NCJ Number
62961
Date Published
1979
Length
124 pages
Annotation
THE AUSTRALIAN LAW REFORM COMMISSION EXAMINES THE LEGAL AND CRIMINOLOGICAL DIMENSIONS OF PROBATION AS AN OPTION FOR SENTENCING.
Abstract
PROBLEMS ARISING FROM THE UNDERLYING RATIONALE OF THE PROBATION DISPOSITION INCLUDE WHETHER PROBATION SHOULD BE CONSIDERED AS A SENTENCE; WHETHER IT SHOULD BE CONSIDERED AS SUBJECT TO APPEAL BY THE OFFENDER; WHETHER IT SHOULD BE ONE OF VARIOUS DISPOSITIONS FROM WHICH THE OFFENDER COULD CHOOSE. CONSIDERATION OF THE VALIDITY OF CONSENT BY AN OFFENDER TO THE DISPOSITION IS OF UTMOST IMPORTANCE, AS IS THE SUCCESS RATE OF THE PROBATION ORDER AS COMPARED WITH OTHER FORMS OF DISPOSITION. IN ADDITION, ADEQUATE RESOURCES ARE NEEDED TO ENSURE THAT PROBATION SERVICES FUNCTION PROPERLY AND ADEQUATELY. WITH A REDUCTION BOUGHT ABOUT IN THE EXPENSES OF IMPRISONMENT DUE TO DEINSTITUTIONALIZATION, RESOURCES FROM THAT AREA COULD BE CHANNELED INTO PROBATION SERVICES. PROBATION OFFICERS SHOULD ALSO SERVE A DUAL ROLE AS PRESENTENCE REPORTERS AND SUPERVISORY OFFICERS AND USE SHOULD BE MADE OF COMMUNITY VOLUNTEERS. OPTIONS SIMILAR TO PROBATION INVOLVE DISCHARGE WITHOUT CONVICTION, COMMON LAW BOND AND COMMON LAW BIND-OVER, SUSPENDED SENTENCE, AND SPLIT SENTENCE. EXTENSIVE RECOMMENDATIONS WITH REGARD TO PROBATION ARE PROVIDED. FOOTNOTES AND AN APPENDIX ON RELEVANT PROVISIONS FOR AUSTRALIAN JURISDICTIONS REGARDING PROBATION ARE INCLUDED. A COPY OF THE TERMS OF REFERENCES FOR THE AUSTRALIAN LAW REFORM COMMISSION'S REFERENCE ON SENTENCING IS INCLUDED. (MJW)