Probation Service Act 1993
| Year | 1993 |
Probation Service Act 1993
1993 CHAPTER 47
An Act to consolidate certain enactments relating to the probation service and its functions and to arrangements for persons on bail and the rehabilitation of offenders, with amendments to give effect to recommendations of the Law Commission.
[5th November 1993]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Probation areas
1 Probation areas.
1. The following areas are probation areas, that is to say—
(a) the inner London probation area constituted under section 2;
(b) any other combined probation area constituted under that section; and
(c) any petty sessions area which is not included in a probation area so constituted.
2 Probation areas comprising two or more petty sessions areas.
(1) The Secretary of State may by order make provision for combining any two or more petty sessions areas in one probation area.
(2) Before making an order the Secretary of State shall give the justices acting for any petty sessions area affected by the order an opportunity of making representations about it, and shall consider any such representations.
(3) The Secretary of State—
(a) shall make provision in an order for combining in one probation area (in this Act referred to as ‘the inner London probation area’) all of the petty sessional divisions of the inner London area; and
(b) may make provision in an order for including in the inner London probation area one or more petty sessions areas outside the inner London area.
(4) An order may contain such incidental and consequential provision as appears to the Secretary of State to be expedient.
(5) Any magistrates' courts committee may submit proposals for an order to the Secretary of State, who shall consider any such proposals.
(6) In this section ‘an order’ means an order under subsection (1).
Probation committees
3 Constitution of probation committees.
(1) There shall be a probation committee for every probation area.
(2) A probation committee shall be a body corporate.
(3) Schedule 1 has effect with respect to the membership of probation committees and the travelling and other allowances payable to members.
4 General functions in relation to probation officers.
(1) It is the duty of a probation committee—
(a) to appoint probation officers for their probation area and to pay to the officers so appointed such remuneration, allowances and expenses as may be determined under section 15;
(b) to provide for the efficient carrying out of the work of probation officers;
(c) to make arrangements for the selection, from the probation officers appointed for or assigned to a petty sessions area within their probation area, of an officer to supervise any person subject to a probation order naming that petty sessions area;
(d) to make arrangements for the selection, from the probation officers appointed for or assigned to such a petty sessions area, of an officer to supervise any person subject to a supervision order (within the meaning of the Children and Young Persons Act 1969 ) naming that petty sessions area;
(e) to make such payments and to such persons as may be prescribed in respect of persons under the supervision of probation officers who are qualifying persons; and
(f) to perform such other duties in connection with the work of probation officers as may be prescribed.
(2) The appointment of probation officers under subsection (1)(a) is subject, in the case of such classes or descriptions of probation officers as may be prescribed, to the approval of the appointment by the Secretary of State.
(3) The number of probation officers appointed under subsection (1)(a) shall be such as may be determined by the probation committee or, where objection is made by a responsible authority for the probation area—
(a) as may be agreed between the committee and the responsible authority or authorities for that area, or
(b) as may in default of agreement be determined by the Secretary of State,
to be sufficient for the probation area.
(4) The arrangements required by paragraph (c) or (d) of subsection (1) include, for cases in which it is necessary or desirable to replace the selected probation officer, arrangements for the selection of another officer from among those appointed or assigned to the petty sessions area in question.
(5) A person under the supervision of a probation officer is a ‘qualifying person’ for the purposes of subsection (1)(e) if he is required by a probation order to reside in any place other than for the purpose of submitting to treatment for his mental condition as a resident patient.
5 Functions in relation to children and young persons.
5. A probation committee may provide facilities for enabling—
(b) requirements included in a supervision order by virtue of section 12A(3) of that Act, and
to be carried out effectively.
6 Arrangements for performing work under community service orders.
(1) It is the duty of a probation committee to secure that arrangements for persons to perform work under community service orders are made for each petty sessions area comprised in their probation area.
(2) For the purposes of any such arrangements made for the whole or part of their area, the probation committee may—
(a) appoint staff or provide accommodation, equipment, materials and transport;
(b) make payments to any society or body in respect of services rendered by them;
(c) defray travelling and other expenses in connection with the performance of work by persons subject to community service orders.
7 Provision of certain establishments.
7. A probation committee may, with the approval of the Secretary of State, provide and carry on bail hostels, probation hostels and other establishments for use in connection with the rehabilitation of offenders.
8 Provision of financial assistance.
(1) It is the duty of a probation committee to make such payments and to such persons as may be prescribed in respect of persons accommodated in bail hostels and probation hostels.
(2) A probation committee may, in such cases and in such manner as may be prescribed, give financial and other assistance—
(a) to persons remanded on...
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