National Objectives for Social Work Services in the Criminal Justice System: Standards - Probation
CHAPTER 2: PURPOSES, OBJECTIVES AND PRIORITIES FOR PROBATION ORDERS
Purposes
6.As a disposal of the court, a probation order is intended to serve the following main purposes:
6.1to place obligations on offenders which will include restrictions on their personal freedom as a means of exercising control over them and bringing home to them the unacceptability of their offending behaviour
6.2help offenders to face their responsibilities as citizens and to deal with problems and issues associated with their offending behaviour as a means of preventing or reducing further offending;
6.3to further the social integration of offenders and to assist them to live law abiding lives;
6.4to provide the court with the option of combining this control and help with an opportunity for the offender to make financial amends to the victim and/or undertake work or service of benefit to the victim or the community.
Objectives
7.probation orders are intended to serve the following main objectives;
As a court disposal
7.1to serve as a credible community based disposal which requires the offender to work towards an acknowledgement of responsibility for offending behaviour and seeks to reduce the risk of re-offending by combining supervision and control with help, encouragement, and challenge;
7.2to be used wherever possible and appropriate to extend the community based options available to the court where the current and previous pattern of offending would have placed offenders either at immediate risk of custody or likely to be at such risk in the foreseeable future.
As an instrument of social intervention
7.3to supervise and assist offenders placed on probation by: focusing attention on their offending behaviour, including the factors which precipitate it an on ways of learning the necessary behaviour and skills which would help to reduce and prevent it;
7.4involving the offender in completing an action plan which clearly identifies the issues to be worked on, the resources which will be used, and which sets realistic demands and is achievable;
7.5setting clear expectations regarding the standards of behaviour to be achieved and the way that the conditions of the order will be enforced;
7.6pursuing any non compliance with the requirements of the order in accordance with the standards laid out at paragraph 74-91;
7.7encouraging social responsibility and self respect in the offender, actively and optimistically pursuing the objectives of the order, and offering the offender a positive experience of authority;
7.8sustaining offenders in their efforts to change their behaviour by offering advice, guidance and assistance.
8.To make available services and resources which will assist offenders in the tasks of learning skills and behaviours which will further their reintegration with society.
9.To use wherever possible services and resources which are already available in the community.
10.To work in partnership with local agencies to develop any necessary specialist services.
Priorities for Recommending Probation Orders to the Court
11.Probation combines the elements of control and assistance and should therefore normally only be recommended where there is a need for both. There should also be some evidence that the offender can be motivated to use probation supervision to address problems and issues associated with his/her offending behaviour.
12.In order to achieve a greater use of probation orders where the offender is at risk of custody it is necessary for local authorities in consultation with local courts to consider the following priorities. These considerations should take account of the resources available and distinguish between those offenders requiring a high level or resources, those who can be dealt with by less intensive contact, and those who could be dealt with by an alternative community based disposal
13The two categories of offender to be afforded greatest priority are:
13.1those whose current offending behaviour places them at risk of custody, who have significant underlying problems and who seem likely to re-offend, particularly young adult offenders;
13.2repeat offenders with significant underlying problems whose offending history places them at risk of custody, even if the offence is trivial.
In these instances, consideration must be given to whether a standard probation order or probation with a condition of unpaid work or other requirement can be recommended to the court (see paragraphs 29-46). If the offender has already served a probation order the reasons for re-offending should be examined in the context of the previous probation action plat to see whether a further period of probation would produce more positive results. There should be no assumption that intensive probation should be recommended simply because an order without additional requirements has not prevented a further offence.
14.Where the current offence suggests an immediate risk of custody and a clear risk of re-offending but where there are few underlying problems, or the offender cannot be motivated to address underlying problems, another disposal might be recommended.
15.Some priority should also be given to those offenders whose offending behaviour, if unchecked, will place them at risk of custody in the future.
16In the case of offenders convicted of minor offences and first or early offenders, every consideration should be given to recommending other options e.g. a financial penalty, deferred sentence, or offer of voluntary assistance combined with a nominal penalty, before recommending probation.
17Some 16 and 17 year old offenders appearing before the adult court may respond better to a supervision requirement made by the Children's Hearings than to a probation order, but consideration should be given to recommending in appropriate cases, that the court remits the offender to the Children's Hearings for advice/disposal. Some guidance on the criteria which would guide such recommendations is offered at paragraph 85 of the section on Social Enquiry and Related Reports and Associated Court Services.