PROBATION OF problem of staying the development of the criminal class has now for some years been the subject of attention by the public, the administrators of the law, and the legislature. Several attempts at solution have been made, as, for instance, by the Youthful Offenders Act, 1901 ; but the most serious practical effort is found in the Probation of Offenders Act, 1907, the main pro visions of which are indicated in this article.
Probation officere.—Petty-seesional Courts have now power to appoint, for their re. spective divisions, certain officers, male or female, known as probation officers, and, for the purpose of dealing with offenders under the age of sixteen years, special children's probation officers. The duty of a probation officer, subject to the directions of the Court, is—N) To visit or receive reports from the person under supervision at such reasonable intervals as may be specified in the probation order or, subject thereto, as the officer may think fit,: (b) to see that he observes the condition of his recognisance ; (c) to report to the Court as to his behaviour ; (d) to advise, assist, and befriend him, and, when necessary, to endeavour to find him suitable employment.
The probation of an offender, in its conditions;, depends upon which of two cases he comes under, whether--(i) he is charged before a Court of summary jurisdiction with an offence punishable by such Court, and the Court thinks that the charge is proved ; or (ii) he hes been convicted on indictment of any offence punishable with imprisonment. In either case, however, before the Court may act under the statute it must have regard to certain elements in the case, i.e. to the character, antecedents, age, health, or mental condition of the person charged, or to the trivial nature of the offence, or to the extenu ating circumstances under which the offence was committed. Having had due regard to such elements of the case the Court, in the first of the above cases, if of opinion that it is inexpedient to inflict any punishment other than a nominal punishment, or that it is inexpedient to release the offender on probation, may make an order either—(a) dismissing the information or charge ; or (b) discharging the offender conditionally on his entering into a recognisance, with or without sureties, to be of good behaviour and to appear for conviction and sentence when called on at any time during such period, not exceeding three years, as may be specified in the order. In the second of the above cases the Court,
having had the same regard as in the other case, if of opinion that it is inexpedient to inflict any punishment other than a nominal punishment, or that it is expedient to release the offender on probation, may, in lieu of imposing a sentence of imprisonment, make an order discharging the offender conditionally on his entering into a recognisance, with or without sureties, to be of good behaviour and to appear for sentence when called on at any time during such period, not exceeding three years, as may be specified in the order. In addition to the foregoing, the offender may be ordered to pay damages (not exceeding £10 in a Court of summary jurisdiction unless a higher sum is fixed by statute) for injury or compensation for loss, together with costs ; and if he is under sixteen years of age, and it appears to the Court that his parent or guardian has conduced to the offence, the damages and costs may be ordered to be paid by parent or guardian.
The recognisance to be entered into contains a condition that the offender be under the supervision of a probation officer, or such other person as the Court may order, and also conditions, at the discretion of the Court--(a) prohibiting the offender from associ ating with thieves and other undesirable persons, or from frequenting undesirable places ; (b) requiring abstention frona intoxicating liquor, where the offence waa drunkenness or an offence committed under the influence of drink ; (c) generally for securing that the offender should lead an honest and industrious life.