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