The probation personnel ought to be specially trained so that they can discharge their duty as probation officer competently. In some states probation service is placed under the Social Welfare Department while in others in functions under the Panchayat Department or the Home Department. Yet there are a few differences, which have been enumerated below. Such tables may help in anticipating the probable result of correctional treatment on different offenders. There, they have proved immensely helpful in estimation of offenders personality for individualized treatment. The Summary Jurisdiction Act, 1879 Section sixteen.
Imprisonment decreases his capacity to readjust to the normal society after the release and association with professional delinquents often has undesired effects. Guidelines for the training of Probation officers as have been laid down in the United Nations Standard Minimum Rules for Non-Custodial Measures, may be followed to the extent possible. An analysis of crime statistics would show that a large segment of offenders consists of the poor, the illiterate and the unskilled. It has, therefore, been generally accepted that probation should only be confined to the cases of juveniles, first offenders and women offenders. The Kerala Government has provided for an After Care Programme to rehabilitate probationers. Notwithstanding anything hereinbefore contained, the court which passes an order under section 4 in respect of an offender may, if it is satisfied on an application made by the probation officer, that the conduct of the offender has been such as to make it unnecessary that he should be kept any longer under supervision, discharge the bond or bonds entered into by him.
According to the labeling theory, a stigmatizing label once applied, is very likely to cause further deviance or create the deviance. It is a treatment device, developed as a non-custodial alternative which is used by the magistracy where guilt is established but it is considered that imposing of a prison sentence would do no good. The court before which any person is bound by his recognizance under this Act to appear for conviction or sentence may, upon the application of the probation officer, and after notice to the offender, vary the conditions of the recognizance and may, on being satisfied that the conduct of that person has been such as to make it unnecessary that he should remain longer under supervision, discharge the recognizance. The object of the pre-sentence report is to appraise the court about the character of the offender, exhibit his surroundings and antecedents and throw light on the background which prompted him to commit the offence and give information about the offenders conduct in general and chances of his rehabilitation on being released on probation. More Articles: The author can be reached at: trayosha legalserviceindia. Responding to the other criticism, it is essential that non-legal agencies, namely probation officers, interference is only meant for smooth functioning, and also it is not mandatory for the judge to consider using the probation officer always. At present the work of probation is assigned to different departments in different States.
The amount of assistance is. South Africa, though a developing country makes it necessary that desired entrants have degrees in criminology, psychology, or social work. He may not ask for a pre-sentence report, may not put the offender under supervision. An Act to permit the Release on Probation of Offenders in certain cases, and for other matters incidental thereto. The provisions under the Probation of Offenders Act and the Code of Criminal Procedure could be amended to be similar to the Juvenile Justice Care and Protection of Children Act, where more detailed procedures are laid down, like for the setting up of observation homes, report of the probation officer. When any person is found guilty of having committed an offence not punishable with death or imprisonment for life and the court by which the person is found guilty is of opinion that, having regard to the circumstances of the case including the nature of the offence and the character of the offender, it is expedient to release him on probation of good conduct, then, notwithstanding anything contained in any other law for the time being in force, the court may, instead of sentencing him at once to any punishment direct that he be released on his entering into a bond, with or without sureties, to appear and receive sentence when called upon during such period, not exceeding three years, as the court may direct, and in the meantime to keep the peace and be of good behaviour: Provided that the court shall not direct such release of an offender unless it is satisfied that the offender or his surety, if any, has a fixed place of abode or regular occupation in the place over which the court exercises jurisdiction or in which the offender is likely to live during the period for which he enters into the bond. According to the United Nations, Department of Social Affairs, The release of the offenders on probation is a treatment device prescribed by the court for the persons convicted of offences against the law, during which the probationer lives in the community and regulates his own life under conditions imposed by the court or other constituted authority, and is subject to the supervision by a probation officer.
The court making a supervision order under sub-section 3 shall require the offender, before he is released, to enter into a bond, with or without sureties, to observe the conditions specified in such order and such additional conditions with respect to residence, abstention from intoxicants or any other matter as the court may, having regard to the particular circumstances, consider fit to impose for preventing a repetition of the same offence or a commission of other offences by the offender. The After Care Programme, in Kerala, is intended to rehabilitate released prisoners and probationers coming under the supervision of District Probation Officers. Further, often there is a lack of interest for social service among the probation personnel. Resources are needed to employ trained probation officers, to set up homes for those on probation and also for their training besides others. Recidivists have often proved a failure in the process of probation. Due importance must be given to the reports of the probation officers by making necessary amendments in section 4 2 and section 6 2 of the Act. Probation in India is mostly dependent on the policies of the State rather than a uniform Central Policy.
But, the Courts generally have shown scant regard for the pre-sentence report of the probation officer because of lack of faith in integrity and trustworthiness of the Probation Officers. An attitudinal change, must be sought and brought about among the judicial officers towards the significance of the probation system, this would make the concept more workable and beneficial. The Probation Officer would guide the offender to rehabilitate himself and also try and wean him away from such criminal tendencies. However, he should be kept under supervision. It is not necessary that the person must be a first offender. Removal of disqualification attaching to conviction. The Probation officers appointed under the probation of Offenders Act would also function under the Juvenile Justice Care and Protection of Children Act.
The object of probation has been laid down in the judgment of Justice Horwill in In re B. The quality of probation service must be improved by making the service conditions of the probation staff more lucrative. Probation seeks to socialize the criminal, by training him to take up an earning activity and thus enables him to pick up those life-habits, which are necessary for a law-abiding member of the community. If the offender fails to follow the conditions laid down by the Court, the original sentence against him may be revived S. If the officer feels that the offender would not commit a crime, he could then submit to the court an application for the offenders discharge. Lack of properly qualified personnel, want of adequate supervision and excessive burden of casework are attributed as the three major causes of inefficiency of the probation-staff.
Loans are offered for full and part-time study and short courses. The Board would pass orders against a juvenile. Saving of operation of certain enactments. It would also defeat the purpose if probation has to be granted when certain conditions are satisfied, if for example the facts on record show clear pre-meditation to do a wrongful act. The Act provides for the setting up of Observation and Special Homes by the State Government where the juvenile could be placed.
India, being a developing country cant spend heavily on correctional measures, as its emphasis would be more on economic improvement. They are recruited between 20 and 26 years of age. In such cases there was no alternative but to send them to prison, which was an unnecessary burden on the State exchequer. It would not be possible for them to fulfill the conditions in all cases, hence the proviso should be amended to not make it mandatory, and leave it at the jurisdiction of the Court. Magistrate of the third class or of the second class not specifically empowered by the state government had to submit the proceeding to Magistrates of the first class or Sub-Divisional magistrates.