A Practical Guide to Probation Breaches and Other Applications

This is the first book of its kind. It is designed to act as a companion to all practitioners, including solicitors, barristers, and members of the judiciary, engaged in probation breaches. It introduces the reader to the Probation Service and its role in the engagement and enforcement of court orders.

The text guides readers through the procedure for engaging offenders with the requirements of a community order and the community requirements of a suspended sentence order. It follows the process from the initial warnings issued to an offender, through to contested breach hearings and sentencing for breach of such orders. For completeness, it also considers ancillary probation applications, including amendment, revocation of orders. The text cites key common law and statutory authorities, provides practical advice for those engaged in probation matters, and directs readers to further guidance available from the Probation Service and associated authorities.

This text is a necessary resource for any practitioner, irrespective of experience. Whether it acts as a reference book, or a detailed source of information, it is an essential addition to any practitioner's bookshelf.

Foreword by The Recorder of Sheffield, HHJ Richardson KC.

CONTENTS

PART ONE - THE PROBATION SERVICE AND COURT ORDERS

1 - An Introduction to Probation Breaches and Other Applications

2 - Community-Based Court Orders: An Introduction

3 - The Involvement of The Probation Service

PART TWO - PROBATION BREACHES

4 - Getting an Offender to Court and Issues of Bail

5 - Preparing a Breach Case or Application

6 - Breach of Community Orders and Convictions for Further Offences

7 - Breach of Suspended Sentence Orders

8 - Contested Breach Proceedings

9 - Sentencing Council Guidelines on Breach of Orders

PART THREE - PROBATION APPLICATIONS

10 - Revocation of Orders

11 - Amendment of Orders

APPENDIX - Quick Reference and Common Errors