What is probation, your rights and responsibilities
What is probation and its history?
Probation is a system, working in coherence with the criminal justice system, to monitor offenders in the community, without incarcerating them, under conditions discussed within court. Through the understanding of probation and the responsibilities individuals are given, offenders will have the opportunity to learn life skills in order to maintain social order. Probation differs from parole as it is utilised as an alternative to imprisonment, whereas parole is the early release from incarceration.
Originating from voluntary work in the mid 19th century, the formation of the Probation of Offenders act in 1907 was a policy constructed to be used as a replacement or following a prison sentence. "As much as the entrepreneurial ideology stressed the significance and importance of all in society sharing a similar outlook, it also stressed the right of the individual to pursue his own ends" (Young, 1976), this conveys the importance of allowing the opportunity for an individual to have a second chance at redeeming their actions and contribute to bettering themselves instead of punitively imprisoning them. Probation was aimed to rehabilitate offenders, under the promise that they would behave in the future, this required an environment where the offender would work in one-to-one sessions in building relationships and problem solving, taking steps to ensure inclusion. However, in more contemporary society, probation has become focused on the control of offenders, managing the risk they pose to the community and ensuring the protection of the public above rehabilitation of offenders.
Due to public criticism in recent years, the probation system has become increasingly exclusionary, directing focus towards restricting offenders from certain activities and movement whilst also depriving them of liberty, by the utilisation of curfews, even after their sentence has been served. This is perceived to ensure the offender has a gradual transition into society and maintain their good behaviour through surveillance and management of drug tests. In doing so enables all individuals to be correctly rehabilitated, promoting positive change in their behaviour whilst simultaneously limiting opportunities for public victimisation. Canton, (2018), argues "to regard probation supervision as simply as imposition of hardship would be to misunderstand its aims and aspirations", as the goal of probation is to 'rehabilitate' and 'reintegrate' offenders into society in an effort to decrease rates of recidivism.
What reason could you be on probation?
An individual may be placed on probation if they are considered to be a low or medium risk to society, as opposed to incarceration. The performance of risk assessments allows a board to evaluate an offender's risk level in consideration of the crime committed and a deduction on whether the offender shows remorse or regret for their actions. Risk prediction tools are also utilised to determine whether an offender would benefit from the release without putting the public at risk. Padfield (2013), states "when properly integrated into the process, statistical 'risk of reconviction' scores are also valuable". This is because it allows board members to come to a conclusion when granting parole as using a risk assessment in part with empirical evidence to come to an informed decision.
Evaluation entails reconstructing past behaviour, observing current behaviour and then interpreting the available information to anticipate likely future conduct (Werth, 2017). Allowing offenders probation or parole, helps to conserve public resources that would otherwise be used within prisons, whilst also being beneficial in prevention to overcrowding within prisons. Parole personnel within prisons construct a pre-parole report, which states the offender's criminal history, recommendations on supervision level and an interview with the offender. From this the board can make informed moral decisions on the level of supervised release and programmes that require attendance and would benefit the offender.
What are your rights and responsibilities?
An individual's rights are heavily debated within the parole system, however it is essential that all offenders are treated fairly no matter the crime committed. The offender must be treated without bias and ensure the supervision level and conditions are suitable to the offence committed, for example an individual charged with vandalism could be given an electronic tag and a curfew, controlling movement beyond certain times and decreasing the opportunity to reoffend.
Offenders are also given the chance to appeal the conditions of their probation if they believe the decision was based on discrimination or the period of probation is too long based on their offence. Although every individual has a right to privacy, probation may limit its extent, as certain conditions of an offender's probation may require them to report or attend appointments under the supervision of their probation officer. On the other hand, offences such as child molestation, may require the surveillance and monitoring of the offender's online data to ensure the offender is not accessing anything that would break the conditions of their probation.
The offender also has responsibilities such as check-ins with their probation officer, appointments to programmes which can prove beneficial and drug-tests. An offender must also conform to the conditions of an electronic tag if provided one as to follow conditions of parole, however if there are any issues with the device they must inform the probation officer immediately. If any of the conditions under the probation are not complied with, consequences may be given such as an extended probation period or even re-incarceration.
Working with your probation officer
Whilst on probation, it is essential that you work with your probation officer to communicate effectively and therefore meet the conditions of your probation, avoiding incarceration. Introducing motivational communication strategies to probation work has proven impactful to offenders (Vanstone, Rudes and Taxman, 2016), helping them to continue good behaviour and motivating them to stay true to the probation conditions. However this is only effective if the probation officer provides unconditional positive regard, to keep the offender engaged with the probation terms and not stray. If the conditions of the probation are met throughout the probation period, the offender will be able to reintegrate into society, learn more about resettlement and the support services available in section two.
Bibliography
Canton, R. (2018). 'Probation and the philosophy of punishment'. Probation Journal, 65(3). Pp252-268. Available at: https://doi.org/10.1177/0264550518776768 (Accessed: 29 April 2025)
Padfield, N. (2013). Who to release? Edited by Nicola Padfield. Cullompton: Willan.
Vanstone, M. (2017). Supervising offenders in the community: A history of probation, theory and practice. Abingdon, Oxon: Routledge, Taylor & Francis Group.
Viglione, J. Rudes, D.S. and Taxman, F.S. (2016). 'Probation officer use of client-centered communication strategies in adult probation settings', Journal of Offender Rehabilitation, 56(1). Pp38-60. DOI:10.1080/10509674.2016.1257534 (Accessed: 30 April 2025)
Werth, R. (2017). 'INDIVIDUALIZING RISK: MORAL JUDGMENT, PROFESSIONAL KNOWLEDGE AND AFFECT IN PAROLE EVALUATIONS'. The British Journal of Criminology, 57(4). Pp808-827. Available at: https://www.jstor.org/stable/44503581. (Accessed: 29 April 2025)
Young, P. (1976). 'A Sociological Analysis of the Early History of Probation'. British Journal of Law and Society, 3(1). Pp44-58. Available at: https://doi.org/10.2307/1409798. (Accessed: 29 April 2025)