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