NCJ Number
79145
Journal
Social Defence Volume: 15 Issue: 57 Dated: (July 1979) Pages: 17-27
Date Published
1979
Length
11 pages
Annotation
This Indian article traces the history of probation legislation in Great Britain and India and examines factors which have influenced the development of probation services in both countries.
Abstract
The first probation statute in England, the Summary Jurisdiction Act of 1879, provided for the release of offenders on their own recognizance by courts of summary jurisdiction and simply codified what was being practiced under common law. The 1887 Probation of First Offenders Act extended these provisions to first offenders convicted of major crimes. Supervisory mechanisms, including salaried probation officers, were established in 1907 with the Probation of Offenders Act. This law was superseded by the 1948 Criminal Justice Act which allowed courts to impose certain requirements on probation orders and clarified many probation procedures. Subsequent laws have extended probation officers' responsibilities to include certain classes of offenders released from institutions, expanded community service programs, and established day training centers for probationers. In 1972, legislation made the combination of a compulsory form of supervision with a suspended sentence possible for the first time. Although India's 1898 Code of Criminal Procedures provided for probation and several States subsequently enacted probation laws, legislation by the central government to bring uniformity to the probation system was not passed until 1958. The central statute covers a wider range of offenses than the State laws and requires presentence reports by the probation officer for offenders under 21. In India, persons treated under the probation system do not suffer from any legal stigmas, such as ineligibility to enter government service. Unlike Great Britain, the judiciary in India did not take much interest in probation work and progress has been slower. A system of hostels for probationers and persons released on bail has been established in Britain and could probably alleviate India's problems of overcrowded prisons. India also needs a national association of probation and other correctional officers to develop professional standards of service.