Criminal Records (Exchange of Information) Act 2019
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Reply to request for information under Article 6 of Framework Decision in relation to person who is national of State | ||
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7. (1) This section applies to a request made to the Central Authority by a central authority of a Member State (in this Act referred to as the “requesting Member State”) under Article 6 of the Framework Decision for information contained in the Criminal Record Database in relation to a person who is a national of the State. | ||
(2) Where a request to which this section applies is made for the purposes of criminal proceedings in the requesting Member State, the Central Authority shall transmit to the central authority of the requesting Member State the following information (if any) in relation to the person who is the subject of the request: | ||
(a) information relating to convictions in the State contained in the Criminal Records Database; | ||
(b) information relating to convictions in a Member State transmitted to the Central Authority after 27 April 2012 under Article 4 of the Framework Decision and stored in accordance with section 5 ; | ||
(c) information relating to convictions in a Member State transmitted to the Central Authority on or before 27 April 2012 and contained in the Criminal Records Database; | ||
(d) information relating to convictions in a third country transmitted to the Central Authority and contained in the Criminal Records Database. | ||
(3) Where a request to which this section applies is made for a purpose specified in Schedule 3, the Central Authority shall, subject to subsection (4), transmit to the central authority of the requesting Member State the following information (if any) in relation to the person the subject of the request: | ||
(a) information relating to convictions in the State contained in the Criminal Records Database; | ||
(b) information relating to convictions in a Member State transmitted to the Central Authority after 27 April 2012 under Article 4 of the Framework Decision and stored in accordance with section 5 ; | ||
(c) information relating to convictions in a Member State transmitted to the Central Authority on or before 27 April 2012 and contained in the Criminal Records Database; | ||
(d) information relating to convictions in a third country transmitted to the Central Authority and contained in the Criminal Records Database. | ||
(4) (a) The Central Authority shall not transmit information under subsection (3)(b) relating to convictions in a Member State (in this subsection referred to as the “convicting Member State”) where the central authority of the convicting Member State who transmitted that information to the Central Authority informed it that the information may not be retransmitted for any purposes other than the purpose of criminal proceedings. | ||
(b) In a case to which paragraph (a) applies, the Central Authority shall inform the central authority of the requesting Member State of the convicting Member State who transmitted the information concerned to it under Article 4 of the Framework Decision, so as to enable the central authority of the requesting Member State to submit a request for such information directly to the convicting Member State. | ||
(5) The Central Authority shall ensure that any information transmitted under subsection (2)(b) or (3)(b) has been updated (if applicable) in accordance with section 5 (2). | ||
(6) (a) The Central Authority shall reply to a request referred to in subsection (1) using the form set out in the Annex to the Framework Decision. | ||
(b) The reply shall be— | ||
(i) in one of the official languages of the State or in any other language accepted by the requesting Member State, and | ||
(ii) accompanied by a list of the convictions (if any) referred to in subsection (2) or (3), as the case may be. |