Criminal Justice (Mutual Recognition of Probation Judgments and Decisions) Act 2019

9

Definitions

9.In this Part—

“community service order” has the meaning assigned to it by section 3 of the Criminal Justice (Community Service) Act 1983;

“Director of the Probation Service” has the meaning assigned to it by section 1 of the Criminal Justice (Community Service) Act 1983;

“judgment in the State” means—

(a) an order under section 99(1) of the Act of 2006—

(i) pursuant to which a natural person enters into a recognisance referred to in that section, and

(ii) that has a condition specified in it requiring that person to be under the supervision of the Probation Service,

(b) a community service order made in respect of a natural person,

(c) an order under section 1 of the Probation of Offenders Act 1907 pursuant to which a natural person enters into a recognisance referred to in that section where such recognisance contains the condition first-mentioned in section 2(1) of that Act by virtue of a probation order referred to in such section 2(1),

(d) a recognisance referred to in section 28(2)(a) of the Misuse of Drugs Act 1977—

(i) entered into by a natural person, and

(ii) that has a condition contained in it requiring that person to be under the supervision of the Probation Service,

(e) an order imposing a community sanction (within the meaning of section 115 of the Children Act 2001) on a natural person who is a child within the meaning of section 3 of that Act,

(f) a sentence involving post-release supervision imposed on a natural person under section 29(1) of the Sex Offenders Act 2001, or

(g) a sentence referred to in section 2 of the Act of 1960 imposed on a natural person who is, in respect of such sentence, the subject of a probation decision;

“probation decision”, in relation to a judgment referred to in paragraph (g) of the definition of “judgment in the State”, means a direction referred to in section 2 of the Act of 1960 pursuant to which the sentenced person is released from prison for a period which exceeds the remainder of the sentence of imprisonment referred to in such section 2 that would, but for such release, have to be served by the person;

“Probation Service” has the meaning assigned to it by section 1 of the Criminal Justice (Community Service) Act 1983;

“sentenced person”, in relation to a judgment in the State and, where applicable, the probation decision, means the natural person the subject of that judgment and, where applicable, that probation decision;

“subsequent decision”, in relation to a probation measure or alternative sanction imposed by a judgment in the State and, where applicable, the probation decision, means a decision—

(a) varying or revoking an obligation or instruction imposed by the probation measure or alternative sanction,

(b) in relation to a judgment which falls within paragraph (a) of the definition of “judgment in the State”, revoking the order concerned referred to in that paragraph,

(c) in relation to a judgment referred to in paragraph (g) of the definition of “judgment in the State”, revoking or varying the direction concerned referred to in section 2 of the Act of 1960, or

(d) in consequence of a failure by the sentenced person to comply with the probation measure or alternative sanction—

(i) enforcing a custodial sentence, or other measure involving the deprivation of liberty, imposed on the person, or

(ii) imposing a custodial sentence, or other measure involving the deprivation of liberty, on the person.