Thursday, 30 December 2010

More Questions than Answers

One of the fascinating aspects of blogging is the statistical information provided about readers, such as the time of day, country of origin and type of browser being used. But possibly the most fascinating are the questions or statements that readers feed into search engines and thus subsequently end up viewing this blog. I thought it would be fun to try and answer a few recent ones.   


Bad probation officer
How do I change my probation officer?
As with every field of human endeavour, there are good and bad people everywhere, but in my experience there really are relatively few truely bad probation officers. Of course it depends how 'bad' is defined. I have several clients who have tried for years to get me off their case, but that's because they are dangerous and highly manipulative. Management have so far always taken the view that there are absolutely no valid grounds for a change of officer. Any client can request a change of officer, but there must be valid grounds.

Are probation officers on duty between Christmas and New Year?
Do probation officers make home visits during holidays?
Basically the answer is no. Probation is pretty much a Monday to Friday 9 to 5 job with normal Bank Holidays. However there is some evening reporting, but generally only one night a week. Programmes are often run in the evening and weekends and some tutors are PO's, but most are PSO's. This year offices will have closed about 4.00pm on Christmas Eve and re-opened on 29th December because Christmas Day and Boxing Day fell on Saturday and Sunday respectively. Offices will be closed on Monday 3rd January in lieu of New Years Day falling on a Saturday. However probation staff are always on duty 24/7 in hostels and the duty manager is almost invariably either a PO or SPO. Much Community Service is undertaken at weekends, however virtually all supervision of this is undertaken by PSO's. There is always a duty Assistant Chief Officer on call 24/7 in case of a serious incident or need for emergency recall. 

Does prison time rehabilitate?
Basically there is no short answer to this as there are so many variables. It will depend on factors such as the attitude of the prisoner, the length of the sentence, the quality of the prison regime and the environmental factors back in the community when the prisoner is released. One of the stated aims of the Prison Service is rehabilitation. 

Historical background of probation world
Probation has a long and distinguished history both in this country and others. In the UK we celebrated our 100th birthday in 2007, which was the anniversary of the passing of the Probation of Offenders Act 1907 that basically set up the bones of the service we have today. 

Can a Probation officer penalise me for not completing my community service?
Yes probation officers regularly take breach action in relation to failing to complete a Community Service Order without good reason. It's a complete myth that 'people get away with it'. In my experience CS are like the Mounties - they always get their man, even if it takes years.
 
A blog for people on probation?
Sounds like a good idea and an opening just waiting to be filled!
Opposing views on probation
Well this blog is attempting to help redress the sometimes biased opinions expressed in some of the media and by some politicians. I believe there is widespread ignorance about the Probation Service and hopefully blogs such as this might serve to enlighten in addition to stimulating reasoned debate.

Is a pre sentence report a good thing?
Absolutely as this is a key document prepared independently of the prosecution and defence and read directly by the sentencing judge or magistrates. It aims to explain the circumstances of the offence, the history and background of the offender, together with constructive suggestions for a disposal that will both address punishment and rehabilitation.  

Who regulates probation officers?
As with all public servants there is a comprehensive code of practice and system in place for investigating staff of all grades. In addition, all actions by staff are accountable ultimately to the Minister of Justice and there is an independent Probation Ombudsman and HM Inspector of Probation.

Probation home visits
Home visits are not conducted as frequently as in the past, but every licence and community order has a requirement that home visits must be received. They are mostly undertaken in high risk cases or in order to check an address for a Curfew Order, as a release address for Parole or ROTL, Release on Temporary Licence. 

How do I lie to my probation officer?
An easy one - just go ahead! You certainly won't be the first or last - but you have to ask yourself what the purpose in lying is? Generally speaking PO's are there to be part of the solution not the problem and they can be most effective if they have the whole picture. They are also pretty good at spotting if something doesn't add up or just sounds unlikely. In reality the problem is that often clients tend to be rather too honest if anything.
 
How many probation officers hurt on the job?
A good question and I don't know. My gut feeling is very few indeed despite the hairy situations and people we are often involved with.

Will I be able to clear my criminal record after my probation?
In the past a probation order was not a sentence, but rather an alternative to a sentence in respect of a criminal act and therefore viewed in a rather more sympathetic light. Unfortunately it has been a sentence in its own right for some time now and the offence, together with the disposal are subject to the terms of the Rehabilitation of Offenders Act 1974. Basically this allows for certain offences to be regarded as 'spent' after varying periods of time. However serious offences can never be dealt with in this way. Unfortunately the situation is further complicated by the disclosure terms relating to the Criminal Record Bureau system of checks in relation to certain jobs. Basically for certain types of employment involving children or vulnerable people, no convictions are regarded as spent. There is widespread concern about the situation and change is likely in the near future.
How to help somebody on probation stop getting into criminal activity?
A damn good question and a lot of probation officers would like to know the answer. It obviously varies from individual to individual, together with the persons situation. Homelessness, unemployment and drug and alcohol issues all play a part, to name but a few. It is a huge subject that continues to tax academics, politicians and professionals alike.
Can people on probation have facebook?
Generally speaking yes, however there will always be issues of appropriate computer usage by sex offenders and other high risk offenders. Indeed some people may be the subject of Court Orders or Licence conditions that prohibit computer or internet usage.

When do you have the mental capacity to identify what is right?
A tricky one this. In the UK the age of Criminal Responsibility is set at age 10, but it is higher in other countries. Clearly the age of maturity will vary from individual to individual and this is one of the reasons why there have been moves to raise the age in this country.
What would prevent anyone being able to leave a country?
Over the years I've been asked fairly frequently if someone on a licence or probation order can leave the country for a holiday. In years past a PO could give authority if they felt it appropriate, but this discretion was removed round about the time National Standards were introduced. The straight answer to the question is therefore no, but if I felt it appropriate I've made the point that the government stopped recording people who left our borders some time ago. As long as they didn't appear on the front page of the Sun it would be ok, but I could not give explicit authority. It was a very stupid thing to remove the tracking of people on the way out, but I believe this is due to change shortly.   

32 comments:

  1. What's the difference in terms of supervision between someone on a CSO, SSO, released early on license from a determinate sentence and a someone released on license on a life sentence?

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  2. Supervision is basically the same in each case and involves keeping appointments at the probation office plus home visits 'as and when reasonably required'. Engagement is also required - turning up and refusing to speak for instance would be grounds for breach. I've never come across that though.

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  3. What about Drug Treatment Orders, do they work? I've heard that they have a very high failure rate.

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  4. Drug Treatment and Testing Orders (DTTO) have been phased out and replaced with Drug Rehabilitation Requirement conditions as part of a Community Order. They involve the same principles of treatment, testing and regular court review and are are sound in my view but I don't know the failure rate and to be honest any figures ought to be treated with care for the usual reasons.

    I suspect there is a significant failure rate but that should not be surprising given that we simply don't have a drug usage and treatment policy that works either.

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  5. My understanding is that although you cannot 'get off' any more using the presumption that if you are under 14 you don't understand right from wrong when you genuinely do, if you genuinely don't understand then you can still use doli incapax so I guess the answer is whenever you do understand between ten and 14 or over 14. Does that sound about right?

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  6. I have to say I had never heard of the concept of doli incapax - but wikipedia tells me the Crime and Disorder Act of 1998 abolished it. I guess the new Capacity Act might have a bearing on ability to understand, but it's one for the lawyers I feel.

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  7. claire_71@hotmail.co.uk9 January 2011 at 15:50

    I am registered disabled, I have Asperger's / High Function Autism Spectrum, Diabetes, PCOS with Hirsutism, Ataxia, and dyspraxia, chronic depression, and low self esteem along side physical aliments... A re-constructed right hip, which repeatedly fractures (with pins and plates, built for a 11.5st woman) due to PCOS and extreme weight gain (I am over 18 stone). I have a compromised immune system as I am on daily antibiotics with failing kidneys, bowel complaints with continence issues. I find it very painful to walk any distance and cannot use sticks or frames as I cannot hold things very well and I fall often. In the past the walking sticks or crutches have caused more damage to other areas of my body and it has been recommended that I use the support of another person or a wall rather than relying on a stick that may or may not be placed correctly. Now due to my weight my other joints are showing signs of compensation damage and arthritis. I am also agoraphobic.

    My Husband is my full time carer, yet my Offender Manager is deliberately claiming he will cure me before my 12-month supervision order is over?

    My Offender Manager has lied and told my husband he cannot attend with me, yet the pre-sentence report says my husband can and my Dr insists he does. Even wrote a statement to that effect…. Which the OM quoted as AMBIGUOUS?

    How can I approach the offender manager about the distress and harm he is causing me?

    My barrister was horrified, as the PO called the court and demanded a hearing without notice to amend my sentence... I only found the evening before I was expected to attend 09.30hrs, less than 12 hours notice to be 50 miles from my home.

    He lied to the court in his statement, belittled DR's and Consultants statements he had requested and made it appear as thou he did not believe I am disabled.

    I do not trust him and would prefer NOT to see him again. I have promptly responded and made ALL my appointments, but he has tried repeatedly to change/alter these or he has not been there (taken the day off), his colleagues have covered for him but he is getting ruder and more belligerent about his curing me.

    I do not want to fail or be in breach to give him any right to have me sent to prison.

    As an Aspie, my days are planned in detail and changes in routines are a huge challenge.

    Any advice would be helpful

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  8. Claire - many thanks for contacting me. Obviously I don't know anything about your case beyond what you have told me and I feel it would be best if you don't disclose any more publicly.

    You are clearly very concerned and my suggestion is that you write a letter requesting a meeting with your Offender Manager, together with the Team Manager, so that the situation can be clarified.

    Hope this helps,

    Jim

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  9. Hi Jim,
    I am currently on a supervision order of 18months, now my P.O. wants to have access to my medical records. She does not know who or what DR. I am registered with do I have to give my consent for my confidential records to be released? Also if I fail to disclose the information of my doctors practice can they go ahead and get it anyway?

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  10. Gary - Well over the years I've had reason to want to speak to a clients GP, but that is always with their permission and that has to be given in writing. I don't think a Doctor would ever agree to talk to a probation officer without sight of a signed consent form. In my experience the only reason for wanting contact with a GP is in order to try and help in some way, or possibly to clarify if someone is prevented from doing a particular type of Unpaid Work or reporting due to illness etc. I hope that helps.

    Jim

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  11. Hi Jim,
    Last month I went to court for leaving the scene of an accident. The judge gave me $470 in fines, I have to attend a traffic safety class, and 4 months probation where I have to be in school in the military or have a job. The deadline for this is coming up and have none of the 3. I would really like to avoid going into the military and my probation officer has yet to call me back. What are some possibilities of what might happen to me?

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  12. Alyssia - A very interesting question, but you are obviously not in the UK and things are a bit different where you are. However, my bit of advice is to contact the probation officer as soon as possible and discuss things with them. In my experience it is invariably worse to do nothing and 'put your head in the sand'.

    Thanks,

    Jim

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  13. A friend is on a two year supervision order. She has to travel miles every week to sign something and the probation officer barely speaks to her. Will the appointments be weekly for the next two years?

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  14. This is always sad to hear, but not that unusual unfortunately. Obviously I don't know the details, but if there are no particular problems, weekly reporting may only last for 16 weeks. But she needs to ask about that. I assume travel costs are being paid by the probation service for the return journey.

    An order need not run the full term if there is good progress, no problems and no re-offending. The officer can apply to the court for Early Discharge. However, there may well be problems that need discussing and your friend might do well to try and engage the officer in conversation!

    Hope that helps,

    Jim

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  15. Thanks very much that is very helpful- no one mentioned the return fares being paid!

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  16. Me And My Friend Stole From a place , and i have no more probation but my friend has a no contact thingy so we cant talk on the phone cuz they keep track of her records .. but she can talk tu me over Facebook and Texting .. I Think its bullshit ., can they do that ?

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  17. Well I'm not sure what the reason for preventing contact is. It might be a bail condition in relation to further offences, in which case any contact would be a breach. It could possibly be to do with an ASBO, but I've not come across it. It might be connected to a Licence condition? I'm sorry I can't be more help but you would be wise to ask your solicitor I think.

    Jim

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  18. maybe because She already has a record ?

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  19. Can my Offender Manager demand I do something that will cause me harm, and how can I get him to stop asking me to do something not in my supervision order?

    I am disabled and require assistance outside the home, but my offender manager will not let me have my carer or advocate with me. Dispite my sentencing report agreeing to their attendence.

    Kind regards

    Claire

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  20. Claire,

    Sadly it sounds as if there are some problems between yourself and your offender manager that need dealing with. If you are unable to resolve them in discussion, I would suggest writing a letter to their manager requesting either a meeting with them, or a threeway meeting. If you remain unhappy after that, you can either write to the Assistant Chief officer, or request details of the official complaint procedure.

    Hope it all works out for you.

    Cheers,

    Jim

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  21. Dear Jim

    My understanding of someone being on Licence is to intergrate them back into society and keep the public at large safe.

    My personal problem relates to a relative who is on licence and for whom I am the only support. The problem lies with the fact that my relative was placed into an area where they know no-one and that is miles from my home. This has caused for my relative to feel isolated, insecure and very unhappy. (There are health issues). The Probation Officer was approached and a request was made to allow for my relative to relocate to be nearer me. The response was simply "No".

    I feel frustrated as I cannot fully support my relative and this therefore puts them at a greater risk of failure (which has been demonstrated through recalls). My relative is currently back at HMP but is due for consideration again for release on licence. What can we do to try and get them located to a more suitable location?

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    1. Thanks for your question. It's always difficult to discuss a case without full knowledge and this would obviously be unwise on a public medium like this. However, I'll have a stab.

      I'm guessing your relative might have been deliberately placed somewhere away from where offences might have been committed, and possibly in a hostel. My suggestion is for you and your relative to request a meeting with the Probation Officer in order to discuss constructive resettlement plans.

      Be prepared for your relative to decline the suggestion though - they may have reasons why they do not want those close to them to know rather more than they might at present. Also, there may be reasons why the PO feels that your involvement might not be helpful.

      Hope this helps,

      Jim Brown

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    2. Dear Jim

      Many thanks for your response.

      I understand that it is hard to answer questions without giving too much info. I do know the full extent of my relatives reasons for imprisonment - and we hadn't thought that it was worth asking for a meeting with the PO. So I think that this will be our next course of action.

      Thank you very much for taking the time to respond.

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  22. Hi,
    I have been given a community service order of 240 hrs, up until now my travel costs were being refunded back to me as I have to travel 12 miles on a bus with 2 young children in total there and back. They have now informed me that I can no longer claim the travel fare back, is this right? as there is no way of our family affording the £40 a month costs. Thanks in advance.

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    1. Sorry for the delay in responding, but I've been trying to make enquiries and it seems policies on reimbursing travel costs differ between different CRC's. I'll bring the matter up on the blog and see what reaction we get. I suggest you write to your Probation CRC explaining you cannot afford the bus fares and in the end it may mean going back to court because the order is unworkable. Thanks for commenting and let us know what happens.

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  23. I am quite seriously disabled and can only get out of the house on some days. I have a mobility car BUT I cannot fold myself into it. My doctor knows this. I may be having an assesment in a few weeks. Do I explain this to the court or to the probation service? I have a letter from my GP confirming these facts.

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    1. It sounds like a PSR is being prepared by the Probation Service so explain everything to the officer when you meet them and show them the GP's letter.

      Cheers,

      Jim

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  24. What is the best course of action if i am ill and will be
    unlikely to be able to perform the unpaid work in the near future?

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  25. See the doctor and get in touch with Unpaid Work as soon as possible.

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  26. I am an a-level student studying health and social care and am wondering what is the pension for a probation officer and what age does this usually come under?

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  27. TRAVEL EXPENSES:-
    Hi, please could you advise,
    I'm under license,have to visit probation office which is 9 miles + each way,can't travel by public transport,as suffer from extreme anxiety !!, Also I'm on ESA ,DISABILITY ALLOWANCE,and PIP,my question is are they obliged to pay travel expenses?? I have my own car,went yesterday to probation office,I was told "we don't give cash",and "only give out bus tokens", "we don't pay for parking car either' basically they presume offenders have no cars,and we all use buses,I told probation of my illnesses,as my previous probation officer made home visits,I am told this will all stop ? By new prob officer,told I can only have bus tokens ?? Told I can use them on my next visit ???, are they allowed to just give bus tokens ?? Aren't they meant to have petty cash,as tokens are useless to me,I go to hospital appointments and get reimbursed for petrol and parking.
    Hope you can shine a light on my concerns.
    Regards jav.

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  28. Hi, my partner was ordered 80 hours of community payback, but we have a holiday planned in less than 2 weeks. Can the payback be postponed till September?

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