Probation in the United States traces its roots to the
pioneering efforts of John Augustus in the 19th century. Augustus, a Boston
philanthropist, believed in the potential for rehabilitation of offenders and
began providing bail and support to individuals facing incarceration. His work
inspired the development of probation as an alternative to imprisonment. The
formalization of probation began in the late 19th and early 20th centuries,
with states enacting legislation to establish probation as a sentencing option.
Massachusetts was the first state to pass a probation statute in 1878. Over
time, probation evolved into an integral component of the American criminal
justice system, with trained probation officers supervising offenders in the
community. Today, probation is widely used as a sentencing alternative for
non-violent offenders, offering opportunities for rehabilitation and
reintegration into society. Various specialized probation programs have been
developed to address the diverse needs of offenders, including substance abuse
treatment, mental health services, and educational and vocational support.
In the United Kingdom, the concept
of probation emerged in the late 19th century, following developments in the
United States. The Probation of Offenders Act, 1907 marked the formal
introduction of probation as a sentencing option in the UK. This legislation
empowered Courts to release offenders on probation under the supervision of
probation officers. The Probation Service expanded in the post-World War-II
era, with increased professionalization of probation officers. The Criminal
Justice Act, 1948 further solidified the role of probation in the UK's criminal
justice system. Over the decades, the Probation Service underwent reforms and
modernizations to adapt to changing societal needs and criminal justice
practices. Specialized probation programs were introduced to address specific
offender populations and reduce recidivism rates. Recent years have seen
significant transformations in the UK's probation system, including the
privatization and outsourcing of probation services. Despite these changes, the
fundamental goal of probation remains focused on the supervision and
rehabilitation of offenders in the community, promoting desistance from crime
and reintegration into society (Chui, 2003).
An average of sixty thousand inmates are dealt by Punjab
prisons. Amidst these challenges, the Probation Ordinance emerges as a crucial
instrument offering a valuable alternative for individuals charged with petty
offenses. This ordinance presents an opportunity for conditional release,
emphasizing rehabilitation rather than punitive measures for those convicted of
minor infractions. The focus on rehabilitation is particularly significant in a
country where jail conditions are suboptimal, and overcrowding exacerbates the
hardships faced by inmates. By implementing the Probation Ordinance
effectively, Pakistan has the potential to keep first-time offenders and
individuals involved in minor offenses away from the detrimental influence of
habitual criminals, promoting a more equitable and rehabilitative approach to
the criminal justice system.
According to section 3
of Probation of Offenders’ Ordinance, 1960, following Courts are empowered to
grant probation to offenders:
a.
A High Court;
b.
A Court of Sessions;
c.
A Magistrate of the 1st Class; and
d.
Any other Magistrate especially empowered in
this behalf.
Section 4 of the
Ordinance empowers the Court to conditionally discharge an offender after due
admonition. In this regard, a Court has to consider following points:
a. A
person not convicted before;
b. Commits
an offence not exceeding of imprisonment more than 2 years;
c. In
accordance to age, character, social background and nature of offence; and
d. Court
may discharge him with conditions to enter into bond not to commit the crime in
such period (Form-B).
The concerned Court will explain the objective of discharge
in simple language to the offender. This court order is known as “Order of Conditional
Discharge”.
Power of Court to make a Probation
Order
As per section 5, the Court may issue Probation Order (Form-D) if:
1. Any
male person is convicted of an offence, except the following cases:
a. Chapter VI
of the Pakistan Penal Code (Act XLV of 1860) offences against the State.
b. Chapter VII
of the Pakistan Penal Code (Act XLV of 1860) offences related to Army, Navy and Air Force.
c. Other
sections of PPC:
|
Sr. No. |
Section |
Explanation |
|
1 |
216-A |
Penalty for harboring robbers or dacoits |
|
2 |
328 |
• Willful
act which harms or injures the child physically or mentally • Exposure
or abandonment of child under twelve years by parent or person having care of
it |
|
3 |
382 |
Theft made after preparation causing death, hurt or restraint in order
to the commitment of theft |
|
4 |
386 |
Extortion by putting a person in fear of death or grievous hurt |
|
5 |
387 |
Putting a person in fear
of death or grievous hurt in order to commit extortion |
|
6 |
388 |
Extortion by threat of
accusation of an offence punishable with death or imprisonment for life etc. |
|
7 |
389 |
Putting a person in fear
of accusation of offence in order to commit extortion |
|
8 |
392 |
Committing Robbery |
|
9 |
393 |
Attempt to commit robbery |
|
10 |
397 |
Robbery or dacoity with
attempt to cause death or grievous hurt |
|
11 |
398 |
Attempt to commit robbery
or dacoity when armed with deadly weapons |
|
12 |
399 |
Making preparation to
commit dacoity |
|
13 |
401 |
Punishment for belonging
to gang of thieves |
|
14 |
402 |
Assembling for purpose of
committing dacoity |
|
15 |
455 |
Lurking house-trespass or
house-breaking after preparation for hurt, assault or wrongful restraint |
|
16 |
458 |
Lurking house-trespass or
house breaking by night after preparation for hurt, assault or wrongful
restraint |
2. Any
female person is convicted of any offence other than an offence punishable with
death
The Court may make Probation Order in accordance with the
nature of offence and character of the offender and place him/her under the supervision
of Probation Officer.
As per section 5, the period of probation shall:
a.
not less than one year; and
b.
not more than three years
Section 5 of
the Ordinance explains that:
a. Court
shall not pass a probation order unless the offender enters into a bond;
b. Bond
may be with or without sureties;
c. He/she
will not commit any offence during the probation period;
d. He/she
will maintain good character;
e. Offender
or one of his sureties has fixed place or regular occupation within its
jurisdiction;
f. Likely
to continue the same during the period of bond;
g. The
conditions of the bond may vary as per section
10 of the Ordinance; and
h. Any
other conditions the Court may deem fit.
When an offender is
sentenced for the offence in respect of which a probation order was made, that
probation order shall cease to have effect.
[Explanation: The probation order
made by the Court shall cease to take effect in case of change in sentence by Appellate
Court or the conviction in the same case due to violation of the conditions of bond].
Failure to observe Conditions of Bond
Under section 7
(1), if an offender fails to observe the conditions of the bond, the Court
may:
a.
Issue a warrant
for his arrest;
b.
Summon to
offender and his sureties; and
c. Remand him to judicial custody until the case is heard.
The
Probation Officer is bound under section 7 and Rule 24 to report to Assistant
Director concerned in case a violation of bond is committed by the offender. Under
section 7 (3), if Court
satisfies that offender has failed to observe the conditions of bond,
the Court may:
a.
Either sentence him for the original offence;
b.
Impose upon him fine not exceeding one thousand
rupees; and
c.
Sentence the offender for the original offence, if
the fine is not paid.
Effects of Discharge and Probation
Section 11(1)
ordains:
“A conviction of an offence, for which an
order is made under section 4 or section 5 for discharging the offender after
the due admonition or conditionally or placing him on probation, shall be
deemed not to be a conviction for any purpose other than the purposes of the
proceedings in which the order is made and of any subsequent proceedings which
may be taken against the offender.”
Under section 11(2),
the offender shall not face any disqualifications or disability if he is
“placed on probation” under section 5 or discharged under section 4.
Responsibilities of Probation Officer
Under
section 13 of Probation of Offenders’
Ordinance 1960, a probation officer shall:
a. visit or receive visits from the offender at such
reasonable intervals;
b. see that the offender observes the conditions of the
bond;
c. report to the Officer-in-charge about the behavior of
probationers;
d. advise, assist and befriend the offender;
e. find suitable employment for offenders; and
f.
perform any other
duty which may be prescribed by the rules made under this Ordinance.
As per Probation of Offenders
Rules, 1961, a probation officer has to:
a. explain
to every probationer the terms and conditions of the probation order [Rule
10(a)] (Form-C);
b. meet
probationers regularly and make inquiries into their conduct [Rule 10(b)]. In
initial two months of probation, officers must meet probationers at least once a
fortnight;
c. assist
in finding suitable employment for unemployed probationers [Rule 10(c)];
d. encourage
the use of recognized agencies for welfare [Rule 10(d)];
e. address
breaches of bond terms and notify sureties [Rule 10(e)];
f. maintain
books and registers and submit reports [Rule 10(f)];
g. carry
out instructions of the Court [Rule 10(g)];
h. inspect
judicial records with permission [Rule 13];
i. maintain
a Form-A register of Probationers [Rule 14(1-a)];
j. maintain
a diary on a yearly basis [Rule 14(1-b)];
k. maintain
a progress for each probationer [Rule 14(1-c)];
l. maintain
other records as directed by authorities [Rule 14(1-d)];
m. preserve
records for ten years from date of the last entry [Rule 14(2)];
n. make
entries in Form-A (register of offenders) and get it signed by the Presiding
Officer of the Court [Rule 14(3)];
o. monthly
checks and initials by the Assistant Director [Rule 14(4)];
p. closure
and deposit of the diary in the office of competent officer [Rule 14(5)];
q. deposit
of completed records in the office of competent officer [Rule 14(6)];
r. attend
meetings and provide requisite information to the Case Committee [Rule 16(8)];
s. receive
and conside reports of Case Committee regarding the probationers [Rule 17(ii)];
t. give
recommendations or make communications regarding the probationers to the Court
[Rule 17(iii)];
u. submit
reports on the conduct and the mode of life of probationers to the Court [Rule
23]; and
v. report
timely in case of any breach of conditions of bond committed by probationer [Section-7
read with Rule 24].
.jpg)
No comments:
Post a Comment