Breach of Probation
| DOI | 10.1177/002201835101500311 |
| Published date | 01 July 1951 |
| Date | 01 July 1951 |
| Subject Matter | Article |
Breach
of
Probation.
TIME
FOR
ISSUING
PROC$SS.
Under
the
Probation of Offenders Act, 1907 there was
room for discussion concerning
the
time limit during which
an
information could be laid against aprobationer for a
breach of
the
conditions of
the
recognizance,
and
it
was
widely held
that
such
an
information
had
to be laid within
the
period of
the
currency of
the
recognizance .or within
six months of
the
breach whichever period was
the
longer.
It
was no doubt
the
remembrance of this limitation which
led to a recent discussion as to whether asimilar limitation
applies in respect of probation orders made under
the
Criminal Justice Act, 1948.
In
the
case which gave rise
to
this query adefendant,
who
had
been placed on probation, suddenly ceased
to
report
to
the
probation officer, and disappeared entirely.
It
was believed, on good information,
that
he
had
returned
to
Ireland, so no application was made to
the
court for a
summons or warrant in respect of his failure to comply with
the
requirements of
the
order
that
he should keep in touch
with
the
probation officer. A year later
it
was brought
to
the
notice of
the
court
that
the
defendant
had
in fact never
returned
to
Ireland,
and
that
during
the
currency of
the
probation order he
had
been convicted
by
another court of
afurther offence. Owing to some misunderstanding this
second court was not informed
that
the
defendant was on
probation, nor was this second conviction brought to
the
notice of
the
original court until more
than
six months
after
the
expiration of
the
period of probation.
In
these circumstances doubt was expressed as to
the
court's powers
to
issue process,
but
the
wording of s.8 of
the
Criminal Justice Act, 1948 really leaves little room for
doubt
on this point. Under this section ajustice on whom
jurisdiction is conferred
by
the
section
may
issue a summons
or awarrant,
if
it
appears
to
him
that
aprobationer (or a
326
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