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NCJ Number: 63055 Find in a Library
Title: PROBATION AND SENTENCING (ENGLAND)
Author(s): J HICKS
Corporate Author: National Assoc of Probation Officers
Ambassador House
United Kingdom
Date Published: 1976
Page Count: 8
Sponsoring Agency: National Assoc of Probation Officers
Surrey, CR4 7JG, England
Language: English
Country: United Kingdom
Annotation: IN VIEW OF PROBATION OFFICERS' INFLUENCE ON SENTENCING PROCESSES, THE ROLE AND FUNCTION OF PROBATION AND AFTERCARE SERVICE (PACS) IN ENGLAND IS DISCUSSED IN RELATION TO A BROAD DEFINITION OF SENTENCING.
Abstract: THIS CONCEPT OF SENTENCING INCLUDES A NUMBER OF DECISIONMAKING PROCESSES THAT TAKE PLACE BEFORE, AFTER, AND OCCASIONALLY IN PLACE OF COURT PROCEEDINGS. SUSPENDED SENTENCE, CONDITIONAL DISCHARGE, PROBATION ORDER, PRISON ALLOCATION, EARLY RELEASE ON PAROLE, AND CUSTODY AND CONTROL (REPLACING IMPRISONMENT), ARE EXAMPLES OF 'SECONDARY' SENTENCING. 'PREPRIMARY' SENTENCING DIVERTS A CASE FROM FORMAL JUDICIAL PROCEDURE, AS IN SOCIAL WORK INVOLVEMENT IN LIEU OF PROSECUTION. SECONDARY SENTENCING IMPLIES THAT COURTS' DECISIONS ARE SUBSEQUENTLY AMENDED BY OTHER AGENCIES, AND PREPRIMARY DECISIONS AFFECT OFFENDERS EVEN BEFORE GUILT HAS BEEN ADMITTED OR ESTABLISHED IN COURT. TO VARYING DEGREES OF FORMALITY, PACS IS INVOLVED IN ALL OF THESE PROCESSES, ARISING FROM ITS ORIGINAL FUNCTION OF SUBMITTING SOCIAL INQUIRY REPORTS FOR USE OF THE COURT WITH BACKGROUND INFORMATION ON THE OFFENDER. MOREOVER, COURT ORDERS OF SUPERVISION DIRECTLY CALL UPON PACS IN ITS PRIMARY ROLE OF CARING FOR OFFENDERS. BESIDES THEORETICAL QUESTIONS ABOUT THE QUALIFICATIONS, MOTIVES, AND RESPONSIBILITY FOR SENTENCING, PRACTICAL QUESTIONS ARE RAISED ABOUT PACS ABILITY TO BALANCE TIME AND MANPOWER BETWEEN ITS TWO DUTIES, CARING FOR OFFENDERS AND INFLUENCING SENTENCING PROCESSES. (MRK)
Index Term(s): England; Post-conviction remedies; Probation or parole agencies; Probation or parole decisionmaking; Sentencing/Sanctions
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=63055

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