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Supervised Sanctions in the Community
From Probation Service
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From Probation Service
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| Authority responsible for taking the judgment or decision mentioned above | Adult or Children Court dealing with criminal business. |
| Legal basis for the judgment or the probation decision* | Probation of Offenders Act, 1907 Sections 2(1), 2(2) and 2(3) |
| Criminal Justice Administration Act, 1914 Sections 8 and 9 | Section 115ff of the Children Act 2001 |
| Definition of this judgment 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 the judgment 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/she observes the conditions of his/her recognisance (Probation Order/Bond), report to Court as to his/her behaviour, to assist, advise and befriend the offender and, where necessary, find suitable employment. | |
| Length of supervision | A Probation Order will not exceed three years in duration. |
| (Section 1(1)(ii) Probation of Offenders Act 1907) | |
| Probation measures which can be attached to this sanction | Where probation supervision in the community is designated in a Probation Order additional conditions may apply as outlined below: |
| (a) an obligation for the sentenced person to inform a specific authority of any change of residence or working place; | |
| (b) an obligation not to enter certain localities, places or defined areas in the issuing or executing State; | |
| (c) an obligation containing limitations on leaving the territory of the executing State; | |
| (d) instructions relating to behaviour, residence, education and training, leisure activities, or containing limitations on or modalities of carrying out a professional activity; | |
| (e) an obligation to report at specified times to a specific authority; | |
| (f) an obligation to avoid contact with specific persons; | |
| (g) an obligation 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 a criminal offence; | |
| (h) an obligation to compensate financially for the prejudice caused by the offence and/or an obligation to provide proof of compliance with such an obligation; | |
| (j) an obligation to cooperate with a probation officer or with a representative of a social service having responsibilities in respect of sentenced persons; | |
| (k) an obligation to undergo therapeutic treatment or treatment for addiction. | |
| The Court may include additional conditions that the Court considers reasonable and appropriate in the circumstances of the case and the offender. | |
| Authority responsible for supervision | The Probation Service |
| Authority responsible in case of revocation | A breach or failure to comply with 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 Court makes the final decision in the matter of failure to comply or revocation. The Court may, on finding the failure to comply or revocation proved can sentence afresh on the original charges which had been dealt with by the Probation Order. |
| Legal effects of sanction execution | 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. | |
| On the expiry of the period of the Probation Order and compliance with the conditions included in the Probation Order the matter is fully concluded and closed. |
| Authority responsible for taking the judgment or decision mentioned above | Adult or Children Court dealing with criminal business. |
| Legal basis for the judgment 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. | |
| Section 115 of the Children Act 2001 makes provision for a Community Service Order under section 3 of the Act of 1983 as a community sanction which may be made by a Court on being satisfied that a child of 16 or 17 years of age is guilty of an offence. | |
| Part 5 of the Fines (Payment and Recovery) Act 2014 makes provision for the requirement of an offender in particular to complete a specified number of Community Service under the Act of1983 in lieu of payment of a fine. | |
| (Under Part 5 of the Fines Act 2014 a Community Service Order in lieu of an unpaid fine in the District Court will be for not less than 30 hours and not more than 100 hours). Part 5of the Fines (Payment and Recovery) Act 2014 is not yet commenced (July 2015). | |
| The Criminal Justice (Community Service) (Amendment) Act 2011 obliges a court, before which an offender stands convicted of an offence for which a sentence of up to twelve months imprisonment would be appropriate, to consider imposing the alternative sentence of a community service order. | |
| Definition of this judgment 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 the judgment 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. | |
| Length of supervision | A Community Service must be completed within 12 months. The Court has authority, on application, to extend that period for completion. |
| Probation measures which can be attached to this sanction | Where A Community Service Order made additional conditions may apply as outlined below: |
|---|---|
| (a) an obligation for the sentenced person to inform a specific authority of any change of residence or working place; | |
| (e) an obligation to report at specified times to a specific authority; | |
| (i) an obligation to carry out community service; | |
| (j) an obligation to co-operate with a Probation Officer or with a representative of a social service having responsibilities in respect of sentenced persons; | |
| Authority responsible for supervision | The Probation Service |
| Authority responsible in case of revocation | 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. |
| Legal effects of sanction execution | On the satisfactory completion of the period of Community Service designated in the Community Service Order the matter is fully concluded and closed. The alternative custodial sentence in the Order will not be imposed. Confirmation of the completion of the Community Service Order is provided to the Court in writing by the Probation Service. |
| A Community Service Order follows conviction in Court in respect of a criminal charge and is recorded in the offender’s criminal record. |
| Authority responsible for taking the judgment or decision mentioned above | Adult or Children Court dealing with criminal business. |
| Legal basis for the judgment 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 judgment 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 attach 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. | |
| 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. | |
| Legal conditions of the judgment 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. |
| 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 can be a combination of a custodial penalty and a probation measure in one 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. | |
| Length of supervision | Maximum length of supervision in determined by the maximum custodial sentence provided for in law for the particular offence(s). Specific supervision length is decided by the Judge in Court on the facts of the case, relevant reports where provided, mitigation plea by the defence counsel and any other relevant material evidence or considerations before the court. |
| Probation measures which can be attached to this sanction | Where probation supervision in the community is designated as a condition of an Order additional conditions may apply as outlined below |
| (a) an obligation for the sentenced person to inform a specific authority of any change of residence or working place; | |
| (b) an obligation not to enter certain localities, places or defined areas in the issuing or executing State; | |
| (c) an obligation containing limitations on leaving the territory of the executing State; | |
| (d) instructions relating to behaviour, residence, education and training, leisure activities, or containing limitations on or modalities of carrying out a professional activity; | |
| (e) an obligation to report at specified times to a specific authority; | |
| (f) an obligation to avoid contact with specific persons; | |
| (g) an obligation 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 a criminal offence; | |
| (j) an obligation 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 to undergo therapeutic treatment or treatment for addiction; | |
| The Court may include additional conditions that the Court considers reasonable and appropriate in the circumstances of the case and the offender. | |
| Authority responsible for supervision | The Probation Service |
| Authority responsible in case of revocation | An infringement of a condition of a sentence suspended by a Court is a matter for the sentencing Court. |
| A breach or failure to comply with the conditions of the Order is returned to Court by the Probation Officer under the provisions in the legislation. . The Court makes the final decision in the matter of non compliance. The Court may, on finding the failure to comply or revocation proved impose the suspended sentence or make a different order. | |
| Legal effects of sanction execution | On the expiry of the period of the suspended sentence and compliance with the conditions included the matter is fully concluded and closed. |
| Authority responsible for taking the judgment or decision mentioned above | Adult or Children Court dealing with criminal business. |
| Legal basis for the judgment 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 judgment 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 | |
| "a medical report in writing on the convicted person together with such recommendations (if any) as to medical treatment which the person making the report considers appropriate to the needs, arising because of his being dependent on drugs, of the convicted person." | |
| ’a report in writing as to the vocational and educational circumstances and social background of the convicted person together with such recommendations (if any) as to care which the body or person considers appropriate to the said needs`. | |
| 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. |
| Legal conditions of the judgment or the probation decision | Within the legislation provided the supervision order may contain such of the following conditions as the Court considers appropriate: |
|---|---|
| A condition that the person concerned be placed under the supervision of such body (including a Health Board )or a person as may be named in the Order and during a period specified in the Order, | |
| in case the person concerned is placed under such supervision, a condition requiring such person, at the place at which he normally resides or at any other place as may be specified in the Order and during such period and at such intervals as shall be so specified, to receive visits from and permit visits by an officer of that body or that specified person, a condition requiring such person to undergo medical or other treatment recommended in the report, a condition requiring such person for such treatment to attend or remain in a hospital, clinic or other place specified in the order for a period so specified, a condition requiring the person to attend a specified course of education, instruction or training, being a course which, undergone by such person, would, in the opinion of the Court, improve his vocational opportunities or social circumstances, facilitate his social rehabilitation or reduce the likelihood of his committing a further offence under the Misuse of Drugs Act. | |
| Length of supervision | No minimum or maximum period for a supervision order is provided in the legislation but for an order to be valid a specified period must be included in the order. |
| Probation measures which can be attached to this sanction | Where probation supervision is part of the Order additional conditions may apply as outlined below: |
| an obligation for the sentenced person to inform a specific authority of any change of residence or working place; | |
| instructions relating to behaviour, residence, education and training, leisure activities, or containing limitations on modalities of carrying out a professional activity; | |
| an obligation to report at specified times to a specific authority; | |
| an obligation to co-operate with a probation officer or with a representative of a social service having responsibilities in respect of sentenced persons; | |
| an obligation to undergo therapeutic treatment or treatment for addiction. | |
| The Court may include additional conditions that the Court considers reasonable and appropriate in the circumstances of the case and the offender. | |
| Authority responsible for supervision | The Probation Service |
| Authority responsible in case of revocation | 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. |
| 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). |
| 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. | |
| Legal effects of sanction execution | On the expiry of the period of the suspended sentence and satisfactory compliance with the conditions included the matter is fully concluded and closed. It is included in the person’s criminal record. |
| Authority responsible for taking the judgment or decision mentioned above | The Minister for Justice and Equality |
| Legal basis for the judgment or the probation decision* | The Criminal Justice Act, 1960 as amended by the Criminal Justice (Temporary Release of Prisoners) Act, 2003 |
| Definition of this judgment or the probation decision | The Minister for Justice and Equality may direct that a person who is serving a custodial sentence shall be released from prison for a temporary period subject to certain conditions (which may include Probation Service supervision) which are specified in the direction. |
| Legal conditions of the judgment or the probation decision | An offender may be given temporary release from prison for the purpose of: |
| assessing his ability to reintegrate into society | |
| preparing him for release at the end of his sentence | |
| assisting the Garda Síochána (Irish police)in the prevention, detection or investigation of offences | |
| assisting the Garda Síochána to apprehend a person guilty of an offence or suspected of committing an offence | |
| An offender may be given temporary release from prison if in the opinion of the Minister it is justified on grounds of health or for humanitarian reasons. | |
| An offender may be given temporary release from prison if the Minister is of the opinion that it is necessary to: | |
| ensure the good governance of the prison | |
| maintain good order in the prison | |
| maintain humane and just management of the prison | |
| An offender may be given temporary release from prison if the Minister is of the opinion that the prisoner has been rehabilitated and would reintegrate into society | |
| In making a direction granting temporary release the Minister must take into account: | |
| the nature and gravity of the offence | |
| the sentence imposed by the Court and any conditions attaching | |
| the period already served by the prisoner | |
| the potential threat to the safety and security of the public and or the victim of the offence | |
| previous convictions | |
| the risk of absconding | |
| the conduct of the prisoner which in custody or while previously on temporary release | |
| any reports from the Garda Síochána, the prison Governor, a Probation Officer or any person assisting the Minister | |
| the risk of further offences | |
| the risk of non-compliance with conditions imposed | |
| the likelihood of temporary release assisting the prisoner's reintegration or employment | |
| The Minister shall not make a direction granting temporary release if: | |
| the prisoner is remanded in custody to appear at a future sitting of a Court | |
| the release of the person is prohibited by any other legal provision one of the considerations above mean it would be inappropriate to do so. | |
| Length of supervision | The period of supervision is as determined by the decision and order of the Minister for Justice and Equality. |
| Probation measures which can be attached to this sanction | Where probation supervision in the community is designated as a condition of a Temporary Release Order additional conditions may apply as outlined below: |
| an obligation for the sentenced person to inform a specific authority of any change of residence or working place; | |
| an obligation not to enter certain localities, places or defined areas in the issuing or executing State; | |
| an obligation containing limitations on leaving the territory of the executing State; | |
| instructions relating to behaviour, residence, education and training, leisure activities, or containing limitations on or modalities of carrying out a professional activity; | |
| an obligation to report at specified times to a specific authority; | |
| an obligation to avoid contact with specific persons; | |
| an obligation 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 a criminal offence; | |
| an obligation to carry out community service; | |
| an obligation to cooperate with a probation officer or with a representative of a social service having responsibilities in respect of sentenced persons; | |
| an obligation to undergo therapeutic treatment or treatment for addiction. | |
| Authority responsible for supervision | The Probation Service |
| Authority responsible in case of revocation | Minister for Justice and Equality and the Governor of the prison from which the person was released. |
| Legal effects of sanction execution | On the expiry of the period of temporary release and satisfactory compliance with the conditions included a further period of temporary release may be considered. A period of temporary release concludes on the expiration of the custodial sentence if the person is subject to a temporary release order at that time. |
| Authority responsible for taking the judgment or decision mentioned above | Adult or Children Court dealing with criminal business. |
| Legal basis for the judgment or the probation decision* | Part 5 of the Sex Offenders Act 2001 |
| Definition of this judgment or the probation decision | A Court that is imposing a custodial sentence on a person convicted of a scheduled sexual offence (see schedule details below) is obliged to consider whether or not to impose a sentence involving post-release supervision. |
| 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. | |
| Post release supervision is provided by the Probation Service in the community after the person has completed their custodial sentence as part of the sentencing order. | |
| The schedule of the Sex Offenders Act 2001comprises: | |
| ‘Sexual Offences for Purposes of Act | |
| Rape. | |
| Sexual assault (whether the offence of which the person was convicted was known by that name or by the name ‘‘Indecent assault upon a female person’’ or ‘‘Indecent assault upon a male person’’). | |
| Aggravated sexual assault (within the meaning of section 3 of the Act of 1990). | |
| Rape under section 4 of the Act of 1990. | |
| An offence under section 1 of the Act of 1908 (incest by males). | |
| An offence under section 2 of the Act of 1908 (incest by females of or over 17 years of age). | |
| An offence under section 1 of the Act of 1935 (defilement of girl under 15 years of age). | |
| An offence under section 2 of the Act of 1935 (defilement of girl between 15 and 17 years of age). | |
| The offence of buggery with a person or with an animal referred to in section 61 of the Act of 1861. | |
| The offence of an attempt to commit such buggery referred to in section 62 of the Act of 1861. | |
| An offence under section 3 of the Act of 1993 (buggery of persons under 17 years of age). | |
| An offence under section 4 of the Act of 1993 (gross indecency with males under 17 years of age) | |
| An offence under section 11 of the Criminal Law Amendment Act, 1885 (acts of gross indecency). | |
| An offence under section 5 of the Act of 1993 (protection of mentally impaired persons). | |
| An offence under section 4 of the Act of 1935 (defilement of mentally impaired females). | |
| An offence under any of the following provisions of the Child Trafficking and Pornography Act, 1998 | |
| (a) section 3 (child trafficking and taking, etc., child for sexual exploitation), | |
| (b) section 4 (allowing child to be used for child pornography), | |
| (c) section 5 (producing, distributing, etc., child pornography), | |
| (d) section 6 (possession of child pornography). | |
| An offence under section 2 of the Sexual Offences (Jurisdiction) Act, 1996 (sexual offences committed outside the State). | |
| An offence consisting of attempting to commit an offence referred to in any of paragraphs 1 to 17 of this Schedule (other than such an offence that itself consists of an attempt to do a particular act). | |
| An offence consisting of aiding, abetting, counselling, procuring or inciting the commission of an offence referred to in any of paragraphs 1 to 18 of this Schedule | |
| An offence consisting of conspiracy to commit an offence referred to in any foregoing paragraph of this Schedule.’ | |
| Legal conditions of the judgement or the probation decision | 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: | |
| (a) the effect of the sentence | |
| (b) the consequences for a breach of compliance | |
| (c) that the Court may vary or discharge any of the conditions on the application of either the offender or a Probation Officer. | |
| Length of supervision | The combined periods of custody and supervision 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. |
| Probation measures which can be attached to this sanction | Where probation supervision in the community is designated as a condition of an Order additional conditions may apply as outlined below: |
| (a) an obligation for the sentenced person to inform a specific authority of any change of residence or working place; | |
| (b) an obligation not to enter certain localities, places or defined areas in the issuing or executing State; | |
| (c) an obligation containing limitations on leaving the territory of the executing State; | |
| (d) instructions relating to behaviour, residence, education and training, leisure activities, or containing limitations on or modalities of carrying out a professional activity; | |
| (e) an obligation to report at specified times to a specific authority; | |
| (f) an obligation to avoid contact with specific persons; | |
| (g) an obligation 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 a criminal offence; | |
| (j) an obligation to cooperate with a probation officer or with a representative of a social service having responsibilities in respect of sentenced persons; | |
| (k) an obligation to undergo therapeutic treatment or treatment for addiction. | |
| The Court may include additional conditions that the Court considers reasonable and appropriate in the circumstances of the case and the offender. | |
| Authority responsible for supervision | The Probation Service |
| Authority responsible in case of revocation | An infringement of a condition of a post release supervision order imposed as part of a sentence by a Court is a matter for the sentencing Court. |
| Legal effects of sanction execution | On the expiry of the period of the supervision and satisfactory compliance with the conditions included the matter is fully concluded and closed. It is included in the person’s criminal record. |