§ PROBATION AND AFTER-CARE
§
Lords amendment: No. 219, in page 80, line 8, at end insert—
IA. In section 2(3) of that Act (probation orders) for the words "and 4" there shall be substituted the words ", 4A and 4B".
1B. The following sections shall be inserted after section 4 of that Act—
Requirements in probation orders
4A. — (1) Without prejudice to the generality of section 2(3) above, the power conferred by that subsection includes power, subject to the provisions of this section, to require the probationer—
(a) to present himself to a person or persons specified in the order at a place or places so specified;
(b) to participate or refrain from participating in activities specified in the order—
(i) on a day or days so specified; or
(ii)during the probation period or such portion of it as may be so specified.
(2) A court shall not include in a probation order a requirement such as is mentioned in subsection (1) above unless it has first consulted a probation officer as to —
(a)the offender's circumstances; and
(b)the feasibility of securing compliance with the requirements, and is satisfied, having regard to the probation officer's report that it is feasible to secure compliance with them.
(3) A court shall not include a requirement such as is mentioned in subsection (1)(a)above or a requirement to participate in activities if it would involve the co-operation of a person other than the probationer and the probation officer responsible for his supervision, unless that other person consents to its inclusion.
(4) A requirement such as is mentioned in subsection (1)(a)above shall operate to require the probationer—
(a)in accordance with instructions given by the probation officer responsible for his supervision, to present himself at a place for not more than 60 days; and
(b)while there, to comply with instructions given by, or under the authority of, the person in charge of the place.
(5) A place specified in the order shall have been approved by the probation committee for the area in which the premises are situated as providing facilities suitable for persons subject to probation orders.
(6) A requirement to participate in activities shall operate to require the probationer.
(a) in accordance with instructions given by the probation officer responsible for his supervision, to participate in the activities for not more than 60 days; and
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(b)while participating, to comply with instructions given by, or under the authority of, the person in charge of the activities.
(7) Instructions given by a probation officer under subsection (4) or (6) above shall, as far as practicable, be such as to avoid any interference with the times, if any, at which the probationer normally works or attends a school or other educational establishment.
Probation orders requiring attendance at day center
4B.—(1) Without prejudice to the generality of sections 2(3) and 4A above, the power conferred by section 2(3) above includes power, subject to the provisions of this section, to require the probationer during the probation period to attend at a day centre specified in the order.
(2) A court shall not include such a requirement in a probation order unless—
(a) it has consulted a probation officer; and
(b) it is satisfied—
- (i)that arrangements can be made for the probationer's attendance at a centre; and
- (ii) that the person in charge of the centre consents to the inclusion of the requirement,
(3) A requirement under subsection (1) above shall operate to require the probationer—
(a) in accordance with instructions given by the probation officer responsible for his supervision, to attend on not more than 60 days at the centre specified in the order; and
(b) while attending there to comply with instructions given by, or under the authority of, the person in charge of the centre.
(4) Instructions given by a probation officer under subsection (3) above shall, so far as is practicable, be such as to avoid any interference with the times, if any, at which the probationer normally works or attends a school or other educational establishment.
(5) References in this section to attendance at a day centre include references to attendance elsewhere than at the centre for the purpose of participating in activities in accordance with instructions given by, or under the authority of, the person in charge of the centre.
(6) In this section "day centre" means premises at which non-residential facilities are provided for use in connection with the rehabilitation of offenders and which—
(a) are provided by a probation committee; or
(b) have been approved by the probation committee for the area in which the premises are situated as providing facilities suitable for persons subject to probation orders.".
§ Mr. MayhewI beg to move, That this House doth agree with the Lords in the said amendment.
§ Mr. Deputy Speaker (Mr. Bernard Weatherill)With this we may take Lords amendments No. 221 and 274.
§ Mr. MayhewThis amendment gives courts power to include a range of requirements in probation orders—a power that was believed to exist until the recent judgment of the House of Lords in Cullen v Rogers. That judgment raised issues of great importance as to the nature and extent of requirements that might be imposed under section 2(3) of the Powers of Criminal Courts Act 1973. In particular, it was said that no requirement made under that section could be properly imposed if it involved a substantial element of custodial punishment or if it subjected a probationer to the unfettered discretionary control of the supervising probation officer.
The amendment will overcome the disadvantageous consequences of the decision in Cullen v Rogers and permit in particular a probation order to carry with it a condition that the offender shall attend a day centre.
The amendments are all relatively self-explanatory.
§ Question put and agreed to.
§ Lords amendments Nos. 220 and 221 agreed to.