|
|
|
Probation measures and alternative sanctions to which Part 3 applies
|
| |
19. (1) This Part shall apply to the following probation measures and alternative sanctions:
|
|
| |
(a) an obligation on the sentenced person to inform a specific authority of any change of residence or working place;
|
|
| |
(b) an obligation on the sentenced person not to enter certain localities, places or defined areas in the issuing state or the State;
|
|
| |
(c) an obligation on the sentenced person containing limitations on leaving the territory of the State;
|
|
| |
(d) instructions concerning the sentenced person relating to behaviour, residence, education and training, leisure activities, or containing limitations on or modalities of carrying out a professional activity (but not including a professional disqualification imposed on the sentenced person as part of the measure or sanction);
|
|
| |
(e) an obligation on the sentenced person to report at specified times to a specific authority;
|
|
| |
(f) an obligation on the sentenced person to avoid contact with specific persons;
|
|
| |
(g) an obligation on the sentenced person to avoid contact with specific objects which have been used, or are likely to be used, by the sentenced person with a view to committing an offence;
|
|
| |
(h) an obligation on the sentenced person to compensate financially for the prejudice caused by the offence which gave rise to the judgment concerned, or an obligation to provide proof of compliance with the first-mentioned obligation, or both;
|
|
| |
(i) an obligation on the sentenced person to carry out community service;
|
|
| |
(j) an obligation on the sentenced person to co-operate with a probation officer or with a representative of a social service having responsibilities in respect of sentenced persons;
|
|
| |
(k) an obligation on the sentenced person to undergo therapeutic treatment or treatment for addiction;
|
|
| |
(l) subject to subsection (2), a probation measure or alternative sanction prescribed for the purposes of this paragraph.
|
|
| |
(2) For the purposes of prescribing a probation measure or alternative sanction, the Minister shall have regard to—
|
|
| |
(a) Article 1 of the Framework Decision, in particular facilitating the social rehabilitation of sentenced persons, and
|
|
| |
(b) advice given by the Director of the Probation Service to the Minister that—
|
|
| |
(i) there is such a measure or sanction in another Member State which does not presently fall within subsection (1), and
|
|
| |
(ii) the Probation Service is in a position to supervise such measure or sanction.
|
|
| |
(3) The Minister shall, as soon as is practicable after a probation measure or alternative sanction is prescribed for the purposes of subsection (1)(l), by notice in writing given to the General Secretariat of the Council of the European Union, inform the General Secretariat that the State is prepared to supervise that measure or sanction, as the case may be.
|
