Wednesday 2 February 2011

More Questions than Answers 3

Here's yet another batch of questions and issues thrown up by people on internet search engines and who eventually end up on this blog. I try to weed out enquires that are clearly relating to jurisdictions other than England and Wales.  I have no knowledge as to how probation might operate in other countries, including Scotland and Northern Ireland.

One of the big surprises since blogging has been the number of questions from clients and friends and family of clients.

How much custody could I get for 6 breaches of probation?

I am assuming that the breaches are failed appointments, although it seems a high number to prosecute on. Assuming there are guilty pleas, custody is not automatic for breach. It will really depend on the explanation. It is always worth telling the supervising officer as much information as possible because it should all be discussed in the breach report prepared for court. In essence custody is really only likely if a client decides to deliberately ignore the court order or has 'given up' for some reason. If they are so consumed by a desire to 'self destruct' then an alternative to custody is made very difficult or impossible. Some clients do reach the point where they would rather go to prison and come out with a 'clean slate'.

What assessments do probation officers give?

Probation officers are used to making assessments all the time and in relation to many different issues and questions. An important example concerns risk. Is this person a risk? How high a risk? A risk of what and to whom? Are they at risk of suicide or self harm? Other examples might be about reading or writing, or the ability to make decisions, or take responsibility. If they are in prison the assessment might be about possible Home Leave, or a Town Visit, whether escorted or unescorted? Whether someone is safe and ready for possible release from prison on Parole Licence? Really much of the job of a probation officer is about making assessments. 

What can defence do about negative PSR?

A very good question indeed. It really does depend on the quality of the report and in particular the explanation as to why it will be perceived as 'negative.' In order to be any use a PSR has to be 'balanced.' It can't all be negative in my view although sadly during my time as a Court Duty Officer I did see some that had nothing positive to say about someone. Solicitors can and do now criticise reports in open court and I'm embarrassed to say often with good reason. If the sentencing bench are unhappy as well, in extreme cases they can request a fresh report, or possibly some enquiries to be made on the day by the probation CDO. In the end a PSR is only offering advice and the sentencing bench are free to completely ignore it.

Is it hard to be a probation officer?

It didn't used to be in my view. Stressful yes and intellectually challenging, but the current demands of the computer, micro-management and bureaucracy all conspire to make it virtually impossible I'm afraid without affecting an officers health significantly. On the other hand it is still potentially one of the most rewarding jobs I know of.

Probation officers involved in assaults

In my entire career I have only ever heard of one officer that was held hostage for a period in a prison and that was over 20 years ago. I have never heard of an officer being assaulted. Threatened yes, but not assaulted.

Does probation usually go full term?

Another very good question. The answer is that any order can be discharged early for good progress on application to the Supervising Court, but not normally until at least the half way point. This is very good practice and reinforces the message that changed or good behaviour will be rewarded. Management are very keen on early discharges so that the hapless officer can get another difficult case in its place. However, for the officers sanity it's always a sensible idea to keep some 'good news' cases just ticking along.

Cannot use computer due to probation

This may be a reference to either a condition attached to a Licence or Community Order on the advice of the Probation Officer and due to the nature of the offending.

Does anybody else get nervous seeing their probation officer?

I'd be interested to hear answers to this one. Certainly in my experience some people can be annoyed, stressed, fearful, confused or worried.

How do I change probation officer?

A request to change a supervising officer should be put in writing to their line manager, normally the Senior Probation Officer or Team Leader. The manager may well wish to arrange a meeting in order to discuss the reasons for requesting a change and in order to help them decide if the reasons are justified. If a client is not happy with the decision the matter can be taken further to a more senior manager, or through the official complaints procedure.

How serious is probation?

A person can be made subject to probation supervision for all sorts of offences ranging from theft to exceptionally manslaughter and for any period up to three years. It is the offence or offences that would really determine how 'serious' the sentence would be regarded.  

Can probation officer come to work?

Generally speaking there would normally be no reason to visit a clients workplace. Having said that it just might be necessary for example to check on details particularly in relation to certain types of employment that would be precluded due to the type of offending.

Probation and impact on job

There should be no impact on employment at all. Many clients are employed whilst under supervision and the probation service would not normally have need to speak to an employer. There are always exceptions however and one might be in relation to the protection of children. Certain types of offence would prevent an offender working in certain locations or positions where children were present.

Can't make it to probation appointments because of my job

Well in my experience probation officers can be very flexible about reporting requirements around employment, for example by making appointments in the evening. The important thing is to keep the officer informed. If employment involves working away from home, that is more difficult especially since the old tried and tested solution of requesting another office to 'caretake' has been discontinued. If reporting really is impossible, there is no alternative but a return to court for discharge on the grounds of impracticality. This will mean being re-sentenced though. 




23 comments:

  1. If you are on probation and your are offered a new job that involves moving home to another area can you be transfered to a different probation officer in the new area?

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  2. Yes! Assuming that there are no reasons why a move to the new area are not precluded by conditions or any court orders in force that would specifically prevent a move.

    Normally before full transfer to the new area, everyone, including your present officer, will require to know that you have settled and suitable accommodation.

    Generallty speaking though, moves like this should present no problem.

    Good luck.

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  3. if i'm offered a full time job in a new area and have secured accomodation is the process straight forward?

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  4. Generally speaking yes, but without knowing all the details, there may be risk issues to be addressed, but discuss it with your offender manager asap.

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  5. Hi, I have been offered a job in another country and am determined to accept it as my work prospects in the southwest have been hampered massively since i was sentenced this summer. I have a 3 year community supervision order - offender rehab and no other restrictions at all. Could you offer me any advice on how to proceed, my probation officer says that I cannot go......but could apply to the sentencing court for the order to be revoked, however I cannot appeal using legal aid and simply don't have the funds to rent my own barrister !! any comments would be gratefully received........

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  6. Billy-Webb,

    Well, reading between the lines, a three year Community Supervision Order is pretty rare and almost certainly imposed by a Crown Court Judge for a serious offence. Clearly the Court will have been persuaded by a good Probation Report, barrister and possibly supporting expert opinion. My guess is that you came close to a lengthy custodial sentence, but the court feel you would benefit from supervision, no doubt due to particular difficulties in your life. Taking all this supposition into account, I have to say that I would concur with the advice you have been given. My view would be to co-operate fully with the supervising officer and apply to the Court for early discharge on the basis of good progress. In all honesty I cannot see any appeal against sentence being successful, but by all means seek an expert opinion.

    Jim

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  7. Hi, i have secured a job and accomodation, the receiving probation area has checked the address and deemed it suitable - are there any other things that can block this, i am not on any MAPPA restrictions

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  8. From what you say, transfer should proceed seamlessly - but keep your current probation officer informed in case there is any hitch.

    Good luck.

    Jim Brown

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  9. This comment has been removed by a blog administrator.

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  10. i leave prison next week and have a place at university studying geology which will involve feild trips and nights away. this as all been arranged with the knowledge and cooperation of the probation service in prison. it will mean me moving to a new area on release. i am a medium risk of harm to males who threaten me resulting from a conviction for a section 20 in self defence for which i recieved 18 months. this offence occured in 2007, i was convicted in 2008. i am due to have my risk reduced to low in sept 2013.I have just served 2years of a 4 year sentence for cannabis cultivation and i served 2years of a 4 year sentence for supply of cocaine and mdma in 2000. my outside probation officer is trying to prevent me from moving area and attending university. can she? and can i have my risk lowered before next year has it has already been 5 years since the offence and the judges comments were favourable

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  11. All I would suggest is try and talk to probation in prison and if possible your outside PO as soon as possible. Try and find out what they feel the risks are. You are possibly in the MAPPA system - but I'm surprised any possible concerns didn't crop earlier? Good luck anyway.

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  12. Hi I need advice on how to stop a probation officer intimidating my son. As there is no one else allowed in the probation meetings it will be his word against hers. She has told him she does not like him and will do whatever it takes to get him send down. He has turned his life around has 2 jobs to pay his fines off ans she deliberatley makes appointments in his working hours. He has to work late as and when his boss requires him to do so and she knows this as she has spoken to him direct. There are occasions when he cannot make the meetings due to his work but even when she knows the reason she refers him to court. He worked for the Olympics where he sometimes had to work away at other stadiums and even though she showed her his contract she referred him to court for not attending. This is victimisation. Surely there must be a way of changing Probation Officer but I have been told he has to make a complaint to her line manager. There is no way he will do this as the repercussion of this will be she will make his life even worse as the chances of getting another officer are unlikely and even if he did the word would be passed on that he made a complaint. Is the only way for him to move to another area where he can go to another probation service in another town?

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    1. Hi there,

      Obviously it's difficult to get a full grasp of the situation without knowing the people involved or the full story. However, it sounds as if there are issues to do with reporting times clashing with work responsibilities and a consequent need for the officer to exercise discretion and allow some flexibility.

      In effect what you've been told is absolutely correct and I would urge your son to consider writing a carefully worded letter to the officer's line manager setting out the issues related to reporting and work commitments.

      I can assure you that such a letter will be taken very seriously and if well-argued will be acted upon. Failure to do so will possibly allow an officers bad practice to continue unnoticed and not dealt with.

      I can understand your son's concerns, but any complaint will be dealt with carefully and based solely upon it's merits. A word in the officers ear from their manager might just bring about a greater degree of discretion - at the very least a manager watching over the case can only be to your son's benefit I feel - assuming that the situation is as you describe of course!

      I hope this helps. Write to me privately at the e-mail address on the profile page if you feel I can help further.

      Cheers,

      Jim

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  13. My son is on Probation and homeless, he has a chance of moving to a more affordable place up north. Its his only option at the moment. How easy is it to change Probation officers?? Or will they pay the £18 train fare to get to his current Probation down south and back as he has approx 1 month of probation left????

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    1. He must discuss it with his current probation officer asap! If the officer agrees, your son can report to an officer near the new address. With only a month to go I don't anticipate any great problem - but he must see the current PO asap!

      Hope all goes well,

      Cheers,

      Jim

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  14. im on probation and education training there got 2 months left and i start my new job in a few days do u think it can all be revoked

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  15. my boyfriend is due out of prison & i have moved town. Can he request his probation to be set up in my town or does he have to go back to the town he was sentenced in?

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    1. Sorry - just noticed your question. The answer is it depends to a great extent on whether your boyfriend has stable, settled accommodation that is agreed as suitable by the supervising officer.

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  16. Hi, a relative is out of prison and has 14 months probation remaining after serving 14 months for a sexual offence.

    I have a few questions about jobs I hope you can help with?

    The relative has been offered a job in a hotel. This will mean a 4 hour round trip commute. To ease the burden of this the hotel have offered 2 nights accommodation - would the officer be likely to accept this?

    If this job doesn't work out due to logistics then obviously my relative will have to apply for local jobs. When he does this what does he need to confirm to the new employer? Just that he has a criminal record or the inns and outs of it?

    His job would be in the hotel industry and the offence was a historical sexual assault case involving older teenagers. Thanks.

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  17. Hi I am the above anon, my relative has had a job offer but probation are saying he can not accept it for public protection issues. Can you tell me if this is right please.

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    1. Well, before you told me that, I was going to say that I think it's unlikely given the nature of the offence.

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  18. Hello! Firstly, thank you very much for your informative blog. Secondly I wondered if you could give any advice on a friend of mine who is currently serving his last 18 months of a 13 year sentence. He has just moved to Cat D and has a new outside probation officer who he says is very negative towards him and puts unnecessary obstacles in his way regarding his progress and time out. He claims she does not have the knowledge she should have and is generally unhelpful. Is there any way he can change his outside probation officer? Thank you for your time.

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  19. My son is on probation in Arizona and lives with me, his P.O. has told me to leave the gate to my property unlocked. Can he legally do this?

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