tag:blogger.com,1999:blog-1294928770519722820.post5291704779934924218..comments2024-03-08T14:35:24.649+00:00Comments on The Justice of the Peace Blog: DO PROBATION OFFICERS UNDERSTAND THE DECISION MAKING PROCESS IN SENTENCING TO CUSTODY SUSPENDED? The Justice of the Peacehttp://www.blogger.com/profile/05795957459681808206noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-1294928770519722820.post-73012732427713055162015-02-01T12:38:49.690+00:002015-02-01T12:38:49.690+00:00That's the decision the Bench or Judge has to ...That's the decision the Bench or Judge has to make. A suspended sentence implies some expectation of cooperation with Probation, and to my mind makes no sense at all in this context with attaching requirements. If the view is that cooperation will not take place - sometimes expressed as such by the offender him/herself - then immediate custody is the appropriate sentence in my view.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1294928770519722820.post-27817477805623077252015-01-31T19:23:01.207+00:002015-01-31T19:23:01.207+00:00But if requirements are to be included to the peri...But if requirements are to be included to the period during which the sentence has been suspended (sadly often neglected by sentencers), what chance of those being carried out in cases such as those cited? Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1294928770519722820.post-35549784978209245002015-01-29T17:51:57.884+00:002015-01-29T17:51:57.884+00:00I endorse what Anon of 29 January says - I frequen...I endorse what Anon of 29 January says - I frequently sit in the breach court, and the index offence rarely comes into it, as we are considering persistent and wilful breaches of court orders. That's what attracts custody, not the assault, shoplifting or drink-driving which earned a community order in the first place. If we decide the breach has crossed the custody threshold (usually the second or third breach if we've got to this point) then we will suspend it if there is hope that the offender might complete the orderJaguarnoreply@blogger.comtag:blogger.com,1999:blog-1294928770519722820.post-33870880340787697502015-01-29T15:00:39.914+00:002015-01-29T15:00:39.914+00:00Yes, with the greatest of respect you are wrong, J...Yes, with the greatest of respect you are wrong, JP. The Sentencing Guidelines make it abundantly clear that courts have 6 months custody at their disposal for deliberate and repeated breach of a CO. Same applies to those whose offence is assessed as passing the community threshold but refuse to cooperate with Probation.<br /><br />Finally, if you don't think much of the record keeping of Probation at present, wait till it's in the hands of the CRCs run by multi-national cleaning companies and the like!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1294928770519722820.post-9994371953584117122015-01-29T00:10:05.113+00:002015-01-29T00:10:05.113+00:00Mine too - but can it be *suspended* in those circ...Mine too - but can it be *suspended* in those circumstances?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-1294928770519722820.post-81030808364666402982015-01-28T18:26:22.679+00:002015-01-28T18:26:22.679+00:00As a probation prosecutor my understanding would b...As a probation prosecutor my understanding would be that twice breaching a community order , if found to be "willful and persistent " would have taken the matter into the realm where custody could be a real consideration notwithstanding the original assessment was pitched at the level of seriousness suggesting a community order was an appropriate disposal ? Anonymousnoreply@blogger.com