The Functions of the Probation Officer
Chapter One Hundred One
Syllabus topic 4, "Approaches to Sentencing"
Pages 413 to 416 of 806
In one line
Section 14 lists five duties, and the first of them, the pre-sentence enquiry, is the one that decides whether probation is ordered at all.
In the wording a student can write in an exam: section 14 of the Probation of Offenders Act 1958 provides that a probation officer shall, subject to such conditions and restrictions as may be prescribed, enquire in accordance with the directions of a court into the circumstances or home surroundings of a person accused of an offence with a view to assisting the court in determining the most suitable method of dealing with him, and submit reports; supervise probationers and other persons placed under his supervision and, where necessary, endeavour to find them suitable employment; advise and assist offenders in the payment of compensation or costs ordered by the court; advise and assist persons released under section 4; and perform such other duties as may be prescribed.
The five duties
Clause by clause, and each has a distinct place in the process.
| Clause | The duty | When it operates |
|---|---|---|
| (a) | Enquire into the circumstances or home surroundings of a person accused of an offence, in accordance with the court's directions, to assist the court in determining the most suitable method of dealing with him, and submit reports | Before the disposal |
| (b) | Supervise probationers and others placed under his supervision, and where necessary endeavour to find them suitable employment | During the bond |
| (c) | Advise and assist offenders in the payment of compensation or costs ordered by the court | During the bond |
| (d) | Advise and assist, in such cases and manner as prescribed, persons released under section 4 | During and after |
| (e) | Perform such other duties as may be prescribed | Whenever the rules say |
Note the words at the head of the section: subject to such conditions and restrictions as may be prescribed. So even the duties are subject to State rules made under section 17.
Clause (a): the pre-sentence report
This is the most important function in the Act and the most examinable.
Its subject is a person "accused" of an offence. Not "convicted". The enquiry may therefore be directed before the verdict, which is what makes a report available at the moment of sentence rather than weeks after it.
Its content is the "circumstances or home surroundings". Family, employment, income, associations, education, health, the household the offender would return to. This is the information a criminal trial never produces, because a trial is about what happened, not about who the accused is.
Its purpose is stated in the section itself: to assist the court in determining the most suitable method of dealing with him. That is the language of individualised sentencing, and it connects directly to [Individualisation of Punishment] and [The Sentencing Hearing].
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