Probation of Offenders Act 1907
| Act of Parliament | |
| Long title | An Act to permit the Release on Probation of Offenders in certain cases, and for other matters incidental thereto. |
|---|---|
| Citation | 7 Edw. 7. c. 17 |
| Dates | |
| Royal assent | 21 August 1907 |
| Commencement | 1 January 1908[b] |
| Repealed |
|
| Other legislation | |
| Amends |
|
| Repeals/revokes | Probation of First Offenders Act 1887 |
| Amended by | Children Act 1908 |
| Repealed by |
|
| Text of statute as originally enacted | |
The Probation of Offenders Act 1907 (7 Edw. 7. c. 17) was an act of the Parliament of the United Kingdom, commonly referred to as just the Probation Act.
Enactment
The act was passed on 21 August 1907 and originally extended throughout the United Kingdom of Great Britain and Ireland. It remains in force in the Republic of Ireland.[1]
Summary
The act allows judges wide latitude to dismiss a charge tried summarily against a defendant even when the court thinks it is proved, or to conditionally discharge a defendant (whether the charge is tried summarily or on indictment). The power may be invoked when the court is of the opinion that
having regard to the character, antecedents, age, health, or mental condition of the person charged, or to the trivial nature of the offence, or to the extenuating circumstances under which the offence was committed, it is inexpedient to inflict any punishment or any other than a nominal punishment, or that it is expedient to release the offender on probation[.]
In practice, cases may be dismissed under the Probation Act for a defendant on condition that he pays a contribution to charity,[2][3][4][5] or repays an amount stolen,[6] or pays the costs arising from his actions.[3] They may also be dismissed where the offence is technical or trivial.[7] The application of the Act has occasionally caused controversy where victims or persons affected by the crime feel that the dismissal is inappropriate.[8]
Despite the name, a dismissal under the Probation Act does not put the offender on probation in the sense of having to report to and engage with a probation officer, unless it is expressed to do so. Indeed, if a defendant is "given the Probation Act", it does not count as a criminal conviction,[9] although it has been known to negatively affect travel abroad.[10]
Subsequent developments
The whole act was repealed for England and Wales by section 83(3) of, and part I of the tenth schedule to, the Criminal Justice Act 1948 (11 & 12 Geo. 6. c. 58),[11] which came into force on 1 August 1949.[12]
Notes
- ^ Section 10(1).
- ^ Section 10(3).
- ^ The Criminal Justice Act 1948 (Date of Commencement) (No. 3) Order 1949.
References
- ^ Schedule 1 to the Statute Law Revision Act, 2007
- ^ "Report on Court Poor Box: Probation of Offenders". Archived from the original on 15 November 2010.
- ^ a b "Meath night rider gets Probation Act - News - Roundup - Articles - Anglo Celt". Archived from the original on 3 April 2010.
- ^ "Probation Act for Ducie after donation made". Fingal Independent. 24 March 2010. Retrieved 22 April 2010.
- ^ "Ryanair pleads for leniency from judge after breaking rules on unsolicited emails". 17 December 2020.
- ^ "Probation Act". Wexford People. 24 March 2010. Retrieved 22 April 2010.
- ^ "Donegal Town Man gets Probation Act for Possession of Cannabis - Local - Donegal Democrat". Retrieved 22 April 2010.
{{cite web}}: CS1 maint: deprecated archival service (link) - ^ "McBrearty 'stunned' as Garda gets Probation Act: ThePost.ie". Archived from the original on 13 May 2005. Retrieved 22 April 2010.
- ^ Tuite, Tom (29 October 2008). "Gardai told to stop calling Probation Act 'a conviction'". Evening Herald. Retrieved 22 April 2010.
- ^ http://archives.tcm.ie/irishexaminer/2001/07/03/story7066.asp
- ^ "Criminal Justice Act 1948", legislation.gov.uk, The National Archives, Geo6/11-12 c. 58
- ^ "Criminal Justice Act 1948 (Date of Commencement) (No. 3) Order 1949", legislation.gov.uk, The National Archives, SI 1949/1045
External links
- Text of the Probation of Offenders Act 1907 as originally enacted or made within the United Kingdom, from legislation.gov.uk.
- Probation of Offenders Act, 1907