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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70506
Experience:  Over 5 years in practice
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probation are causing issues with an ex-offenders job position

Resolved Question:

probation are causing issues with an ex-offenders job position within my company. what exactly is their role? Are they there to support the rehabilitation of offenders or to risk their job positions with inflexible demands?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
They are there to balance the rehabilitation of offenders with the risk to the public and the need to punish.
Ultimately offenders have to complete their community orders and they come before work commitments I'm afraid. I think the biggest single reason for recall of offenders to prison is that they have a tendency to prioritise work above their court ordered sentence and it just doesn't work like that.
The other factor may be that they have concerns about risk to the public but not usually within a work setting. That is a factor that often relates to personal relationships.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Hi Jo,

Thank you for your reply. If the demands made by probation lead to the employee not being able to meet his employment contract and ultimately lead to the termination of his employment, increase the chance of his re-offending, could this be accepted as a point of argument?

Andy.

Expert:  Jo C. replied 2 years ago.
No, in short.
The primary obligation upon him is to complete his probation order. Probation officer's demands must be met unless they are wholly unreasonable.
He can always complain to Probation that the demands being made are unreasonable ones but that should be the complaint.
If he complains on this basis they will just say that he is trying to prioritise work above his order and use that as an excuse to abandon the matter.
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