Casework and the Money Payment Supervision Order
| Author | Mark Monger |
| DOI | 10.1177/026455056601200105 |
| Published date | 01 March 1966 |
| Date | 01 March 1966 |
| Published By | Sage Publications, Inc. |
| Subject Matter | Articles |
14
of
my
views
about
the
system
of
sentencing.
It
is
not
inconsistent
with
the
principle
of
individualisation
to
which
the
probation
service
is
dedicated:
but
it
does
suggest
that
the
time
for
individualisation
comes
later-when
the
individual
has
shown
himself
to
be
a
problem.
On
the
other
hand,
there
is
no
doubt
that
my
argument
undermines
the
traditional
role
of
the
probation
officer,
and
so
may
frighten
some.
But
it
offers
instead
a
more
specialised
role
which
seems
to
me
both
more
logical
and
more
consistent
with
the
skill
and
insight
which
we
expect
of
the
modern
probation
oflicer.
CASEWORK
AND
THE
MONEY
PAYMENT
SUPERVISION
ORDER
Mark
Monger
Tutor,
Probation
Training
Course,
Vaughan
College,
Leicester
IF
ONE
TAKES
a
boat
up
one
of
our
larger
rivers,
occasionally
one
may
spot
a
tributary,
perhaps
narrow
and
overgrown,
which
one
might
explore
or
which
one
could
ignore
in
favour
of
pressing
on
towards
one’s
intended
destination.
If
the
latter
is
pleasant,
and
the
river
is
busy
or
at
least
interesting,
one
is
likely
to
leave
the
tributary
with
little
more
than
a
passing
thought.
It
is
rather
like
this
with
some
of the
less
exciting
and
important
of
the
many
duties
of
probation
officers,
amongst
which
the
Money
Payment
Supervision
Order
holds
a
well
established
if
self-effacing
position.
Well
established
it
cer-
tainly
is;
supervision
orders
of
this
kind
have
been
available
to
magistrates’
courts
(though
curiously,
not
to
the
higher
courts)
since
1935.
But
is
it
casework?
Before
attempting
to
discuss
this
last
question,
it
may
be
useful
to
sketch
in
the
legal
background
1 (readers
to
whom
this
does
not
appeal
could
jump
the
next
two
paragraphs).
The
relevant
sections
are
71
and
72
of
the
Magistrates’
Courts
Act
of
1952,
and
Rule
46
of
the
Magistrates’
Courts
Rules.
A
summary
of
the
provisions
is
as
follows:
a
magistrates’
court
having
imposed
a
fine,
or
ordered
payment
of
costs,
damages,
or
compensation,
may
place
the
offender
under
the
supervision
of
a
person
appointed
by
the
court;
this
is
normally
a
probation
officer
but
does
not
have
to
be.
The
order
continues
to
have
effect
until
the
sum
is
paid,
or
the
offender
is
committeed
to
prison
in
default
of
payment,
or
a
transfer
order
is
made
(under
s.
72).
An
offender
under
21
may
not
be
committed
to
prison
in
default
unless
first
placed
under
supervision,
unless
it
is
undesirable
or
impracticable
to
do
so.
Any
offender
placed
under
supervision
is
not
committed
to
prison
until
a
report
on
his
conduct
and
means
has
been
provided
for the
court
by
the
persons
responsible
for
supervision,
unless
it
is
not
reasonably
practicable
to
obtain
a
report.
It
is
the
duty
of
the
person
supervising
to
&dquo;advise
and
befriend
the
offender
with
a
view
to
inducing
him
to
pay
the
sum
adjudged
to
be
paid
and
thereby
avoid
committal
to
custody,
and
to
give
any
information
required
by
a
magistrates’
court
about
the
offender’s
conduct
and
means&dquo;.
Transfer
of
the
order
is
carried
out
where
the
offender
appears
to
live
outside
the
jurisdiction
of
the
court
making
the
order;
the
appropriate
court
then
assumes
responsibility
for
collecting
the
sum
and
if
it
thinks
fit,
making
a
new
super-
vision
order;
the
responsibility
of the
person
originally
responsible
for
super-
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