P I ffle
| Published date | 01 September 1989 |
| Author | Roger Henry |
| Date | 01 September 1989 |
| DOI | 10.1177/026455058903600320 |
| Subject Matter | Articles |
often as not it is possible to witness in
of conditions that was not accom-
joint meetings the healing of wounds,
panied by a penalty. (I can, however,
the resolution of misunderstandings
remember a court imposing a condi-
and, sometimes, the unprompted offer
tional discharge, thinking to be lenient,
by one parent to consider withdraw-
and then discovering they had in-
ing an application for custody.
advertently nullified the original order,
since this had to be interpreted as ’deal-
Craig Steeland
ing with the original offence
Court Welfare Officer, Retford
The general rule should be,
Editor’s Note: Mrs
Justice Booth made
therefore, that if an officer breaches a
her comments at the annual con-
client, the expectation will usually be
ference held by the President of the
a fine, or dealing with the original of-
Family Division for circuit judges,
fence. The officer should be prepared
Autumn 1988. She had accepted the in-
to indicate which
is more suitable, and
vitation of the Birmingham Court
to plan strategy when initiating the
Welfare Team to observe a family inter-
breach.
view. The co-worker who
sat with Mrs
Justice Booth throughout the session
John Goslin
indicates that she made
Probation
no critical
Officer, Bournemouth
comments at the time and appeared
Breach of
probation order condition is
impressed with the work undertaken.
not an ‘offence’, in my view, and
The team were surprised by her subse-
therefore the Court is not obliged to
quent comments. Birxningham workers
record a penalty. The Clerk to the
have described their approach in this
Justices of the court in question has
and other journals on a number of
since agreed that in exceptional cir-
occasions.
cumstances no action need be taken.
Unto the Breach
Editor
Regarding
P I ffle
your answer to the query
’Clerical error?’ (‘In Court’June 1989),
1 write
As a less than avid reader of Probation
to express the view that the
Clerk of the Court was perfectly cor-
Journal, I perchanced to...
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