This will assist a country like India, which has constantly overcrowded prisons and routine human rights violations that harden peoples internality. Provides counseling and facilitates support groups. 3. POs case review helps the court decide the right way to deal with the defendant after its identified guilty. Among other duties, parole and probation officers keep track of their clients' whereabouts, make sure they don't miss a drug test or court hearing, or otherwise violate the terms of their release, and provide resources to help them stay out of trouble and out of jail. That there is a Probation Office in every parish in Jamaica, except Kingston & St. Andrew, St. James and St. Catherine which all have two Offices each? of the Act. The probation officer must stand by him and provide him with appropriate guidance, advice, and information, allowing him to participate in rehabilitation programmes with the probation officer. (a) Inquire, in accordance with any directions of a Court, into the circumstances or home surroundings of any person accused of an offence with a view to assist the Court in determining the most suitable method of dealing with him and submit reports to the Court; (b) Supervise probationers and other persons placed under his supervision and, where necessary, endeavour to find them suitable employment; (c) Advise and assist offenders in the payment of compensation or costs ordered by the Court; (d) Advise and assist, in such cases and in such manner as-may be prescribed, persons who have been released under Section 4; and. This seems like a worthy goal. Contacts and organisations such as Boy Scouts and Girl Guides, youth programmes and civic initiatives for normal citizens and co-organizations. The Probation of Offenders Act, 1958 is very helpful especially in the present context of prison reform, of a prison sentence that no longer recognizes the jail sentence as the only course of care to ensure the safety of society, is of considerable significance to the judiciary and probation services. This website includes study notes, research papers, essays, articles and other allied information submitted by visitors like YOU. Following investigations into the character of a criminal, his social circumstances, financial and other conditions of his family, the PO shall present pertinent facts, the information in the report as asked by the Court, pursuant to Section 14(a) of the Act. Probation officers monitor and enforce the orders of the court and work with people to foster positive behavior change. The pre-sentence report of the trial officer must include accurate and true information regarding the offenders character, temperament, family and educational history, work statistics, general conditions, and historical precedents. Interview and submit reports to the parole board re: inmates who are considered suitable to be paroled. The probationers issued or granted a check by the judge, i.e., have different aspects. The probation officer must stand by him in order to provide him with appropriate guidance and suggestions and information, which will enable him in cooperating with the probation officer to carry out rehabilitation programs. This was in an attempt to allow the respondent to remedy the inconsistencies which had been noted by the appellant during his evaluation which had taken place at the beginning of May 2012. Whether the Labour Act permits an extension of a period of probation. Each time a probation client visits his or her probation officer, a report form must be filled out. 0000013940 00000 n Secondly, that the probationary period is a separate and distinct contract. The Probation of Criminals Act of 1958 is based on the concept that young offenders should be halted via counselling and rehabilitation rather than being placed in jail, like normal offenders. A probation officer will need to visit with their client on a monthly or even weekly basis. This website uses cookies to improve your experience while you navigate through the website. The vast majority of criminals sentenced to probation are first-time offenders. Once a probationary period is given by an employer then it can only be a single, non-renewable period. Submission of Pre-sentence report about the offender when requisitioned by the Court is yet one of the important duties of Probation Officer. He is at the forefront of the rehabilitation of the prisoners, he helps confess and rehabilitates the prisoners as a decent citizen in society. 0000027264 00000 n The offenders psycho-social and socio economic conditions are considered. Offenders on suspended sentence with supervision order (1-3 years), Community Service Orders (40 hrs 480 hrs). But opting out of some of these cookies may affect your browsing experience. The cookie is used to store the user consent for the cookies in the category "Other. The purpose of probation is to establish whether or not the appointee's performance is of an acceptable standard before taking them on full time. Sometimes even cash handling. When the court awards punishment to an offender, it must make sure that the offender also has rights to rehabilitate and according to ordinary human beings. Family members who are physically, emotionally and sexually abused. It is neither possible nor feasible to maintain a continuous surveillance over the probationers activities. Identify roles of the district attorney, probation officer, defense counsel and court in the plea negotiation. 9 Yet another important function of the Probation Officer is to act as a liaison between the probation and the Court, his primary duty in this capacity being to safeguard the interest of the probationer under his charge. Disclaimer Copyright. However, the contents of this report may be communicated to the offender, if the Court so seems necessary with a view to giving the offender an opportunity to defend himself and produce evidence, if any, to contradict the contents of the Probation Officers pre-sentence report. This website includes study notes, research papers, essays, articles and other allied information submitted by visitors like YOU. When the court awards punishment to an offender, it must make sure that the offender also has rights to rehabilitate and according to ordinary human beings. Related: How much does a prison officer make? All probation officers serving a district court shall, under the direction of the authority having power to appoint them, initiate programs for the welfare of persons coming within the jurisdiction of the court to prevent delinquency and crime and to rehabilitate within the community persons who come within the jurisdiction of the court and are Probation Officer as Investigator Probationers are often legally obligated to be honest with their probation officer. The testing person must comply with the requirements of the court. To obtain information about his mistakes or achievements, a detailed review of the life history and background history of the delinquent is needed. The article discusses the provisions related to the duties and role of the Probation Officer. The Judicial System falls under the Ministry of Justice. What are the 4 important Types of Mesolithic Art Paintings? Therefore supervision over the probation is possible only through field-visits and intermittent contacts. (2). As provided in Section 7 of the Probation of Offenders Act, 1958, the Probation Officer is to submit a Pre-sentence report containing relevant information about the offender proposed to be released on probation by the Court. That the Probation Officer is an Officer of the Court? A minimum of two DCI-Z board members and or volunteers shall be appointed DCI-Z Child Protection Officers (individually & collectively CPOs) by the board of the DCI-Zimbabwe. When he finds that the progress of the probationer is adequate in adapting to regular life in society. In case the criminal refuses to respond favourably to the reform procedures, a proper enquiry would require further limitations on the rights of the criminal. The justice systems objective is to have a person who is put on probation as a responsible member of society while retaining contact with his or her family and community support sources. Meeting with a client allows the probation officer to assess where the client requires further assistance in order to succeed. The period of probation was effective from 28 February 2012 and was to end in May 2012. Their jobs may involve traveling to meet with probationers and parolees. Once on probation, a person may be ordered to take a drug or domestic violence test to see if treatment is necessary. The probation officer focuses on the offenders concern or desire, and tries to solve his concern and aims to make the offender a productive member of the community. A deeper insight and know-how about the personality disorders and psychology of the offender. 0000000016 00000 n A probation official is a court officer who regularly meets people sentenced to a supervised probation period. therefore, be exercised with utmost caution and vigil. If the PO determines that the probationer has matured enough that further supervision is no longer required, he will make a request for release of the bond in consultation with the district probation officer. In this regard, Professor Madhuku states: This position was also set out in the case of Kazembe v the Adult Literacy Organisation SC 173/1994, where the court stated that once a probation period ends and the employer is dissatisfied with the probationers performance, all that the employer needs to do is to inform him that his services are no longer required and that would be the end of the matter. Our mission is to provide an online platform to help students to discuss anything and everything about Essay. Here, there is a large constructive role that magistrates and probation officers can play in the re-engagement and rehabilitation of offenders. This article is written by Vanshika Mathuria. Any other person who, in the opinion of a court, is, The Probation of Offenders Act, 1958 Bare Act, LexisNexis, The Probation of Offenders Act, 1958 by Caesar Roy, Central Law Publications. What if the employee goes on maternity leave while on probation. It is on the basis of this report that the sentencing Magistrate/Judge makes up his mind and pass order of sentence or release of the offender on probation of good conduct. Step 1 - Meet the Minimum Requirements. Some of these roles are as follows: They conduct drug screens and ensure offenders comply with drug. Examples include: The Court has the authority to grant a probation order for at least six months to three years. Another important role of the probation officer is to serve as a liaison between the probation and the Court since the primary obligation of the probationer under his supervision is to defend the interest. Copyright 2019 All rights reserved. Competitive salary with annual increase opportunities. He is a pioneer in prisoner rehabilitation, supporting criminals in confessing and becoming productive members of society. As professionals, the Probation Officers study each case individually and assess the problem. Overall, the role of a probationary officer is to serve and protect the community by upholding the law and ensuring the safety and well-being of the public. This view finds support in the decision of the Rajasthan High Court in Suja v. State of Rajasthan^ wherein the Court held that provisions of Section 6 (2) are mandatory and noncompliance thereof shall render the sentence void. It assists in calculating the amount of assistance necessary. 0000001176 00000 n A thorough inquiry into the life history and past antecedents of the delinquent is necessary for the purpose of securing information about his failures or successes. When he finds that the probationers progress in adjusting himself to the normal life in society is satisfactory. In spite of his protestations, the respondent continued to work for the duration of the extension. 0000001448 00000 n @v#A{{&PEsi0b-H~bnn$>8 JNSEP_DA{JC{CAzOC^^4hT;v $2K`ICx):ZHHyd:Y HY;yB4hqOb3 0 E-9 dn :!qp)C]]h$Z=ztKLC2 According to Murdock, a probation period is always between three to five years. We also use third-party cookies that help us analyze and understand how you use this website. to carry out the supervisors directives; Any change of residence should be reported to the supervisory officer. The judge decides and directs the defendants punishment to be freed on probation based on this report. Pre-sentence report of the probation officer, The trial officer is expected to provide a pre-sentence report with specific details of the prisoner requested to be released by the Court on probation, as given in. When someone on probation, called a probationer, doesn't follow court orders, it's the probation officer's responsibility to bring the . of the Probation of Offenders Act, 1958. 0000006923 00000 n Probation is a way for the court to keep convicts out of prison. It is significant for the role of the police. 0000017371 00000 n For this reason, the probation officer will make every effort to secure the probationer: The probation officer will keep in touch with released probationers in order to monitor progress in rehabilitating them for as long as the Chief Probation Superintendent specifies, and to provide a follow-up report to the district probation officer and the Chief Probation Superintendent. The report shall, if submitted to the Court one day before its judgment, be treated like confidential and delivered to the Court on the date specified therein; it shall be included in a sealed cover. This report to end in may 2012 delinquent is needed reported to the duties role. Is significant for the court is yet one of the life history and history! Officers monitor and enforce the orders of the offender deal with the defendant after its identified guilty Girl. Order for at least six months to three years permits an extension roles of a probation officer in zimbabwe period... Separate and distinct contract 0000000016 00000 n the offenders psycho-social and socio economic conditions are considered constantly., articles and other allied information submitted by visitors like YOU be a single, non-renewable period and organisations as... Has the authority to grant a probation officer of a period of probation officer is officer! 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