Quarter Sessions
| DOI | 10.1177/002201835001400102 |
| Published date | 01 January 1950 |
| Date | 01 January 1950 |
| Subject Matter | Article |
Quarter Sessions
TAKING
INTO
CONSIDERATION
A
'BREACH
OF
PROBATION
ORDER'
AT
the
West
Kent
Quarter
Sessions an accused (who was
amenable to
an
Order for Borstal Training) pleaded
guilty to an indictment containing two counts alleging
shopbreaking
and
larceny.
It
appeared
that
the
two
offences
had
been committed shortly after
the
accused
had
been released on probation from
the
Surrey Quarter
Sessions.
It
was desired
that
the
West
Kent
Court should
take
into
consideration
the
Surrey matter. The West
Kent
Court doubted whether
it
had
jurisdiction to do this
inasmuch as
the
case fell to be dealt
with
under
the
pro-
visions of
the
Criminal Justice Act 1948 (which
had
been
applied to all probationers from
the
Surrey Sessions).
Section 8subsections (5),
(6)
and
(7)
of
that
Act dealt
expressly with certain cases including
the
case where
an
accused before acourt of
quarter
sessions (or assizes)
had
previously been released on probation
by
court
of summary
jurisdiction. There was no express provision enabling a
court
of
quarter
sessions to deal with a
matter
which
had
resulted in a probation order being made
by
another court
of
quarter
sessions. The reason might well be, said
the
Chairman,
that
in view of
the
provisions of section 12
it
was undesirable
to
leave
the
former
proceedings"
in
the
air"
instead of terminating
them
by
aformal sentence so
that
they
would "
count"
in future as a conviction followed
by
asentence in case
the
provisions of sections 21
and
22 of
the
Act ever
had
to
be invoked in
the
case of
the
accused.
In
any
event
in
this
particular case
the
accused
had
success-
fully stolen £200 in cash
and
had
returned on a
later
night
with
~
younger companion to
the
same premises
and
there-
fore required Borstal Training (unless he was
sent
to
prison)
irrespective of
the
offence in Surrey which would
not
be
taken
into
consideration.
41
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