Part 1 E+WNew arrangements for the provision of probation services

Probation purposes E+W

1 Meaning of “the probation purposes” E+W

(1) In this Part “the probation purposes” means the purposes of providing for—

(a) courts to be given assistance in determining the appropriate sentences to pass, and making other decisions, in respect of persons charged with or convicted of offences;

(b) [F1 the giving of assistance to persons]in determining whether conditional cautions should be given and which conditions to attach to conditional cautions;

(c) the supervision and rehabilitation of persons charged with or convicted of offences;

(d) the giving of assistance to persons remanded on bail;

(e) the supervision and rehabilitation of persons to whom conditional cautions are given;

(f) the giving of information to victims of persons charged with or convicted of offences.

(2) The purpose set out in subsection (1)(c) includes (in particular)—

(a) giving effect to community orders and suspended sentence orders (or, in the case of persons mentioned in subsection (3), any corresponding sentence which is to be carried out in England and Wales);

(b) assisting in the rehabilitation of offenders who are being held in prison;

(c) supervising persons released from prison on licence;

(d) providing accommodation in approved premises.

(3) That purpose also applies in relation to persons who—

(a) are convicted of an offence under the law of a country outside England and Wales, and

(b) receive a sentence which is to any extent to be served or carried out in England and Wales,

as it applies in relation to persons convicted of offences.

(4) In this section—

• “[F2 conditional caution” has ]the same meaning as in Part 3 of the Criminal Justice Act 2003 (c. 44);

• [F3 “ community order ” means—

  (a)

  a community order within the meaning given by section 200 of the Sentencing Code;

  (b)

  a youth rehabilitation order within the meaning given by section 173 of the Sentencing Code;]

• “prison” includes a young offender institution [F4 , a secure training centre and a secure college];

• [F5 “suspended sentence order” has the meaning given by section 286 of the Sentencing Code;]

• “victim” includes a person claiming to be a victim of a person charged with or convicted of an offence.

(5) Regulations made by the Secretary of State may extend the purposes mentioned in subsection (1) to include other purposes relating to persons charged with or convicted of offences or persons to whom conditional cautions are given.

Textual Amendments

F1 Words in s. 1(1)(b) substituted (1.4.2010) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 83(a); S.I. 2010/712, art. 3(b)

F2 Words in s. 1(4) substituted (1.4.2010) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 26 para. 83(b); S.I. 2010/712, art. 3(b)

F3 Words in s. 1(4) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 261(2) (with Sch. 27); S.I. 2020/1236, reg. 2

F4 Words in s. 1(4) substituted (20.3.2015) by Criminal Justice and Courts Act 2015 (c. 2), s. 95(1), Sch. 9 para. 25; S.I. 2015/778, art. 2(1)(c)

F5 Words in s. 1(4) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 261(3) (with Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I1 S. 1 in force at 1.4.2008 for specified purposes by S.I. 2008/504, art. 4(1)(a)(2)

I2 S. 1 in force at 1.4.2009 for specified purposes by S.I. 2009/547, art. 2(1)(a)(2)

I3 S. 1 in force at 1.4.2010 in so far as not already in force by S.I. 2010/191, art. 2(1)