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

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Interpretation

2. (1) In this Act—

“Act of 2006” means the Criminal Justice Act 2006 ;

“appropriate court” means—

(a) where an application is made under section 23 (1)(a) in relation to a judgment and, where applicable, the probation decision in respect of an offence which would, if dealt with under the law of the State, have been required to be tried by the Central Criminal Court, the High Court, and

(b) in any other case, the Circuit Court;

“Article 6 certificate” means the certificate—

(a) provided for in Article 6 of the Framework Decision, and

(b) the standard form of which is set out in Annex I to the Framework Decision;

“Framework Decision” means Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition to judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions, as amended by Council Framework Decision 2009/299/JHA of 26 February 2009 amending Framework Decisions 2002/584/JHA, 2005/214/JHA, 2006/783/JHA, 2008/909/JHA and 2008/947/JHA, thereby enhancing the procedural rights of persons and fostering the application of the principle of mutual recognition to decisions rendered in the absence of the person concerned at the trial (the text of which Council Framework Decision 2008/947/JHA, as so amended, is set out for ease of reference in the Schedule );

“Member State competent authority”, in relation to a Member State (other than the State), means the authority designated by that Member State to be the competent authority in that Member State for the purposes of the Framework Decision;

“Minister” means the Minister for Justice and Equality;

“prescribed” means prescribed by regulations made by the Minister;

“probation measure” includes a probation period;

“section 2 of the Act of 1960” means section 2 of the Criminal Justice Act 1960 .

(2) A word or expression that is used in this Act and is also used in the Framework Decision has, unless the context otherwise requires, the same meaning in this Act as it has in the Framework Decision.