Probation Orders
Probation orders are one of a range of options open to courts when sentencing individuals found guilty of criminal behaviour. Offenders give an undertaking to the court that they will be of good behaviour, avoid further crime and adhere to the conditions of the order. Standard conditions include:
- to be of good behaviour;
- to follow the instructions of the supervising probation officer; and
- inform the supervising officer of any change of address.
There can be additional conditions ordered by the court. Examples may include:
- participation in a training course;
- residence in a hostel; and
- attendance at a treatment clinic or programme.
District Courts can make a Probation Order for any period up to three years. Higher courts sometimes order longer periods on supervision.
What does probation involve?
Someone who is placed on probation will have to keep regular contact with their supervising probation officer and comply with all conditions of the order. During the supervision programme, offenders are helped to identify the cause of their offending behaviour and ways of avoiding it happening again. The supervising officer will visit the offender at home and may involve family members if they feel this will assist the offender avoid further trouble. The offender will also meet the supervising officer at his or her office.
Offenders may be expected to participate in a group-work programme. Programmes look at issues such as:
- substance misuse,
- anger management,
- offending attitude and behaviour,
- the development of social skills.
Please see pages on our Community Based Projects and Programmes for further detail.
What if the conditions of the Order are broken?
Probation officers are given the responsibility to supervise offenders released by the court into the community. Failure by an offender to comply with the conditions of the probation order will be addressed with him or her by the supervising officer and may lead to the case being returned to court. This can result in a custodial sentence or other sanction being decided upon by the court.
Discharging a Probation Order
If someone makes good progress while under supervision, the probation officer may consider applying to the court to have the order discharged early. This can happen at any time during the course of the order but ordinarily no sooner than half way through the order. The offender may not necessarily have to attend the court on such an occasion, but should be advised by their probation officer and legal representative as required.
