A Slight Hitch

It would appear that there is no Spanish equivalent of the Probation Service. Consequently, when an offender is sentenced to community work, it falls to his/her local town hall to organise and supervise it. They must do so within twelve months of sentence being passed or it expires. The judges have just pointed out that the local town halls come up with very few jobs, so the majority of unlicenced drivers (and others) will probably never have to worry about that part of their sentence.

Disquiet

Listening to the Today programme on Radio 4 this morning, I heard an account of an initiative by probation services in Derby or Derbyshire (I'm not sure which). Apparently some offenders sentenced to carry out unpaid work are being sent on programmes to enhance their employment prospects, on the grounds that being employed has a dramatic impact on the likelihood of reoffending.

I think the idea of such programmes is wholly to be welcomed. However, what concerns me is that these are people whom the courts have sentenced to punishment by way of an unpaid work requirement. Where the primary purpose of sentencing is to rehabilitate, the courts impose community orders with 'programme requirements'. It seems to me that a Probation Service which diverts an offender from the requirement set by the court onto a different requirement which it feels is more appropriate, this is tantamount to interfering with the will of the court.

A report will have been obtained from Probation before sentence is passed. If they believe a programme is more appropriate than an unpaid work order, that is their opportunity to say so. Once the court has read the report, taken its decision and passed sentence, then - it seems to me - the job of Probation is to deliver that sentence, not one of its own choosing.