining order–

(a) the person causing danger;

(b) the competent authority of the issuing State; and

(c) the protected person.

(4) The court must not provide the person causing danger with the address
or contact details of the protected person unless the disclosure of those
details is necessary to enable the person causing danger to comply with the
order.

Forwarding of request.

Criminal Procedure and Evidence EUROPEAN PROTECTION ORDER REGULATIONS 2015

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2015/001 12. Where a person receives a European protection order that person shall
forward it to the Central Authority and shall, without delay, inform the
issuing State accordingly, by any means that produces a written record.

Further powers on breach of restraining order.

13.(1) Where the person causing danger breaches a restraining order the
magistrates’ court, without prejudice to any other powers it may have under
this or any other enactment, may take any urgent and provisional measure in
order to put an end to the breach, pending, where appropriate, a subsequent
decision by the issuing State.

(2) Where there is no available measure in a similar case that can be taken
in Gibraltar, the Central Authority shall, in accordance with regulation 14,
report to the competent authority in the issuing State any breach of the
protection measure described in the European protection order of which it is
aware.

Notification of breach.

14.(1) The Central Authority must notify the competent authority of the
issuing State, using the form set out in Annex II to the Directive, which is
reproduced in Schedule 2 for information purposes, if it becomes aware of a
breach of a restraining order made under pursuant to these Regulations.

(2) When sending a notification under subregulation (1), the Central
Authority must send a copy of the form translated into the official language,
or one of the official languages, of the issuing State, or an official language
of the European Union if the issuing State has declared under Article 17 of
the Directive that it will accept a translation into that language.

Modified European protection order.

15.(1) This regulation applies where–

(a) the competent authority of the issuing State has modified a
European protection order (“the modified EPO”); and

(b) it or the central authority of the issuing State has sent the
following documents to the Central Authority–

(i) the modified EPO or a copy of it, in the form set out in
Annex I to the Directive; and

(ii) if the form is not in English, a copy of the form
translated into English.

Criminal Procedure and Evidence EUROPEAN PROTECTION ORDER REGULATIONS 2015

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2011-24 Subsidiary 2015/001 (2) The Central Authority must give the magistrates’ court a copy of the
modified EPO.

(3) The magistrates’ court must, without undue delay, give effect to the
modified EPO unless–

(a) the modified prohibition or restriction is not of a kind
mentioned in Article 5 of the Directive; or

(b) the information provided in the modified EPO is incomplete.

(4) Where subregulation (3)(b) applies, the magistrates’ court must,
through the Central Authority and without delay–

(a) notify the competent authority of the issuing State that the
information provided is incomplete; and

(b) request the authority to provide the missing information,
specifying a reasonable period for it to do so.

(5) Where, under subregulation (4)(b), the magistrates’ court has specified
a period within which the missing information must be provided and the
missing information is received by the court within the specified period, the
court must (unless subregulation (3)(a) applies), without undue delay, give
effect to the modified European protection order.

(6) Where the magistrates’ court is required by subregulation (3) or (5) to
give effect to the modified EPO, it must vary the restraining order made
under section 95 of the Crimes Act 2011 to which the person causing danger
is subject (by virtue of regulation 10) by making a further order under that
section.

(7) Section 95 of the Crimes Act 2011 has effect for the purposes of the
variation of a restraining order under this regulation as it has effect for the
purposes of regulation 10.

(8) Where a magistrates’ court varies a restraining order under this
regulation, regulation 11(3) and (4) apply to the court as they apply to a
magistrates’ court which has made a restraining order pursuant to regulation
10.

Revocation or withdrawal of a European protection order.

16.(1) This regulation applies where–

(a) the competent authority of the issuing State has revoked or
withdrawn a European protection order; and
Criminal Procedure and Evidence EUROPEAN PROTECTION ORDER REGULATIONS 2015

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2011-24 Subsidiary 2015/001
(b) the competent authority of the issuing State has notified the
Central Authority of the revocation or withdrawal.

(2) The Central Authority must, as soon as possible, notify the
magistrates’ court of the revocation or withdrawal of the European
protection order.

(3) When notified under subregulation (2), the magistrates’ court must, as
soon as possible, discharge the restraining order which was made for the
purpose of giving effect to the European protection order.

Discharging a restraining order made under these regulations.

17.(1) A magistrates’ court may, in any of the cases mentioned in
subregulation (2), discharge a restraining order made under these
regulations–

(a) on an application made by the protected person;

(b) on an application by the person causing danger; or

(c) of the court’s own motion.

(2) The cases referred to in paragraph (1) are where–

(a) the court is satisfied that the protected person is not residing or
staying in Gibraltar;

(b) the competent authority of the issuing State has modified a
European protection order and none of the prohibitions or
restrictions contained in the modified order is of a kind
mentioned in Article 5 of the Directive;

(c) the competent authority of the issuing State has modified a
European protection order and the information provided in the
modified order–

(i) is incomplete; and

(ii) is not completed within the period specified by the
magistrates’ court under regulation 15(4)(b);

(d) a decision on supervision measures within the meaning of
Article 4 of Framework Decision 2009/829/JHA is transferred
to Gibraltar after recognition of the European protection order.

Criminal Procedure and Evidence EUROPEAN PROTECTION ORDER REGULATIONS 2015

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2015/001 (3) Subject to subregulation (4), where, in the exercise of this regulation,
the magistrates’ court discharges a restraining order, it must immediately
ensure that the competent authority of the issuing State and, where possible,
the protected person are informed of the decision.

(4) Where the magistrates’ court proposes to discharge a restraint order on
the basis of subregulation (2)(b) it may incite the competent authority of the
issuing State to provide information as to whether the protection provided
for by the European protection order is still needed in the circumstances of
the case in question.

Priority.

18. A court in dealing with any matter concerning a European protection
order shall afford it the same priority as it would for a similar matter
occurring domestically and in that regard it shall take into consideration any
specific circumstances of the case, including the urgency of the matter, the
date foreseen for the arrival of the protected person on the territory of the
executing State and, where possible the degree of risk for the protected
person.


Ireland and Denmark.

19. These Regulations do not apply to Ireland or to Denmark.


Criminal Procedure and Evidence EUROPEAN PROTECTION ORDER REGULATIONS 2015

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2015/001
SCHEDULE 1

Regulations 6, 8, 15

This Schedule reproduces Annex I to the Directive

EUROPEAN PROTECTION ORDER
referred to in Article 7 of
DIRECTIVE 2011/99/EU OF THE EUROPEAN PARLIAMENT AND
OF THE COUNCIL OF THE 13DECEMBER 2011 ON THE
EUROPEAN PROTECTION ORDER

The information contained in this form is to be treated with
appropriate confidentiality


Issuing State:

Executing State:


(a) Information regarding the protected person:
Surname:
Forename(s):
Maiden or previous name, where applicable:
Sex:
Nationality:
Identity number or social security number (if any):
Date of birth:
Place of birth:
Address/residences:
- in the issuing State:
- in the executing State:
- elsewhere:
Languages(s) understood (if known):

Has the protected person been granted free legal aid in the
issuing State (if information is available without further
enquiry)?
□ Yes.
□ No.
□ Unknown.

Criminal Procedure and Evidence EUROPEAN PROTECTION ORDER REGULATIONS 2015

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2015/001 Where the protected person is a minor is legally incapacitated,
information regarding the person’s guardian or representative:
Surname:
Forename(s):
Maiden name or previous name, where applicable:
Sex:
Nationality:
Office/Address:

(b) The protected person has decided to reside or already resides
in the executing State, or has decided to stay or already
stays in the executing State.

Date from which the protected person intends to reside or
stay in the executing State (if known):
Period(s) of stay (if known):


(c) Have any technical devices been provided to the protected
person or to the person causing danger to enforce the
protection measure:

□ Yes; please give a short summary of the devices used:

□ No.


(d) Competent authority which issued the European protection
order:

Official name:
Full address:
Tel. No. (country code) (area/city code) (number):
Fax No. (country code) (area/city code) (number):
Details of the person(s) to be contacted
Surname:
Forename(s):
Position (title/grade):
Tel. No. (country code) (area/city code) (number):
Fax No. (country code) (area/city code) (number):
E-mail (if any):
Languages that may be used for communication:


Criminal Procedure and Evidence EUROPEAN PROTECTION ORDER REGULATIONS 2015

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2015/001 (e) Identification of the protection measure on the basis of
which the European protection order has been issued:
The protection measure was adopted on (date: DD-MM-
YYYY):

The protection measure became enforceable on (date: DD-MM-
YYYY):

File reference of the protection measure (if available):

Authority that adopted the protection measure:



(f) Summary of the facts and description of the circumstances -
including, where applicable, the classification of the offence -
which have led to the imposition of the protection measure
mentioned under (e) above:











.

(g) Indications regarding the prohibition(s) or restriction(s) that
have been imposed by the protection measure on the person
causing danger:
- Nature of the prohibition(s) or restriction(s): (more than one
box may be ticked):

□ a prohibition from entering certain localities, places or defined areas where the protected person resides or visits;
- if you ticked this box, please indicate precisely which
localities, places or defined areas the person causing danger
is prohibited from entering:



Criminal Procedure and Evidence EUROPEAN PROTECTION ORDER REGULATIONS 2015

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2011-24 Subsidiary 2015/001 □ a prohibition or regulation of contact, in any form, with the
protected person, including by phone, electronic or ordinary
mail, fax or any other means:
- if you ticked this box, please provide any relevant details:



□ a prohibition or regulation on approaching the protected person closer than a prescribed distance
- if you ticked this box, please indicate precisely the
distance which the person causing danger has to observe in
respect of the protected person:


- Please indicate the length of time during which the
abovementioned prohibition(s) or restriction(s) are imposed on
the person causing danger:


- Indication of the penalty (if any) in the event of the breach of
the prohibition or restriction:



(h) Information regarding the person causing danger on whom
the prohibition(s) or restriction(s) mentioned under (g) have
been imposed:
Surname:
Forename(s):
Maiden or previous name, where applicable:
Aliases, where applicable:
Sex:
Nationality:
Identity number or social security number (if any):
Date of birth:
Place of birth:
Address/residences:
- in the issuing State:
- in the executing State:
- elsewhere:
Languages(s) understood (if known):

If available please provide the following information:
- Type and number of the identity document(s) of the person
(ID card, passport):
Criminal Procedure and Evidence EUROPEAN PROTECTION ORDER REGULATIONS 2015

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2015/001

Has the person causing danger been granted free legal aid in
the issuing State (if information is available without further
enquiry)?
□ Yes.
□ No.
□ Unknown.


(i) Other circumstances that could have an influence on the
assessment of the danger that could affect the protected person
(optional information):






(j) Other useful information (such as, where available and
necessary, information on other States where protection
measures have been previously adopted with respect to the
same protected person):





(k) Please complete:
□ a judgment within the meaning of Article 2 of Framework
Decision 2008/947/JHA, has already been transmitted to
another Member State
- if you ticked this box, please provide the contact details
of the competent authority to whom the judgment has
been forwarded:


□ a decision on supervision measures within the meaning of
Article 4 of Framework Decision 2009/829/JHA has already
been transmitted to another Member State.
- if you ticked this box, please provide the contact details
of the competent authority to whom the decision on
supervision measures has been forwarded:



Signature of the authority issuing the European protection
Criminal Procedure and Evidence EUROPEAN PROTECTION ORDER REGULATIONS 2015

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2015/001 order and/or of its representative to confirm the accuracy of
the content of the order:

Name:
Position (title/grade):
Date:
File reference (if any):
(Where appropriate) Official stamp:









Criminal Procedure and Evidence EUROPEAN PROTECTION ORDER REGULATIONS 2015

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2015/001
SCHEDULE 2

Regulation 14(1)

This Schedule reproduces Annex II to the Directive

FORM
referred to in Article 12 of
DIRECTIVE 2011/99/EU OF THE EUROPEAN PARLIAMENT AND
OF THE COUNCIL OF 13 DECEMBER 2011 ON THE EUROPEAN
PROTECTION ORDER

NOTIFICATION OF A BREACH OF THE MEASURE TAKEN ON
THE BASIS OF THE EUROPEAN PROTECTION ORDER

The information contained in this form is to be treated with
appropriate confidentiality

(a) Details of the identity of the person causing danger:
Surname:
Forename(s):
Maiden or previous name, where applicable:
Aliases, where applicable:
Sex:
Nationality:
Identity number or social security number (if any):
Date of birth:
Place of birth:
Address:
Languages(s) understood (if known):


(b) Details of the identity of the protected person:
Surname:
Forename(s):
Maiden or previous name, where applicable:
Sex:
Nationality:
Date of birth:
Place of birth:
Address:
Languages(s) understood (if known):

Criminal Procedure and Evidence EUROPEAN PROTECTION ORDER REGULATIONS 2015

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2015/001
(c) Details of the European protection order:

Order issued on:
File reference (if any):
Authority which issued the order:
Official name:
Address:



(d) Details of the authority responsible for the execution of the
protection measure, if any, which was taken in the executing
State in line with the European protection order:

Official name of the authority:
Name of the person to be contacted:
Position (title/grade):
Address:
Tel. No. (country code) (area/city code) (number):
Fax No. (country code) (area/city code) (number):
E-mail (if any):
Languages that may be used for communication:


(e) Breach of the prohibition(s) or restriction(s) imposed by the
competent authorities of the executing State following
recognition of the European protection order and/or other
findings which could result in taking any subsequent decision:
The breach concerns the following prohibition(s) or
restriction(s) (more than one box may be ticked):

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

□ a prohibition or regulation of contact, in any form, with the
protected person, including by phone, electronic or ordinary
mail, fax or any other means;

□ a prohibition or regulation on approaching the protected
person closer than a prescribed distance;

□ any other measure, corresponding to the protection measure at
the basis of the European protection order, taken by the
competent authorities of the executing State following
Criminal Procedure and Evidence EUROPEAN PROTECTION ORDER REGULATIONS 2015

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2015/001 recognition of the European protection order.

Description of the breach(es) (place, date and specific
circumstances):
In accordance with Article 11(2):
- measures taken in the executing State as a consequence of the
breach:


- possible legal consequence of the breach in the executing
State:


Other findings which could result in taking any subsequent
decision
Description of the findings:





(f) Details of the person to be contacted if additional
information is to be obtained concerning the breach:
Surname:
Forename(s):
Address:
Tel. No. (country code) (area/city code) (number):
Fax No. (country code) (area/city code) (number):
E-mail (if any):
Languages that may be used for communication:

Signature of the authority issuing the form and/or its
representative, to confirm that the contents of the form are
correct:

Name:
Position (title/grade):
Date:
Official Stamp (where applicable):