Essay
Contributions of Probation to the Criminal Justice System
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- London Metropolitan University (LMU)
A 2600-word essay that critically examines the contributions of the probation service to criminal justice.
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Critically examine the contributions of the probation service to criminal justice.Probation is a community sentence (Garland, 2001), which enables an individual to
preserve his or her freedom by respecting the terms of a court order while being
supervised by a probation officer (Raynor, 2012). Probation attempts to reform an
offender by focusing on the person rather than on the crime, allowing him or her to serve
the sentence (Bates, 1934) and prove that they are capable of avoiding further offending
while making amends to the victims. This paper will begin with an overview of the aims of
the probation service and how it is conceived in the criminal justice system. It will then
explore the various factors which may lead to re-offending and the programs developed
by Her Majesty’s Probation and Prison Service (HMPPS) to target such elements and
promote desistance from crime. Subsequently, this paper will analyse offender
management techniques and how probation officers form a relationship with offenders
to influence their behaviour and encourage attitudinal and behavioural changes.
Moreover, it will consider the implications of a risk assessment tool for public protection.
This paper will conclude by briefly highlighting how the National Probation Service
collaborates with victims to maintain their protection. The foundation of the probation
service is established by the Probation of Offenders Act (1907), which states that
probation officials have the responsibility to ‘assist, advise and befriend’ those offenders
sentenced to community service or released on a conditional sentence. Probation
officers prepare reports for the court to decide on the most adequate sentence for a
certain case. Furthermore, officers are responsible for determining the level of risk that
offenders pose to the public, for their supervision, and for implementing specialised
behavioural programmes which aim to prepare offenders for release. The term probation
comes from the Latin word ‘probare’, meaning to prove something. Offenders have the
opportunity to prove that their antisocial behaviours have evolved into a sociably
acceptable one, as well as that future violations may be avoided (House of Commons
Justice Committee, 2011). Therefore, being its procedures centred on the person rather
than on the offence (Bates, 1934), probation aims to rehabilitate and reform an individual
to safeguard the public. The probation practice was conceived merely as a punishment
to be served in the community; however, it broadened its focus on the risk management
of the offender, which in turn allows for public safety (Robinson and McNeill, 2004).
Although a community penalty, probation is not strictly punitive, nor does it implies
coercive liberty limitations. It integrates control and assistance, relying on the offender’s
cooperation in accepting the requirements of a sentencing order, and on the manager’s
ability to motivate and supervise (Raynor, 2012). In particular, Grunhunt (1952, cited in
Raynor, 2012, p. 953) suggests that probation promotes offender rehabilitation by
combining a conditional suspension of the legal punishment with constant supervision
by a court official and an emphasis on personal well-being. On the other hand, as initially
proposed by Stephen Shaw (1983), probation plays a role in crime prevention by
, enhancing the physical and psychological environment in which the offender will be
released, and by promoting self-help. As noted above, one of the aims of probation is to
change individual antisocial attitudes and behaviours. A court may order the convicted
individual to participate in specific programmes designed to offer the essential skills to
avoid reoffending after release. The most employed are cognitive-behavioural
programmes, which aim to achieve a change in the offender's mindset related to an
alteration in behavioural habits. According to Wollheim (1984), the individual’s set of
antisocial mental dispositions can be unconsciously altered towards more law-abiding
ones by following a routine that involves both normative and coercive components.
Therefore, probation can achieve a degree of compliance in those offenders who
participate in the programmes. The Correctional Services Accreditation and Advisory
Panel accredits such interventions, which might be generic or specific, depending on
whether they suit most offenders or whether they are tailored to specific crimes (House
of Commons Justice Committee, 2011), including sexual offences, gang affiliation, or
substance abuse (Her Majesty’s Prison Service, 2005). Additionally, as noted by Laycock
and Pease (1985), probation programmes attempt to reduce the chance of recidivism by
providing specific counselling and strengthening the perception of the risk of re
conviction. Officers assist individuals who are leaving prison by working on elements that
may contribute to further offending. Housing, professional occupation, and mental
health have a role in determining whether an ex-offender will be successful in modifying
his or her attitudes and avoiding recidivism. Released offenders who have a stable base
for success in life, such as stable housing, a job, and no substance addiction, are less
prone to pursue criminal activities (Farrar, Rees and Vigurs, 2021). Lord Bradley (2009)
found that offenders who do not have a safe accommodation have a 50 percent
likelihood of re-offend, while those who start working after release are 9 percent less
probable to commit future crimes. To support this, in July 2020 HMPPS developed an
initiative to minimize ex-offenders’ chance to become homeless by providing temporary
residence in approved accommodations for 3 months. Probation officers are thus
allowed to carefully supervise the released ex-offenders while enhancing public safety
(Farrar, Rees and Vigurs, 2021). Similarly, employment is essential in decreasing crime
since it allows individuals to gain independence and participate in their communities.
The Prisoner Education Service, launched by HMPPS, seeks to combine education with
career opportunities: work coaches support offenders during their probation period,
ensuring that they gain the necessary skills to secure a job (Farrar, Rees and Vigurs,
2021). Improving offenders' mental health increases their motivation and collaboration
in the rehabilitation process, as well as their compliance with community orders. Around
75 percent of prisoners in the UK suffer from a mental health condition, and almost 70
percent of inmates present a drug abuse disorder; the majority of instances involve a
dual diagnosis (Home Office Minister Lord Keith Bradley, 2009). To address this issue,
the probation service and the Open Mind Service collaborate to improve the mental
health condition of offenders. Participants in the programmes are required to consult
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