Probation gives a person who has committed an offence the chance to be of good behaviour while getting support to avoid further offending.
The making of an order
What probation involves
What happens if the conditions of the order are broken
Probation programmes
The completion of an order
Explanation
The court can make a probation order lasting between six months and three years. Three standard conditions are attached:
- to be of good behaviour
- to conform to the directions of the supervising officer
- to inform the supervising officer at once of change of address or employment
In addition to these, the court can add any number of other conditions, for example:
- paying compensation
- attending drug or alcohol counselling
- carrying out unpaid work
- living in a certain place
- having medical or psychiatric treatment
- direct attendance at a specific programme
The making of a probation order
When someone has been convicted of an offence the court may ask for a social enquiry report to be completed before deciding what action to take. This report, which is an assessment carried out by a social worker, gives the court background information on the person appearing and looks at the different options open to the court to deal with the case.
If the court feels that social work assistance and supervision may help the person avoid getting into trouble in the future then a probation order may be imposed.
Back to top
What does probation involve?
Someone who is placed on probation will have to keep regular contact with their social worker and comply with all condition of the order. Contact will be maintained with individuals as required to ensure firm supervision of the probation conditions and may vary according to individual circumstances. During probation, social worker will visit the person’s home and may involve family members to ensure the order is completed successfully.
The social worker has to make sure that the conditions of the probation order are being met and also to help the probationer avoid further trouble. This involves discussing previous offences committed and looking at ways to avoid this happening again. The social worker may also direct the probationer to attend counselling or other programmes if they assess that it will help him or her avoid further trouble.
Back to top
What would happen if the conditions of a probation order were broken?
There are two ways to breach a probation order:
- by not keeping to any of the requirements shown on the order. The social worker has to inform the court by submitting a breach of probation report. The court can then order the offender to appear and can impose an alternative sentence, for example:
- a custodial sentence
- replace the order with another sentence
- impose a fine and let the probation continue
- change the probation order, for example by making it longer or adding conditions
- by committing another offence. Again, the social worker has to inform the court by submitting a breach of probation report. The court can sentence the offender for the new offence and for the original offence they were placed on probation for. The court can allow the probation order to continue, with or without changes
Back to top
Probation programmes
As well as reporting to their social worker regularly, it is expected that all probationers attend a groupwork programme which helps develop problem solving skills. This programme is often run in local areas and is designed to equip offenders with skills to avoid further offending.
There are also citywide programmes that are more specific to certain types of offences:
- Clyde Quay project works with people who have committed offences of a sexual nature
- Probation Resource Unit runs the "CHANGE" domestic violence programme. This unit also runs other citywide programmes such as anger management and programmes for female offenders
- Glasgow Council on Alcohol run a twelve week Alcohol Crime Education (ACE) programme
Back to top
The completion of a probation order
If someone makes good progress on a probation order, the social worker may consider applying to court for an early discharge. It is not necessary to have to appear at court to get an early discharge granted.
If an early discharge is not applied for, and the probation order is completed successfully, then the social worker will submit a completion report to court. Again no appearance at court is necessary.
Contact details
For information about city-wide Criminal Justice services and related Web sites, see useful links page.
For information on how to comment on or complain about the service you receive see Your Views
Our commitment to you
Back to top