A Practical Guide to Probation Breaches and Other Applications

A Practical Guide to Probation Breaches and Other Applications is the first book of its kind. The text is designed to act as a companion to all practitioners, including solicitors, barristers, and members of the judiciary, engaged in probation breaches. The text 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, the text 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, A Practical Guide to Probation Breaches and Other Applications is an essential addition to any practitioner’s bookshelf. Foreword by The Recorder of Sheffield, HHJ Richardson KC. ABOUT THE AUTHOR Mark Thomas is a practising barrister on the North Eastern Circuit. Mark practising solely in criminal law and has experience prosecuting and defending cases in both the Crown Court and magistrates’ courts. He regularly prosecutes and defends in Probation breaches and applications, and regularly advises the Probation Service on the relevant legal principles relating to Probation matters. Prior to his time as a barrister, Mark taught law at an undergraduate and postgraduate level. Mark has published widely in the field of criminal law and evidence, and holds a key role in the development of a series of texts designed for those embarking on a career as a solicitor. CONTENTS PART ONE – THE PROBATION SERVICE AND COURT ORDERS Chapter One – An Introduction to Probation Breaches and Other Applications Chapter Two – Community-Based Court Orders: An Introduction Chapter Three – The Involvement of The Probation Service PART TWO – PROBATION BREACHES Chapter Four – Getting an Offender to Court and Issues of Bail Chapter Five – Preparing a Breach Case or Application Chapter Six – Breach of Community Orders and Convictions for Further Offences Chapter Seven – Breach of Suspended Sentence Orders Chapter Eight – Contested Breach Proceedings Chapter Nine – Sentencing Council Guidelines on Breach of Orders PART THREE – PROBATION APPLICATIONS Chapter Ten – Revocation of Orders Chapter Eleven – Amendment of Orders APPENDIX – Quick Reference and Common Errors TESTIMONIALS & REVIEWS “This text is comprehensive and highly practical, whether for use in chambers when preparing for sentencing or probation hearings, or to carry to court to have to hand when tricky and technical issues arise. It is a solid addition to one’s library.” – Review by Lyndon Harris in Archbold Review “An invaluable resource to enable the judge to be two steps ahead of those who regularly appear in these cases.” – HHJ Woolfall, Great Grimsby Crown Court. “As a new practitioner who is frequently instructed in probation breach matters, I have found this book invaluable. Detailed, well-structured and easy to understand and navigate, it has helped me with tricky questions and procedural points on numerous occasions. I can recommend it without hesitation to anyone working in this area of law.” – Thomas Theakston, Pupil Barrister, Broadway House Chambers