Criminal Justice (Mutual Recognition of Probation Judgments and Decisions) Act 2019
|
Provisions applicable in cases of conditional release and suspended sentences | ||
|
25. (1) Without prejudice to the generality of section 24 , where the appropriate court makes an order under section 24 (2) in relation to a judgment and, where applicable, the probation decision relating to a suspended sentence, the order shall specify— | ||
(a) that the suspended sentence corresponds to a suspended sentence under section 99 of the Act of 2006, and | ||
(b) the prison to which the sentenced person is to be committed if the suspension of the sentence is revoked in accordance with section 99(10) or (17) of the Act of 2006. | ||
(2) Without prejudice to the generality of section 24 , where the appropriate court makes an order under section 24 (2) in relation to a judgment and, where applicable, the probation decision relating to a conditional release, the order shall specify— | ||
(a) that the conditional release corresponds to a direction given by the Minister under section 2 of the Act of 1960, and | ||
(b) the place to which the sentenced person shall be taken if he or she is arrested under section 7 of the Act of 1960. | ||
(3) Subject to section 30 , the effect of an order under section 24 (2) in relation to a judgment and, where applicable, the probation decision relating to a suspended sentence or conditional release shall be to authorise the enforcement by the State of the custodial sentence to which the judgment and, where applicable, the probation decision relates in its nature and duration, less the period of the sentence actually served by the sentenced person in the issuing state or elsewhere, with due regard to any remission of sentence accrued in the issuing state if— | ||
(a) the sentenced person fails to comply with a condition of the suspended sentence or conditional release, or | ||
(b) in the case of a suspended sentence, the sentenced person is convicted of an offence in the circumstances specified in section 99(9) of the Act of 2006. |