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Article 8 General conditions for applying temporary derogations

United Kingdom

Original text. Later amendments are not shown.

1.

Any temporary derogation under Article 3(5) or (6) or under Article 5(3) shall

(a)

be proportionate and not go beyond what is necessary;

(b)

be strictly limited in time;

(c)

not be based exclusively on the type or the seriousness of the alleged offence; and

(d)

not prejudice the overall fairness of the proceedings.

2.

Temporary derogations under Article 3(5) or (6) may be authorised only by a duly reasoned decision taken on a case-by-case basis, either by a judicial authority, or by another competent authority on condition that the decision can be submitted to judicial review. The duly reasoned decision shall be recorded using the recording procedure in accordance with the law of the Member State concerned.

3.

Temporary derogations under Article 5(3) may be authorised only on a case-by-case basis, either by a judicial authority, or by another competent authority on condition that the decision can be submitted to judicial review.