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.