Regulation 110 Power of arrest where magistrates’ court responsible for monitoring supervision measures
Paragraph (2) applies in relation to any time when a magistrates’ court which has decided to recognise a decision on supervision measures—
has become responsible under regulation 107 for monitoring the supervision measures, and
has not yet ceased under regulation 112 to be responsible for monitoring them.
The person subject to the decision on supervision measures may be arrested without warrant by a constable if—
the constable 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
the constable considers the arrest necessary for the protection of victims or the general public or for the safeguarding of internal security.
A person arrested under paragraph (2) must be brought before a magistrates’ court—
as soon as possible, and
in any event, within 24 hours after the person’s arrest (not counting Sundays, Christmas Day or Good Friday).
The magistrates’ court may require the person to be detained if it is of the opinion that—
the person has breached or is likely to breach any of the supervision measures, and
the detention is necessary for the protection of victims or the general public or for the safeguarding of internal security.
A magistrates’ court must give its reasons for requiring a person to be detained under paragraph (4).
If the magistrates’ court does not require the person to be detained, the person must be released.
A person’s detention under paragraph (4) must be brought to an end if—
having been notified under regulation 108(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
the magistrates’ court ceases under regulation 112 to be responsible for monitoring the supervision measures.
Article 47 of the Magistrates’ Courts (Northern Ireland) Order 1981f1 applies in relation to a magistrates’ court’s power to require a person to be detained under paragraph (4) as if—
the following provisions of that article were omitted—
-
in paragraph (1), paragraph (b) and the words following it;
-
paragraph (4).
Article 49 of that Order (remand in case of illness or accident) applies in relation to a person required to be detained under paragraph (4).
Articles 79 and 80 of the Criminal Justice (Northern Ireland) Order 2008 (live links) apply in relation to proceedings relating to a person who has been required to be detained under paragraph (4) as in relation to a “preliminary hearing” within the meaning of those articles.
Nothing in this regulation affects any other power of arrest conferred on a constable.