I ASSENT Criminal Procedure and Evidence EUROPEAN SUPERVISION ORDER REGULATIONS 2014

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2014/228
Subsidiary Legislation made under s. 697.


EUROPEAN SUPERVISION ORDER REGULATIONS
2014

(LN. 2014/228)
Commencement 1.12.2014
Amending
enactments
Relevant current
provisions
Commencement
date



Transposing:
Council Framework Decision 2009/829/JHA

EU Legislation/International Agreements involved:
_______________________

ARRANGEMENT OF REGULATIONS.

Regulation
1. Title and Commencement.
2. Interpretation.

Recognition of supervision measures: requests to Member States

3. Requests to Member States for monitoring supervision measures.
4. Recognition of request.
5. Power to withdraw certificate.
6. Duties where measures being monitored by executing State.
7. Request to extend maximum period for which measures may be
monitored.
8. Court becoming responsible again for monitoring measures.
9. Withdrawal of decision on supervision measures.
10. Consultation and exchange of information.

Recognition of supervision measures: requests from other Member
States

11. Requests from other Member States for monitoring supervision
measures.
Criminal Procedure and Evidence EUROPEAN SUPERVISION ORDER REGULATIONS 2014

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2014/228 12. Procedural requirements relating to decision under regulation 11(4)
13. Adaptation of supervision measures.
14. Effect of recognition of decision on supervision measures.
15. Duties of court responsible for monitoring supervision measures.
16. Power to stop monitoring where no response to notification of
breach.
17. Power of arrest where magistrates’ court responsible for monitoring
supervision measures.
18. Renewal or modification of supervision measures which are being
monitored.
19. Court ceasing to be responsible for monitoring measures
20. Consultation and exchange of information.

SCHEDULE
Grounds for refusal to monitor supervision measures

Criminal Procedure and Evidence EUROPEAN SUPERVISION ORDER REGULATIONS 2014

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2014/228

In exercise of the powers conferred upon him by section 697 of the Criminal
Procedure and Evidence Act 2011 and all other enabling powers, and in
order to transpose Council Framework Decision 2009/829/JHA of 23rd
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, the Minister has made
the following Regulations–

Title and Commencement.

1. These Regulations may be cited as the European Supervision Order
Regulations 2014 and shall come into force on 1 st December 2014.

Interpretation.

2. In these Regulations–

“central authority”, in relation to a Member State, means an authority
designated by the State as a central authority for the purposes of the
Framework Decision;

“the central authority for Gibraltar” means the Minister with
responsibility for Justice;

“certificate requesting monitoring under the Framework Decision” means
the certificate required by article 10 of the Framework Decision;

“competent authority”, in relation to a Member State, means an authority
designated by the State as a competent authority for the purposes of
the Framework Decision;

“court” means the magistrates’ court or the Supreme Court; and
references to a court include a judge of the Supreme Court, a
stipendiary magistrate, or a justice of the peace;

“the Framework Decision” means Council Framework Decision
2009/829/JHA of 23rd 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;

“Member State” means a Member State of the European Union to which
the Framework Decision applies;

Criminal Procedure and Evidence EUROPEAN SUPERVISION ORDER REGULATIONS 2014

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2014/228 “notify” means notify in writing (and “notification” is to be read
accordingly).

Recognition of supervision measures: requests to Member States

Requests to Member States for monitoring supervision measures.

3.(1) A court which makes a decision on supervision measures may request
a competent authority of a Member State (“the executing State”) to monitor
the supervision measures under the Framework Decision where–

(a) the measures are suitable for monitoring in the executing State,
and

(b) the executing State is one to which the request may be made.

(2) To make the request, the court must–

(a) issue a certificate requesting monitoring under the Framework
Decision in respect of the decision on supervision measures,
and

(b) give the documents set out in subregulation (3) to the
competent authority or to the central authority of the executing
State.

(3) The documents are–

(a) the decision on supervision measures or a certified copy of it,

(b) the certificate, and

(c) a copy of the certificate translated into the official language, or
one of the official languages, of the executing State.

(4) But paragraph (3)(c) does not apply if–

(a) English is an official language of the executing State, or

(b) the executing State has declared under article 24 of the
Framework Decision that it will accept a certificate translated
into English.

(5) A court makes a “decision on supervision measures” if–

(a) it grants bail in accordance with the Criminal Procedure and
Evidence Act 2011, to a person who is charged with an
offence, and
Criminal Procedure and Evidence EUROPEAN SUPERVISION ORDER REGULATIONS 2014

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2014/228
(b) requirements are imposed on the person in accordance with
section 112 of that Act, as a condition of bail.

For the purposes of these Regulations the requirements that may be imposed
on a person under that Act as a condition of bail include requirements which
can only be complied with in a Member State.

(6) “Supervision measures” means the requirements imposed on the
person as a condition of bail.

(7) A supervision measure is “suitable for monitoring in the executing
State” if it constitutes–

(a) a supervision measure of a kind mentioned in article 8(1) of the
Framework Decision (types of supervision measures), or

(b) a supervision measure of a kind which the executing State has
given notice, under article 8(2) of that Decision, that it is
prepared to monitor.

(8) The executing State is “one to which the request may be made” if–

(a) the person is lawfully and ordinarily resident in the executing
State and consents to return to that State with a view to the
supervision measures being monitored there under the
Framework Decision, or

(b) the person is not lawfully and ordinarily resident in the
executing State but–

(i) the person asks for the request to be made to a competent
authority of the executing State, and

(ii) the competent authority consents to the making of the
request.

(9) In regulations 4 to 10–

“the competent authority of the executing State”, in relation to a request
under this regulation, means the competent authority to which the
request is made;

“decision on supervision measures” and “supervision measures” are to be
read in accordance with this regulation;

Criminal Procedure and Evidence EUROPEAN SUPERVISION ORDER REGULATIONS 2014

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2014/228 “the executing State”, in relation to a request under this regulation,
means the Member State of the competent authority to which the
request is made.

Recognition of request.

4.(1) A court which has made a decision on supervision measures ceases
to be responsible for monitoring the supervision measures if–

(a) the court makes a request under regulation 3 for the competent
authority of the executing State to monitor those measures
under the Framework Decision, and

(b) the competent authority notifies the court that it has decided to
recognise the decision on supervision measures under the
Framework Decision.

(2) The fact that the court has ceased to be responsible for monitoring
the supervision measures does not affect the court’s jurisdiction to take
subsequent decisions in relation to the decision on supervision measures,
including decisions about–

(a) renewal, review or withdrawal of the decision on supervision
measures,

(b) modification of the supervision measures, and

(c) the issue of a warrant for the arrest of the person subject to the
decision.

(3) Where the person subject to the decision on supervision measures is
in the executing State, the court may permit the person to attend through a
live link any hearing as to whether or not to take a subsequent decision in
relation to the decision.

(4) “Live link” means an arrangement by which a person (when not in
the place where a hearing is being held) is able–

(a) to see and hear the court during the hearing, and

(b) to be seen and heard by the court during the hearing;

(and for this purpose any impairment of eyesight or hearing is to be
disregarded).

(5) The fact that the court has ceased to be responsible for monitoring
the supervision measures does not affect any power conferred on a police
Criminal Procedure and Evidence EUROPEAN SUPERVISION ORDER REGULATIONS 2014

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2014/228 officer by the Police and Criminal Evidence Act 2011 to arrest without
warrant the person subject to the decision on supervision measures.

Power to withdraw certificate.

5.(1) A court which has made a request under regulation 3 for the
competent authority of the executing State to monitor supervision measures
under the Framework Decision must consider whether to withdraw the
certificate requesting monitoring under that Decision if the competent
authority informs the court that–

(a) the competent authority could refuse to monitor the supervision
measures on the ground mentioned in article 15(1)(h) of that
Decision (grounds for non-recognition) but is nevertheless
willing to monitor them,

(b) the competent authority has taken a decision, in accordance
with article 13 (adaptation of supervision measures) of that
Decision, adapting the supervision measures, or

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

(2) But a decision to withdraw the certificate under paragraph (1)(b) or
(c) may be made only if monitoring of the supervision measures in the
executing State has not yet started.

(3) If the court withdraws the certificate under this regulation, it must
inform the competent authority.

(4) A decision to withdraw the certificate under this regulation must be
taken, and the competent authority must be informed under subregulation
(3), no later than 10 days after the day on which the competent authority
informs the court as mentioned in subregulation (1).

(5) This regulation applies in relation to a decision by the court
renewing a decision on supervision measures, or modifying supervision
measures, as it applies to the original decision on supervision measures, and
references in this regulation to the supervision measures are to be read
accordingly.

Duties where measures being monitored by executing State.

6.(1) This regulation applies in relation to any time when a court which
has made a decision on supervision measures–

Criminal Procedure and Evidence EUROPEAN SUPERVISION ORDER REGULATIONS 2014

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2014/228 (a) has ceased under regulation 4 to be responsible for monitoring
the supervision measures, and

(b) has not yet become responsible under regulation 8 for
monitoring them again.

(2) The court must immediately inform the competent authority of the
executing State if–

(a) legal proceedings are brought in relation to the decision on
supervision measures, or

(b) the court takes a subsequent decision in relation to the decision
on supervision measures, as mentioned in regulation 4(2) (a
“supervening decision”).

(3) The court must consider whether to take a supervening decision if
the competent authority of the executing State notifies the court, using the
form set out in Annex II to the Framework Decision, of–

(a) a breach of the supervision measures, or

(b) any other finding which could result in the court taking a
supervening decision.

(4) Where the decision on supervision measures provides for the
measures to have effect for a specified period, the court must, before the
expiry of that period, inform the competent authority of the executing State–

(a) as to whether the court expects the monitoring of the
supervision measures to be necessary for a further period, and

(b) if so, of the expected length of that period.

(5) The court must inform the competent authority under subregulation
(4)–

(a) following a request from that authority, or

(b) if no such request is made, on the initiative of the court.

(6) If the competent authority of the executing State requests
information from the court as to whether monitoring of the supervision
measures is still necessary in the circumstances of the case, the court must
respond without delay.

(7) If–
Criminal Procedure and Evidence EUROPEAN SUPERVISION ORDER REGULATIONS 2014

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2014/228
(a) the law of the executing State requires periodic confirmation of
the need to prolong the monitoring of the supervision
measures, and

(b) the competent authority of the executing State requests that
confirmation from the court and sets a reasonable time limit for
the request to be complied with,

the court must respond within that time limit.

Request to extend maximum period for which measures may be
monitored.

7.(1) This regulation applies in relation to any time when a court which
has made a decision on supervision measures–

(a) has ceased under regulation 4 to be responsible for monitoring
the supervision measures, and

(b) has not yet become responsible under regulation 8 for
monitoring them again.

(2) The court may make a request under this regulation if–

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

(b) the period is due to expire, and

(c) the court considers that the supervision measures are still
needed.

(3) A request under this regulation is a request to the competent
authority of the executing State for the period to be extended.

(4) The request must specify the period for which an extension is likely
to be needed.

Court becoming responsible again for monitoring measures.

8.(1) A court which–

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

Criminal Procedure and Evidence EUROPEAN SUPERVISION ORDER REGULATIONS 2014

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2014/228 (b) has ceased under regulation 4 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 5
or otherwise), and

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

(7) The sixth 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.
Criminal Procedure and Evidence EUROPEAN SUPERVISION ORDER REGULATIONS 2014

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2014/228
(8) 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.

Withdrawal of decision on supervision measures.

9. Nothing in regulations 6 to 8 applies in relation to a time when the court–

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

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

Consultation and exchange of information.

10.(1) A court which is considering making a request under regulation 3 for
a competent authority of a Member State other than the United Kingdom to
monitor supervision measures under the Framework Decision must, unless
impracticable, consult the competent authority–

(a) while preparing the documents mentioned in subregulation (3)
of that regulation, or

(b) at the latest, before giving those documents to the competent
authority or to the central authority of that State.

(2) A court which has made a request under regulation 3 for the
competent authority of the executing State to monitor supervision measures
under the Framework Decision must, unless impracticable, consult the
competent authority–

(a) at such times as it considers necessary, with a view to
facilitating the smooth and efficient monitoring of the
supervision measures;

(b) if the competent authority notifies it, in accordance with article
19(3) of the Framework Decision (obligations of the authorities
involved), of a serious breach of those measures.

(3) In consulting under this regulation, the court must co-operate with
the competent authority with a view to the exchange of any useful
information, including–

(a) information for verifying the identity and place of residence of
the person concerned, and

Criminal Procedure and Evidence EUROPEAN SUPERVISION ORDER REGULATIONS 2014

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2014/228 (b) relevant information taken from the person’s criminal records
in accordance with applicable legislation.

(4) The court must take due account of any indications communicated
by the competent authority as to the risk the person may pose to victims and
the general public.

Recognition of supervision measures: requests from other Member
States

Requests from other Member States for monitoring supervision
measures.

11.(1) This regulation applies if a competent authority of a Member State
(“the issuing State”)–

(a) makes a decision on supervision measures, and

(b) makes a request for monitoring of supervision measures under
the Framework Decision.

(2) The competent authority makes a “request for monitoring of
supervision measures under the Framework Decision” if it or the central
authority of the issuing State gives the central authority for Gibraltar–

(a) the decision on supervision measures or a certified copy of it,

(b) a certificate requesting monitoring under the Framework
Decision, and

(c) if the certificate is not in English, a copy of the certificate
translated into English.

(3) The central authority for Gibraltar must give those documents to a
magistrates’ court.

(4) The magistrates’ court must decide whether it is satisfied that any of
the grounds for refusal in the Schedule apply.

(5) If the magistrates’ court decides that none of the grounds for refusal
applies, it must notify the competent authority without delay that it has
decided to recognise the decision on supervision measures and, accordingly,
to take the measures necessary for securing that the supervision measures
are monitored.

Criminal Procedure and Evidence EUROPEAN SUPERVISION ORDER REGULATIONS 2014

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2014/228 (6) If the magistrates’ court decides that the only ground for refusal
which applies is that mentioned in paragraph 7 of the Schedule, it may
inform the competent authority that–

(a) it could refuse to monitor the supervision measures on the
ground mentioned in article 15(1)(h) of the Framework
Decision (giving reasons for the possible refusal), but

(b) it is nevertheless willing to monitor them.

(7) If–

(a) the magistrates’ court informs the competent authority under
subregulation (6), and

(b) the competent authority does not inform the magistrates’ court
that it has withdrawn the certificate requesting monitoring
under the Framework Decision in accordance with article 15(3)
of that Decision,

the magistrates’ court must notify the competent authority without delay
that it has decided to recognise the decision on supervision measures and,
accordingly, to take the measures necessary for securing that the supervision
measures are monitored.

(8) If the magistrates’ court decides that one or more of the grounds for
refusal applies then, subject to subregulation 6, it must notify the competent
authority without delay–

(a) that it has decided not to recognise the decision on supervision
measures and, accordingly, not to assume responsibility for
monitoring the supervision measures, and

(b) of the reasons for its decision.

(9) The magistrates’ court must notify the competent authority without
delay if, at any time after receiving the documents mentioned in
subregulation (2) and before making a notification under subregulation (5),
(7) or (8), it becomes aware of any change of residence of the person subject
to the decision on supervision measures.

(10) In this regulation, regulations 12 to 20 and the Schedule “decision on
supervision measures” and “supervision measures” have the meanings given
by article 4 of the Framework Decision (definitions).

(11) In regulations 12 to 20 and the Schedule–

Criminal Procedure and Evidence EUROPEAN SUPERVISION ORDER REGULATIONS 2014

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2014/228 “the competent authority of the issuing State”, in relation to a request for
monitoring of supervision measures under the Framework
Decision, means the competent authority which makes the request;

“the issuing State”, in relation to a request for monitoring of supervision
measures under the Framework Decision, means the Member State
of the competent authority which makes the request;

“request for monitoring of supervision measures under the Framework
Decision” is to be read in accordance with this regulation.

Procedural requirements relating to decision under regulation 11(4)

12.(1) A magistrates’ court must take a decision under regulation 11(4) as
soon as possible and, in any event–

(a) within 20 working days of the day on which the central
authority for Gibraltar receives the documents mentioned in
regulation 11(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–

(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 the Schedule may
apply, it must, before taking a decision under regulation 11(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 the Schedule, specify a reasonable period within which the
certificate must be completed or corrected.

Criminal Procedure and Evidence EUROPEAN SUPERVISION ORDER REGULATIONS 2014

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2014/228 (4) Where the magistrates’ court specifies under subregulation (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 in Gibraltar.

Adaptation of supervision measures.

13.(1) This regulation applies if a magistrates’ court–

(a) is under a duty to notify the competent authority of the issuing
State under regulation 11(5) or (7) that it has decided to
recognise a decision on supervision measures, but

(b) considers that one or more of the supervision measures is not
compatible with the law of Gibraltar.

(2) The magistrates’ court may decide to adapt the supervision measures
to bring them into line with the kind of supervision measures that are
available under the law of Gibraltar in relation to alleged offences
corresponding to the alleged offences to which the decision on supervision
measures relates.

(3) For this purpose, the adapted measures–

(a) must correspond as far as possible to the original measures, but

(b) must not be more severe than the original measures.

(4) If the magistrates’ court decides to adapt the supervision measures–

(a) it must notify the competent authority of that decision without
delay, and
Criminal Procedure and Evidence EUROPEAN SUPERVISION ORDER REGULATIONS 2014

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2014/228
(b) references in regulations 14 to 20 to monitoring or breach of
supervision measures are to be read as references to monitoring
or breach of the adapted measures.

Effect of recognition of decision on supervision measures.

14.(1) If a magistrates’ court notifies the competent authority of the issuing
State under regulation 11(5) or (9) that it has decided to recognise the
decision on supervision measures–

(a) it becomes responsible for monitoring the supervision
measures, and

(b) it must without delay take the measures it considers necessary
for securing that the supervision measures are monitored.

(2) But the magistrates’ court must notify the competent authority
without delay if it is not possible, in practice, to monitor the supervision
measures because the person subject to the decision on supervision
measures cannot be found in Gibraltar.

Duties of court responsible for monitoring supervision measures.

15.(1) This regulation applies in relation to any time when a magistrates’
court which has decided to recognise a decision on supervision measures–

(a) has become responsible under regulation 14 for monitoring the
supervision measures, and

(b) has not yet ceased under regulation 19 to be responsible for
monitoring them.

(2) The magistrates’ court must immediately notify the competent
authority of the issuing State, using the form set out in Annex II to the
Framework Decision (form), if it becomes aware of–

(a) a breach of the supervision measures, or

(b) any other finding which could result in the competent authority
taking a subsequent decision in relation to the decision on
supervision measures, as mentioned in article 18(1) of the
Framework Decision (competence to take all subsequent
decisions and governing law).

(3) The magistrates’ court must notify the competent authority of the
issuing State without delay if–
Criminal Procedure and Evidence EUROPEAN SUPERVISION ORDER REGULATIONS 2014

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2014/228
(a) legal proceedings are brought in relation to the decision to
recognise the decision on supervision measures, or

(b) it becomes aware of any change of residence of the person
subject to the decision on supervision measures.

Power to stop monitoring where no response to notification of breach.

16.(1) This regulation applies if–

(a) a magistrates’ court makes more than one notification to the
competent authority of the issuing State under regulation 15(2)
in relation to a particular breach or other finding, and

(b) the competent authority does not take a supervening decision in
response to the breach or other finding.

(2) The magistrates’ court may–

(a) make a further notification in relation to the breach or other
finding,

(b) invite the competent authority to take a supervening decision in
response to the breach or other finding, and

(c) give the competent authority a reasonable period in which to
do so.

(3) If the competent authority does not take a supervening decision
within that period, the magistrates’ court may decide to stop monitoring the
supervision measures.

(4) If the magistrates’ court decides to stop monitoring the supervision
measures under this regulation, it must inform the competent authority of its
decision.

(5) In this regulation a “supervening decision” means a subsequent
decision in relation to a decision on supervision measures, as mentioned in
article 18(1) of the Framework Decision (competence to take all subsequent
decisions and governing law).

Power of arrest where magistrates’ court responsible for monitoring
supervision measures.

17.(1) Subregulation (2) applies in relation to any time when a magistrates’
court which has decided to recognise a decision on supervision measures–
Criminal Procedure and Evidence EUROPEAN SUPERVISION ORDER REGULATIONS 2014

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2014/228
(a) has become responsible under regulation 14 for monitoring the
supervision measures, and

(b) has not yet ceased under regulation 19 to be responsible for
monitoring them.

(2) The person subject to the decision on supervision measures may be
arrested without warrant by a police officer if–

(a) the police officer has reasonable grounds for believing that the
person is likely to breach any of the supervision measures or
has reasonable grounds for suspecting that the person has
breached any of those measures, and

(b) the police officer considers the arrest necessary for the
protection of victims or the general public or for the
safeguarding of internal security.

(3) A person arrested under paragraph (2) must be brought before the
magistrates’ court as soon as possible.

(4) The magistrates’ court may require the person to be detained if it is
of the opinion that–

(a) the person has breached or is likely to breach any of the
supervision measures, and

(b) the detention is necessary for the protection of victims or the
general public or for the safeguarding of internal security.

(5) If the magistrates’ court does not require the person to be detained,
the person must be released.

(6) A person’s detention under subregulation (4) must be brought to an
end if–

(a) having been notified under regulation 15(2) of the matter that
resulted in the person’s detention, the competent authority of
the issuing State informs the magistrates’ court that it has taken
a subsequent decision in relation to the decision on supervision
measures, as mentioned in article 18(1) of the Framework
Decision, or

(b) the magistrates’ court ceases under regulation 19 to be
responsible for monitoring the supervision measures.

Criminal Procedure and Evidence EUROPEAN SUPERVISION ORDER REGULATIONS 2014

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2014/228 (7) Nothing in this regulation affects any other power of arrest conferred
on a police officer.

(8) A person may not be detained under subregulation (4) for more than
28 days beginning with the day of the person’s first appearance before the
court under subregulation (3).

Renewal or modification of supervision measures which are being
monitored.

18.(1) This regulation applies in relation to any time when a magistrates’
court which has decided to recognise a decision on supervision measures–

(a) has become responsible under regulation 14 for monitoring the
supervision measures, and

(b) has not yet ceased under regulation 19 to be responsible for
monitoring them.

(2) If the competent authority of the issuing State informs the
magistrates’ court that it has taken a decision renewing the decision on
supervision measures, or modifying the supervision measures–

(a) that decision does not (subject as follows) affect the court’s
responsibility for monitoring the renewed or modified
supervision measures, and

(b) references in regulations 14 to 20 to monitoring or breach of
the supervision measures are to be read as references to
monitoring or breach of the renewed or modified measures.

(3) If the magistrates’ court had adapted the supervision measures under
regulation 13 and the decision renews the measures–

(a) the adaptations apply to the renewed decision as they applied
to the original decision, and

(b) regulation 13(4)(b) applies accordingly.

(4) If the decision modifies the supervision measures and the
magistrates’ court considers that the modified supervision measures include
measures other than those of a kind mentioned in article 8(1) of the
Framework Decision, the magistrates’ court must–

(a) decide to refuse to monitor the modified supervision measures,
and

Criminal Procedure and Evidence EUROPEAN SUPERVISION ORDER REGULATIONS 2014

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2014/228 (b) inform the competent authority of that decision.

(5) If the decision modifies the supervision measures and the
magistrates’ court–

(a) does not decide to refuse to monitor the modified supervision
measures, but

(b) considers that one or more of those measures is not compatible
with the law of Gibraltar,

regulation 14(2) to (4) applies in relation to those measures.

Court ceasing to be responsible for monitoring measures

19.(1) A magistrates’ court which–

(a) has decided to recognise a decision on supervision measures,
and

(b) has become responsible under regulation 14 for monitoring the
supervision measures,

ceases to be responsible for monitoring them 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.

(3) The second case is where the magistrates’ court notifies the
competent authority of the issuing State under regulation 14(2) that it is not
possible, in practice, to monitor the supervision measures.

(4) The third case is where the magistrates’ court informs the competent
authority of the issuing State that it has decided, in accordance with
regulation 16, to stop monitoring the supervision measures.

(5) The fourth case is where–

(a) the supervision measures have been modified, and

(b) the magistrates’ court informs the competent authority of the
issuing State that it has decided, in accordance with regulation
18(4), to refuse to monitor the modified supervision measures.

(6) The fifth case is where the competent authority of the issuing State–

Criminal Procedure and Evidence EUROPEAN SUPERVISION ORDER REGULATIONS 2014

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2014/228 (a) withdraws the certificate requesting monitoring under the
Framework Decision (whether in response to a decision under
regulation 13 adapting the supervision measures or otherwise),
and

(b) informs the magistrates’ court of its withdrawal.

(7) The sixth case is where the competent authority of the issuing State–

(a) withdraws the decision on supervision measures, and

(b) informs the magistrates’ court of its withdrawal.

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

(9) The magistrates’ court may at any time ask the competent authority
for information as to whether monitoring of the supervision measures is still
necessary.

Consultation and exchange of information.

20.(1) If a competent authority of a Member State consults the central
authority for Gibraltar about a request for monitoring of supervision
measures under the Framework Decision which it is considering making, a
magistrates’ court specified by the central authority must, unless
impracticable, co-operate in that consultation.

(2) Where a competent authority has made a request for monitoring of
supervision measures under the Framework Decision, the magistrates’ court
to which the documents mentioned in regulation 11(2) were given must,
unless impracticable, consult the competent authority–

(a) at such times as it considers necessary, with a view to
facilitating the smooth and efficient monitoring of the
supervision measures;

(b) if it notifies the competent authority under regulation 15(2) of a
serious breach of those measures.

(3) In consulting or co-operating in consultation under this regulation,
the magistrates’ court must co-operate with the competent authority with a
view to the exchange of any useful information, including–

(a) information for verifying the identity and place of residence of
the person concerned, and
Criminal Procedure and Evidence EUROPEAN SUPERVISION ORDER REGULATIONS 2014

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2014/228
(b) relevant information taken from the person’s criminal records
in accordance with applicable legislation.




Criminal Procedure and Evidence EUROPEAN SUPERVISION ORDER REGULATIONS 2014

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2014/228
SCHEDULE

Regulation 11

Grounds for refusal to monitor supervision measures

PART 1

Grounds for refusal

1. The certificate requesting monitoring under the Framework Decision–

(a) is incomplete or obviously does not correspond to the decision
on supervision measures, and

(b) is not completed or corrected within the period specified under
regulation 12(3)(c).

2.(1) Where the person subject to the decision on supervision measures is
lawfully and ordinarily resident in Gibraltar, the person has not consented to
return there with a view to the supervision measures being monitored there
under the Framework Decision.

(2) Where the person subject to the decision on supervision measures is
not lawfully and ordinarily resident in Gibraltar, the person–

(a) has not asked for a request to be made for monitoring of the
supervision measures under the Framework Decision by a
competent authority in Gibraltar, or

(b) has asked for such a request to be made but has not given
adequate reasons as to why it should be made.

(3) The certificate includes measures other than those referred to in
article 8(1) of the Framework Decision (types of supervision measures).

(4) Recognition of the decision on supervision measures would
contravene the principle of ne bis in idem.

5.(1) The decision on supervision measures was based on conduct that
would not constitute an offence under the law of Gibraltar if it occurred in
Gibraltar.

(2) But sub-paragraph (1) does not apply if–

(a) the conduct is specified in Part 2 of this Schedule, and
Criminal Procedure and Evidence EUROPEAN SUPERVISION ORDER REGULATIONS 2014

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2014/228
(b) the conduct is punishable under the law of the issuing State
with imprisonment or another form of detention for a term of 3
years or a greater punishment.

(3) For the purposes of sub-paragraph (1)–

(a) if the conduct relates to a tax or duty, it does not matter
whether the law of Gibraltar contains the same kind of tax or
duty or contains rules of the same kind as those of the law of
the issuing State;

(b) if the conduct relates to customs or exchange, it does not
matter whether the law of Gibraltar contains rules of the same
kind as those of the law of the issuing State.

(4) The decision was based on conduct where, under the law of
Gibraltar–

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

(b) the conduct falls within the jurisdiction of Gibraltar.

6. The decision on supervision measures was based on conduct by a person
who was under the age of 10 when the conduct took place.

7. The conduct on which the decision on supervision measures was based is
such that–

(a) if there was a breach of the supervision measures, and

(b) a warrant was issued by the issuing State for the arrest of the
person subject to the decision,

the person would have to be discharged at a hearing under the European
Arrest Warrant Act 2004.

8. It appears that the decision on supervision measures was in fact made for
the purpose of punishing the person subject to the decision on account of the
person’s race, ethnic origin, religion, nationality, language, gender, sexual
orientation or political opinions.

PART 2

 Participation in a criminal organisation.

Criminal Procedure and Evidence EUROPEAN SUPERVISION ORDER REGULATIONS 2014

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2014/228  Terrorism.

 Trafficking in human beings.

 Sexual exploitation of children and child pornography.

 Illicit trafficking in narcotic drugs and psychotropic substances.

 Illicit trafficking in weapons, munitions and explosives.

 Corruption.

 Fraud, including that affecting the financial interests of the European Union within the meaning of the Convention of 26 July 1995 on the
protection of the European Union’s financial interests.

 Laundering of the proceeds of crime.

 Counterfeiting currency, including of the euro.

 Computer-related crime.

 Environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties.

 Facilitation of unauthorised entry and residence.

 Murder, grievous bodily injury.

 Illicit trade in human organs and tissue.

 Kidnapping, illegal restraint and hostage-taking.

 Racism and xenophobia.

 Organised or armed robbery.

 Illicit trafficking in cultural goods, including antiques and works of art.
 Swindling.

 Racketeering and extortion.

 Counterfeiting and piracy of products.

 Forgery of administrative documents and trafficking therein.
Criminal Procedure and Evidence EUROPEAN SUPERVISION ORDER REGULATIONS 2014

© Government of Gibraltar (www.gibraltarlaws.gov.gi)
2011-24 Subsidiary 2014/228
 Forgery of means of payment.

 Illicit trafficking in hormonal substances and other growth promoters.

 Illicit trafficking in nuclear or radioactive materials.

 Trafficking in stolen vehicles.

 Rape.

 Arson.

 Crimes within the jurisdiction of the International Criminal Court.

 Unlawful seizure of aircraft or ships.

 Sabotage.

PART 3

Interpretation

In this Schedule “conduct” includes any act or omission”.