Probation Service Act 1993 (repealed)

Probation areas

Probation areas

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The following areas are probation areas, that is to say—

• (a) the inner London probation area constituted under section 2;

• (b) any other combined probation area constituted under that section; and

• (c) any petty sessions area which is not included in a probation area so constituted.

Probation areas comprising two or more petty sessions areas

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• (1) The Secretary of State may by order make provision for combining any two or more petty sessions areas in one probation area.

• (2) Before making an order the Secretary of State shall give the justices acting for any petty sessions area affected by the order an opportunity of making representations about it, and shall consider any such representations.

• (3) The Secretary of State—

• (a) shall make provision in an order for combining in one probation area (in this Act referred to as “the inner London probation area”) all of the petty sessional divisions of the inner London area; and

• (b) may make provision in an order for including in the inner London probation area one or more petty sessions areas outside the inner London area.

• (4) An order may contain such incidental and consequential provision as appears to the Secretary of State to be expedient.

• (5) Any magistrates' courts committee may submit proposals for an order to the Secretary of State, who shall consider any such proposals.

• (6) In this section “an order” means an order under subsection (1).

Probation committees

Constitution of probation committees

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• (1) There shall be a probation committee for every probation area.

• (2) A probation committee shall be a body corporate.

• (3) Schedule 1 has effect with respect to the membership of probation committees and the travelling and other allowances payable to members.

General functions in relation to probation officers

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• (1) It is the duty of a probation committee—

• (a) to appoint probation officers for their probation area and to pay to the officers so appointed such remuneration, allowances and expenses as may be determined under section 15;

• (b) to provide for the efficient carrying out of the work of probation officers;

• (c) to make arrangements for the selection, from the probation officers appointed for or assigned to a petty sessions area within their probation area, of an officer to supervise any person subject to a probation order naming that petty sessions area;

• (d) to make arrangements for the selection, from the probation officers appointed for or assigned to such a petty sessions area, of an officer to supervise any person subject to a supervision order (within the meaning of the Children and Young Persons Act 1969) naming that petty sessions area;

• (e) to make such payments and to such persons as may be prescribed in respect of persons under the supervision of probation officers who are qualifying persons; and

• (f) to perform such other duties in connection with the work of probation officers as may be prescribed.

• (2) The appointment of probation officers under subsection (1)(a) is subject, in the case of such classes or descriptions of probation officers as may be prescribed, to the approval of the appointment by the Secretary of State.

• (3) The number of probation officers appointed under subsection (1)(a) shall be such as may be determined by the probation committee or, where objection is made by a responsible authority for the probation area—

• (a) as may be agreed between the committee and the responsible authority or authorities for that area, or

• (b) as may in default of agreement be determined by the Secretary of State,

to be sufficient for the probation area.

• (4) The arrangements required by paragraph (c) or (d) of subsection (1) include, for cases in which it is necessary or desirable to replace the selected probation officer, arrangements for the selection of another officer from among those appointed or assigned to the petty sessions area in question.

• (5) A person under the supervision of a probation officer is a “qualifying person” for the purposes of subsection (1)(e) if he is required by a probation order to reside in any place other than for the purpose of submitting to treatment for his mental condition as a resident patient.

Functions in relation to children and young persons

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A probation committee may provide facilities for enabling—

• (a) directions given by a supervisor by virtue of section 12(2) of the Children and Young Persons Act 1969,

• (b) requirements included in a supervision order by virtue of section 12A(3) of that Act, and

• (c) directions under paragraph 2 or 3 of Schedule 3 to the Children Act 1989,

to be carried out effectively.

Arrangements for performing work under community service orders

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• (1) It is the duty of a probation committee to secure that arrangements for persons to perform work under community service orders are made for each petty sessions area comprised in their probation area.

• (2) For the purposes of any such arrangements made for the whole or part of their area, the probation committee may—

• (a) appoint staff or provide accommodation, equipment, materials and transport;

• (b) make payments to any society or body in respect of services rendered by them;

• (c) defray travelling and other expenses in connection with the performance of work by persons subject to community service orders.

Provision of certain establishments

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A probation committee may, with the approval of the Secretary of State, provide and carry on bail hostels, probation hostels and other establishments for use in connection with the rehabilitation of offenders.

Provision of financial assistance

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• (1) It is the duty of a probation committee to make such payments and to such persons as may be prescribed in respect of persons accommodated in bail hostels and probation hostels.

• (2) A probation committee may, in such cases and in such manner as may be prescribed, give financial and other assistance—

• (a) to persons remanded on bail; and

• (b) to persons in relation to whom probation officers appointed for their area have responsibilities.

General power to make grants in prescribed cases

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Without prejudice to their powers apart from this section, a probation committee may, in prescribed cases, make such payments and to such persons as may be prescribed.

Provision of accommodation by responsible authorities

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• (1) This section applies in any case where the expenses of a probation committee in providing any accommodation would fall under this Act to be defrayed by the responsible authority or authorities for the probation area in question.

• (2) A responsible authority for that area may, with the agreement of the probation committee and (if the expenses would have fallen to be defrayed in part by one or more other responsible authorities) of the other responsible authority or authorities, itself provide the accommodation in question for the use of the committee.

• (3) Where a local authority provides accommodation with the agreement of one or more other responsible authorities, the expenses of providing it shall be apportioned between them—

• (a) where all or any of the authorities concerned are councils of metropolitan districts or outer London boroughs, in proportion to the populations of their respective areas; or

• (b) in any other case, in such manner as may be agreed between the authorities concerned or (in default of agreement) determined by the Secretary of State.

Default power where probation committee fails to discharge duty

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• (1) If the Secretary of State is of the opinion that, without reasonable excuse, a probation committee—

• (a) is failing properly to discharge any duty imposed on it by or under any enactment; or

• (b) has so failed and is likely to do so again;

he may by order make such provision as he considers requisite for the purpose of securing that the duty is properly discharged by the committee.

• (2) The order shall state that the Secretary of State is of the opinion mentioned in subsection (1).

• (3) It shall be the duty of the committee to comply with the provision made by the order.

Probation liaison committees

Constitution of probation liaison committees

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• (1) There shall be one or more probation liaison committees for every petty sessions area outside the inner London probation area.

• (2) The probation committee for any area outside the inner London probation area shall pay—

• (a) the expenses of a probation liaison committee for a petty sessions area in their probation area; and

• (b) any allowances due under paragraph 10 of Schedule 1 to members of any such committee.

• (3) Where two or more petty sessions areas outside the inner London probation area form the whole or part of a probation area, the probation committee may if they think fit determine that there shall be one or more joint probation liaison committees for those petty sessions areas.

• (4) The probation committee for the inner London probation area may appoint such probation liaison committees, for such areas within that area, as the probation committee may determine; and the probation committee shall pay the expenses of any committee so appointed.

• (5) Schedule 1 has effect with respect to the membership of probation liaison committees and the travelling and other allowances payable to members.

General functions of probation liaison committees

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• (1) It is the duty of a probation liaison committee for an area outside the inner London probation area to review the work of probation officers and to perform such other duties in connection with the work of probation officers as may be prescribed.

• (2) It is the duty of any probation liaison committee appointed for an area within the inner London probation area to exercise functions conferred on probation liaison committees for areas outside that probation area, to such extent and in such cases as may be determined by the probation committee for that probation area.

Probation officers

General functions of probation officers

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It is the duty of probation officers—

• (a) to supervise the probationers and other persons placed under their supervision and to advise, assist and befriend them;

• (b) with a view to assisting the court in determining the most suitable method of dealing with a person’s case, to inquire (in accordance with any directions of the court) into, and make reports on, his circumstances or home surroundings;

• (c) to advise, assist and befriend, in such cases and in such manner as may be prescribed, persons who have been released from custody; and

• (d) to perform such other duties as may be prescribed.

Conditions of service

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The conditions of service of probation officers shall be such as the Secretary of State may from time to time determine.

Adjustment of expenses between probation committees

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• (1) Where a probation officer is appointed for more than one probation area—

• (a) his salary and any expenses incurred by him or by a probation committee in respect of the performance of his duties; and

• (b) any expenses incurred in respect of a superannuation allowance, gratuity or compensation payable under any regulations under section 7 of the Superannuation Act 1972 to or in respect of that officer or any clerk appointed to assist him,

shall be apportioned between the probation committees for the areas for which he is appointed in such manner as may be agreed between those committees or (in default of agreement) determined by the Secretary of State.

• (2) Before any agreement is made under this section, the committees concerned shall consult the responsible authorities for the probation areas concerned.

Probation committee expenditure

Probation committee expenditure: general

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• (1) The qualifying expenses of probation committees shall, subject to subsections (4) and (5), be paid out of the metropolitan police fund or defrayed by local authorities in accordance with sections 18 and 19.

• (2) In this Act any reference to the qualifying expenses of a probation committee is a reference to any expenses incurred by them in the performance of their functions other than any expenses incurred by them in providing and carrying on bail hostels and probation hostels.

• (3) Without prejudice to the generality of subsection (2), the expenses falling within that subsection include—

• (a) the payment of allowances due under paragraph 10 of Schedule 1; and

• (b) any expenses incurred by the committee in respect of superannuation allowances, gratuities or compensation payable by virtue of regulations under section 7 of the Superannuation Act 1972 to or in respect of probation officers and clerks appointed to assist them.

• (4) Nothing in section 18 or 19 requires—

• (a) there to be paid out of the metropolitan police fund any sums which would cause the expenditure under this Act out of that fund in any year to exceed the amount which, in relation to that expenditure and that year, is the relevant amount for that fund; or

• (b) any local authority to defray any sums which would cause its expenditure under this Act in any year to exceed the amount which, in relation to that expenditure and that year, is the relevant amount for that authority.

• (5) In subsection (4) the “relevant amount”, for any year, is the amount which, in relation to expenditure out of the metropolitan police fund or expenditure of any local authority, is for the time being determined for that year by the Secretary of State under section 21(1)(b).

• (6) References in this section to a local authority do not include a reference to the Receiver.

Expenditure of the inner London probation committee

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• (1) Such sums as the Secretary of State may direct to meet the qualifying expenses of the probation committee for the inner London probation area—

• (a) shall be partly paid out of the metropolitan police fund and partly defrayed by any responsible authority for the inner London probation area (other than the Receiver); and

• (b) shall be paid or defrayed in such proportions as may be agreed between the Receiver and the other responsible authority or authorities or (in default of agreement) determined by the Secretary of State.

• (2) If the inner London probation area does not include any petty sessions area outside the inner London area, the sums mentioned in subsection (1) shall be paid out of the metropolitan police fund.

Expenditure of probation committees outside inner London

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• (1) The sums required to meet the qualifying expenses of a probation committee (other than the committee for the inner London probation area) shall be defrayed, in accordance with rules made under this Act, by the responsible authority or authorities for that area.

• (2) Where there are two or more responsible authorities for a probation area, the sums to be defrayed shall be apportioned between those authorities—

• (a) where all or any of them are councils of metropolitan districts or outer London boroughs, in proportion to the populations of their respective areas; and

• (b) in any other case, in such manner as may be agreed between them or (in default of agreement) determined by the Secretary of State.

Grants by the Secretary of State

Grants by the Secretary of State: general

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• (1) The Secretary of State may pay such sums as he may, with the approval of the Treasury, determine, for any purpose mentioned in subsection (2).

• (2) Payments under this section may be made—

• (a) towards the expenditure of local authorities, and the expenditure out of the metropolitan police fund, under this Act;

• (b) towards the expenditure of probation committees in providing and carrying on bail hostels and probation hostels under section 7;

• (c) towards the expenditure of any society or person in enlarging, improving or carrying on any premises which are or will be a bail hostel or an approved probation hostel;

• (d) towards the expenditure of any society or individual engaged in supervising or assisting—

• (i) persons convicted of offences with a view to their rehabilitation; or

• (ii) persons on bail;

• (e) towards the expenditure of any body approved by the Secretary of State in the training of probation officers (or of persons for appointment as probation officers);

• (f) towards the expenditure of any body approved by the Secretary of State in the training of persons serving in approved bail hostels, in approved probation hostels or in any other place in which offenders or persons awaiting trial may be detained (or in the training of persons for appointment to serve in any such hostel or place);

• (g) towards the expenditure of any body or person approved by the Secretary of State in the conduct of research into the causes of delinquency and the treatment of offenders, and matters connected therewith.

• (3) Payments under this section may be made subject to such conditions as the Secretary of State may, with the approval of the Treasury, determine.

• (4) This section has effect subject to section 21 (limits on payments) and section 22 (supplementary provisions).

Limits on payments under section 20

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• (1) The amount of any payments under section 20 towards any person’s expenditure, or towards any expenditure out of the metropolitan police fund, in any year shall not exceed the appropriate percentage of—

• (a) that expenditure, or

• (b) the amount which, in relation to that expenditure and that year, is for the time being determined by the Secretary of State,

whichever is the less.

• (2) In subsection (1) “the appropriate percentage”, in relation to expenditure of any description, means the percentage which, in relation to expenditure of that description, is for the time being determined by the Secretary of State.

Grants under section 20: supplementary

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