A Practical Guide to Probation Breaches and Other Applications

This is the first book of its kind. It is designed to act as a companion to all practitioners, including solicitors, barristers, and members of the judiciary, engaged in probation breaches. It introduces the reader to the Probation Service and its role in the engagement and enforcement of court orders.The text guides readers through the procedure for engaging offenders with the requirements of a community order and the community requirements of a suspended sentence order. It follows the process from the initial warnings issued to an offender, through to contested breach hearings and sentencing for breach of such orders. For completeness, it also considers ancillary probation applications, including amendment, revocation of orders. The text cites key common law and statutory authorities, provides practical advice for those engaged in probation matters, and directs readers to further guidance available from the Probation Service and associated authorities.This text is a necessary resource for any practitioner, irrespective of experience. Whether it acts as a reference book, or a detailed source of information, it is an essential addition to any practitioner’s bookshelf.Foreword by The Recorder of Sheffield, HHJ Richardson KC.CONTENTSPART ONE - THE PROBATION SERVICE AND COURT ORDERS1 - An Introduction to Probation Breaches and Other Applications2 - Community-Based Court Orders: An Introduction3 - The Involvement of The Probation ServicePART TWO - PROBATION BREACHES4 - Getting an Offender to Court and Issues of Bail5 - Preparing a Breach Case or Application6 - Breach of Community Orders and Convictions for Further Offences7 - Breach of Suspended Sentence Orders8 - Contested Breach Proceedings9 - Sentencing Council Guidelines on Breach of OrdersPART THREE - PROBATION APPLICATIONS10 - Revocation of Orders11 - Amendment of OrdersAPPENDIX - Quick Reference and Common Errors