In this regard, Member States are asked to make a separated table for each judgement and each probation decision, entering into the scope of the Framework Decision and indicate for each one the following information.
Name of the judgement or the probation decision |
Partially suspended sentence |
Classification of this judgement or the probation decision |
Suspended sentence |
Legal basis of this judgement or the probation decision |
Section 99 (Power to suspend sentence) of the Criminal Justice Act 2006 as amended by section 60 of the Criminal Justice Act 2007 and section 51 of the Criminal Justice (Miscellaneous Provisions) Act 2009 |
Definition of this judgement or the probation decision |
A partially suspended sentence means the sentencing court makes an order suspending the execution of the sentence of imprisonment in part, subject to the person entering into a recognisance (Bond) to comply with the conditions of, or imposed in relation to, the Order. Two mandatory conditions are attached to the order - the person must keep the peace and be of good behaviour during the period of imprisonment and the period of the suspended sentence concerned. The court has wide discretion to impose other conditions. If a person is convicted of another offence (committed after the making of the order) or breaches the conditions of the order during the period the order is in force the order may be revoked and the court may require the person to serve all of the sentence originally imposed or such part of the sentence as the court considers just in all the circumstances less any period of the sentence already served in prison and any period spent in custody pending the revocation of the Order. |
Legal Conditions of this judgement or the probation decision |
A person must be sentenced to a term of imprisonment (other than a mandatory term of imprisonment) for an offence. The person must enter a recognisance (bond) to comply with the conditions of, or imposed in relation to, the Order. Signing by the offender of the recognisance is an acknowledgement of their consent to the making of the Order and application of the conditions attached. |
Type of probation measures |
Where probation supervision in the community is designated by a Court as a condition of an Order the types of measures may include: |
Combination of sanctions or measures |
It is a matter for the discretion of the Court under the Criminal Justice Act, 2006 to fully or part suspend a custodial sentence. A part suspended sentence with supervision thereby can be a combination of a custodial penalty and a probation measure in one Order. |
Authority responsible for taking such a decision |
All Court dealing with criminal proceedings. Each Court is the decision maker in matters properly set before it. |
Authority responsible for supervising |
Where probation supervision in the community is designated as a condition of an Order part suspending a custodial sentence the Probation Service has responsibility for that supervision. The Probation Service is an agency within the Department of Justice and Law Reform. It provides the assessment and management of offenders in the community. Operating on a national basis and organised regionally services are delivered locally, often in conjunction with local communities and community based groups. The aim of the Probation Service is to increase public safety by the effective management of offenders, by challenging offending behaviour and facilitating the integration of ex-offenders in their communities. The Probation Service prepares pre-sanction reports for the Courts to assist judges in determining appropriate sentences and prepares reports for the Parole Board. Probation Officers also work in Prisons and to address offending and related issues and to assist in the settlement, in their community, of prisoners on release. At any one time, the Probation Service is supervising, in the community, approximately 8,500 offenders. The Probation Service works closely with offenders, their families, the Court Service, the Prison Service, the Garda Síochána and community organisations and interests. |
Authority responsible in case of infringement |
An infringement of a condition of a sentence suspended by a Court is a matter for that Court. Where a person is convicted of another offence during the period of suspension (being an offence committed during that period) before determining sentence the court must refer the person to the original sentencing court to deal with the question of whether the order imposing the partially suspended sentence should be revoked. In the case of any other infringement if is for one of the following to take action : Depending on when the infringement occurs (eg during the period of imprisonment or partial suspension) and on the nature of the infringement any of the above may apply to the court to fix a date for the hearing of the application for an Order revoking the partially suspended sentence order where he or she has reasonable grounds for believing that a person to whom such an Order applies has contravened a condition of the Order. |
Name of the judgement or the probation decision |
Wholly suspended sentence |
Classification of this judgement or the probation decision |
Suspended sentence |
Legal basis of this judgement or the probation decision |
Section 99 (Power to suspend sentence) of the Criminal Justice Act 2006 as amended by section 60 of the Criminal Justice Act 2007 and section 51 of the Criminal Justice (Miscellaneous Provisions) Act 2009 |
Definition of this judgement or the probation decision |
A suspended sentence means the sentencing court makes an order suspending the execution of the sentence of imprisonment in full, subject to the person entering into a recognisance (bond)to comply with the conditions of, or imposed in relation to, the Order. Two mandatory conditions attach to the Order - the person must keep the peace and be of good behaviour during the period of suspension of the sentence concerned. The court has wide discretion to impose other conditions. If a person is convicted of another offence (after the making of the Order) or breaches the conditions of the order during the period the order is in force the order may be revoked and the court may require the person to serve all of the sentence originally imposed or such part of the sentence as the court considers just in all the circumstances less any period spent in custody pending the revocation of the order. |
Legal Conditions of this judgement or the probation decision |
A person must be sentenced to a term of imprisonment (other than a mandatory term of imprisonment) for an offence. The person must enter into a recognisance (bond) to comply with the conditions of, or imposed in relation to, the Order. |
Type of probation measures |
Where probation supervision in the community is designated by a Court as a condition of an Order the types of measures may include: |
Combination of sanctions or measures |
It is a matter for the discretion of the Court under the Criminal Justice Act, 2006 to fully or part suspend a custodial sentence. A part suspended sentence with supervision thereby can be a combination of a custodial penalty and a probation measure in one Order. |
Authority responsible for taking such a decision |
All Court dealing with criminal proceedings. Each Court is the decision maker in matters properly set before it. |
Authority responsible for supervising |
Where probation supervision in the community is designated as a condition of an Order part suspending a custodial sentence the Probation Service has responsibility for that supervision. The Probation Service is an agency within the Department of Justice and Law Reform. It provides the assessment and management of offenders in the community. Operating on a national basis and organised regionally services are delivered locally, often in conjunction with local communities and community based groups. The aim of the Probation Service is to increase public safety by the effective management of offenders, by challenging offending behaviour and facilitating the integration of ex-offenders in their communities. The Probation Service prepares pre-sanction reports for the Courts to assist judges in determining appropriate sentences and prepares reports for the Parole Board. Probation Officers also work in Prisons and to address offending and related issues and to assist in the settlement, in their community, of prisoners on release. At any one time, the Probation Service is supervising, in the community, approximately 8,500 offenders. The Probation Service works closely with offenders, their families, the Court Service, the Prison Service, the Garda Síochána and community organisations and interests. |
Authority responsible in case of infringement |
An infringement of a condition of a sentence suspended by a Court is a matter for that Court. Where a person is convicted of another offence during the period of suspension (being an offence committed during that period) before determining sentence the court must refer the person to the original sentencing court to deal with the question of whether the order imposing the partially suspended sentence should be revoked. In the case of any other infringement if is for one of the following to take action : Depending on the nature of the infringement either of the above may apply to the court to fix a date for the hearing of the application for an order revoking the suspended sentence order where he or she has reasonable grounds for believing that a person to whom such an order applies has contravened a condition of the order. |
Name of the judgement or the probation decision |
Community Service Order |
Classification of this judgement or the probation decision |
Alternative sanction |
Legal basis of this judgement or the probation decision |
Criminal Justice (Community Service) Act 1983 Children Act 2001 Fines Act 2010 |
Definition of this judgement or the probation decision |
The Criminal Justice (Community Service) Act, 1983 provides for Courts to order the performance of between 40 and 240 hours of unpaid work in the community by a person aged 16 years or over, who has been convicted of an offence, for which the appropriate penalty would be a custodial sentence. The work to be performed under a community service order shall be performed in the period of one year beginning on the date of the Order. (Under section 18 (c)(2) of the Fines Act 2010 a Community Service Order in specified circumstances will be for not less than 30 hours and not greater than 100 hours). |
Legal Conditions of this judgement or the probation decision |
Section 4 of the Criminal Justice (Community Service) Act, 1983 requires that a Court shall not make a community service order unless the following conditions have been complied with (a) the Court is satisfied, after considering the offender's circumstances and a report about him by a Probation Officer (including, if the Court thinks it necessary, hearing evidence from such an Officer), that the offender is a suitable person to perform work under such an order and that arrangements can be made for him to perform such work, and (b) the offender has consented. Before making a community service order in respect of an offender the Court is obliged to explain to him the effect of the order and, in particular, to comply with direction of the Probation Officer in the requirements under Section 7 of the Act, the consequences which may follow if he fails to comply with any of the requirements and that the District Court may review the order on the application of either the offender or Probation Service. |
Type of probation measures |
4 1 (a) an obligation for the sentenced person to inform a specific authority of any change of residence or working place; |
Combination of sanctions or measures |
No provision for combination of sanctions or measures in Irish law in relation to Community Service. |
Authority responsible for taking such a decision |
The Judge in Court determines the duration of the Community Service Order and specifies the alternative custodial sentence that would apply in the matter of the conviction if the Community Service Order had not been made and to apply in default. |
Authority responsible for supervising |
The Probation Service in each Court area is the designated body for the completion of assessments of suitability for Community Service, supervision of the completion of the Orders by the offenders and the return and reporting to Court of offenders who have not complied with the requirements of the Act. |
Authority responsible in case of infringement |
The Court (District, Circuit or other sitting in criminal business) in which the original Community Service Order was made has responsibility for decision in any application by the Probation Service or the offender to vary, amend or revoke a Community Service Order as provided for in Section 11 in the matter of infringements. |
Name of the judgement or the probation decision |
Supervision Order under the Misuse of Drugs Act 1977 |
Classification of this judgement or the probation decision |
Alternative sanction |
Legal basis of this judgement or the probation decision |
Misuse of Drugs Act 1977 (with subsequent amendments) is the legislative instrument dealing with matters in relation to the misuse of drugs including the provision of reports on offenders to Courts as well as supervision and treatment options. |
Definition of this judgement or the probation decision |
Prior to making a Supervision Order under the Misuse of Drugs Act Courts, in normal circumstances, seek and consider medical and social back round reports on convicted persons (Section 28(1) A&B)). In practice, the provision of all social back round reports and supervision orders in the community has been managed by the Probation Service. Reports : The medical and social back round reports requested are defined as : Supervision : Section 28(2) of the Misuse of Drugs Act 1977 (as amended) outlines the details of a supervision order which the Court shall, if in it's opinion the welfare of the convicted person warrants its so doing, allow a convicted person enter in lieu of the imposition of any other penalty. The supervision order may contain such of the following conditions as the Court considers appropriate : Consent : There is no provision in Irish criminal law for treatment without consent. In practice, consent is always required where a person, in the conditions of a recognizance, will be required to undergo a course of treatment. |
Legal Conditions of this judgement or the probation decision |
All reports and supervision orders provided for under the Misuse of Drugs Act 1977 (as amended) are established specifically to deal with matters arising under the Misuse of Drugs Act 1977 (as amended) and have no application to offences under any other legislation. The form of the Supervision Order and related Court procedures and requirements are as laid down in Order 32 of the District Court Rules 1997 . Schedule B: Forms in criminal proceedings 32 |
Type of probation measures |
4.1 (a) an obligation for the sentenced person to inform a specific authority of any change of residence or working place; |
Combination of sanctions or measures |
No provision for combination of sanctions or measures in Irish law. |
Authority responsible for taking such a decision |
The Judge in the matter in Court determines whether reports are to be considered in respect of a convicted person and if, and subject to what conditions, a supervision or other order under Section 28(2) of the Misuse of Drugs Act 1977 (as amended) may be made. |
Authority responsible for supervising |
TheProbation Service in each Court area is the established body for the completion, in practice, of social background reports and supervision of Orders made under Section 28(2) of the Misuse of Drugs Act 1977 (as amended), the satisfactory completion of the Orders by the offenders and the return and reporting to Court of offenders who have not complied with the requirements of the Act. |
Authority responsible in case of infringement |
The Probation Service has responsibility for the return to Court of offenders who have not complied with the requirements of a supervision order made under Section 28(2) of the Misuse of Drugs Act 1977 (as amended). Section 28 (5) details procedure for breach of recognisance/supervision orders under Section 28 (2). The Court, where it is alleged to it that a person has been in breach of a recognisance entered into under Section 28(2), has the authority, notwithstanding its decision to permit entry of the supervision order, by the convicted person, to direct that the person be brought before the Court. If the Court is satisfied that the person is in breach of the conditions the recognisance/supervision order may be revoked and the Court may, subject to Section 28(8), make an order for compulsory residential treatment (Section 28(2)B) or impose a penalty as laid down by Section 27 for the substantive offence. |
Name of the judgement or the probation decision |
Probation Order |
Classification of this judgement or the probation decision |
Alternative sanction |
Legal basis of this judgement or the probation decision |
Probation of Offenders Act, 1907 Criminal Justice Administration Act, 1914 District Court Rules Order 1997 |
Definition of this judgement or the probation decision |
In the District Court the Court may, having found the facts proved but not proceeding to a finding of guilt, make a Probation Order placing an offender under the supervision of a Probation Officer for a specified period of up to three years. A Probation Order is not a recorded conviction. Probation Orders made in the Circuit and Higher Courts under the Probation of Offenders Act 1907 are recorded convictions. Conditions in an Order include: to be of good behaviour, appear before Court as required for conviction and sentence, to be under supervision of a Probation Officer, co-operate with supervision, report changes of address or employment, do not associate with thieves and other undesirable persons and do lead an honest and industrious life. Specific conditions may be added to the recognisance such as remaining sober, avoiding specified company or locations, obliging residence in a specified location or participation in a specified course. |
Legal Conditions of this judgement or the probation decision |
The offender consents and signs a recognisance (Bond) in Court binding them to comply with the conditions outlined in the Probation Order. The Court is required to provide the offender with a notice in writing stating, in simple terms, the conditions to be observed. The Probation Officer has a duty to visit or receive reports from the person under supervision, see that he observes the conditions of his recognisance (Probation Order/Bond), report to Court as to his behaviour, to assist advise and befriend the offender and, where necessary, find him suitable employment. |
Type of probation measures |
(a) an obligation for the sentenced person to inform a specific authority of any change of residence or working place; |
Combination of sanctions or measures |
No |
Authority responsible for taking such a decision |
These measures can only be imposed by a Judge presiding in Court dealing with a criminal offence. A Court may vary the conditions or the length of the Order on application by the Probation Officer. |
Authority responsible for supervising |
The Probation Service/ The Probation Officer The Probation Service is an agency within the Department of Justice and Law Reform. It provides the assessment and management of offenders in the community. Operating on a national basis and organised regionally services are delivered locally, often in conjunction with local communities and community based groups. The aim of the Probation Service is to increase public safety by the effective management of offenders, by challenging offending behaviour and facilitating the integration of ex-offenders in their communities. The Probation Service prepares pre-sanction reports for the Courts to assist judges in determining appropriate sentences and prepares reports for the Parole Board. Probation Officers also work in Prisons and to address offending and related issues and to assist in the settlement, in their community, of prisoners on release. At any one time, the Probation Service is supervising, in the community, approximately 8,500 offenders. The Probation Service works closely with offenders, their families, the Court Service, the Prison Service, the Garda Síochána and community organisations and interests. |
Authority responsible in case of infringement |
A breach of the conditions of the Probation Order is prosecuted by the Probation Officer by way of an information to the Court which may issue a summons or warrant for arrest to return the offender to Court. The offender can be remanded in custody or on bail. Where the Court is satisfied that the offender has breached the conditions imposed in the Probation Order it may sentence him/her for the original sentence. |
Name of the judgement or the probation decision |
Post Release Supervision Order |
Classification of this judgement or the probation decision |
(a) a custodial sentence or measure involving deprivation of liberty, if a conditional release has been granted on the basis of that judgment or by a subsequent probation decision.. |
Legal basis of this judgement or the probation decision |
Part 5 of the Sex Offenders Act, 2001 |
Definition of this judgement or the probation decision |
A Court that is imposing a custodial sentence on a person convicted of a scheduled sexual offence is obliged to consider whether or not to impose a sentence involving post-release supervision. That is supervision by the Probation Service in the community after the person has completed their custodial sentence as part of the sentencing order. |
Legal Conditions of this judgement or the probation decision |
The sentencing Court is obliged to consider whether or not to impose a custodial sentence involving post-release supervision. In making this determination it must consider the need for the offender's rehabilitation, public protection, and the likelihood of further offences being committed after release. There are constraints on the combined periods of custody and supervision which cannot exceed the maximum custodial sentence provided for by domestic law for the offence committed. Neither can the custodial sentence imposed be reduced to take into account the time spent on supervision if such post release supervision had not been considered. The post release supervision order may be made subject to conditions such as that the offender attend specified 'psychological counselling or other appropriate treatment'. In imposing a sentence involving post release supervision the court is obliged to explain to the offender: |
Type of probation measures |
(a) an obligation for the sentenced person to inform a specific authority of any change of residence or working place; |
Combination of sanctions or measures |
Yes |
Authority responsible for taking such a decision |
These measures can only be imposed by the Court. A Probation Officer may apply to the Court to vary the conditions of the Order or to discharge it. |
Authority responsible for supervising |
The Probation Service is an agency within the Department of Justice and Law Reform. It provides the assessment and management of offenders in the community. Operating on a national basis and organised regionally services are delivered locally, often in conjunction with local communities and community based groups. The aim of the Probation Service is to increase public safety by the effective management of offenders, by challenging offending behaviour and facilitating the integration of ex-offenders in their communities. The Probation Service prepares pre-sanction reports for the Courts to assist judges in determining appropriate sentences and prepares reports for the Parole Board. Probation Officers also work in Prisons and to address offending and related issues and to assist in the settlement, in their community, of prisoners on release. At any one time, the Probation Service is supervising, in the community, approximately 8,500 offenders. The Probation Service works closely with offenders, their families, the Court Service, the Prison Service, the Garda Síochána and community organisations and interests. |
Authority responsible in case of infringement |
The case for a breach of the conditions of a post release supervision order must be taken to the District Court for prosecution. |
In Article 4 of the Framework Decision types of probation measures and alternative sanctions are stated. Member States are asked to describe the probation measures and alternative sanctions attached to those judgements and probation decisions:
General Comment on all the measures provided for in Article 4: Irish law does not provide for an exhaustive or prescriptive list of measures that can be imposed on a sentenced person. The Probation Service and the Department of Justice and Law Reform are involved in updating probation legislation which dates from 1907 and whose measures are also provided for in a variety of separate pieces of legislation. Much of the information required for this questionnaire will be easier to collate and specify when this is done. There will also be greater clarity as to how the measures imposed as part of a judgement or probation decision are to be implemented in practice.
No
No
No
Part 10 of the Criminal Justice Act, 2006 contains enabling provisions for the introduction of electronic monitoring of persons in respect of their compliance with the restrictions imposed in (a) a Restriction on Movement Order (sections 101 and 102) and (b) a direction for the Temporary Release of prisoners (section 108). Part 10 of the Act was commenced in October 2006, however the enabling provisions for the introduction of electronic monitoring were not commenced.
There is enabling legislation that provides that electronic monitoring can only be applied to a restriction on movement order under section 102 of the Criminal Justice Act 2006 or to a condition restricting the movement of a prisoner on temporary release under section 108(4) of the Act. The offender must give consent to be electronically monitored and the householder or owner of the place where the offender is restricted must consent. The monitoring cannot be longer than 6 months and the person cannot be required to be in one place for longer than 12 hours. However, these provisions are not in operation in Ireland and cannot be applied.
Member States are invited to sum up the documents that the national competent authorities need in order to take at national level a judgement and, where applicable, a probation decision (e.g. criminal record, social inquiries, medical expertise).
The Competent Authority provided for in Article 3 has not yet been designated by the Irish authorities. However, it is likely that at a minimum the national competent authorities would require a fully completed certificate to be accompaniedby :
- proof of identity of the person
- details of medical conditions and special needs/drug treatment reports
- family background in Ireland/home circumstances reports
- details of previous convictions and/or previous breaches of conditions
- details of previous contact with Probation Services
Documentation establishing the legality of the judgement and probation measure or alternative sanction imposed.