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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 75848
Experience:  Over 5 years in practice
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Probation put down my address wrong so in effect sent

Customer Question

Probation put down my address wrong so in effect sent letters to the wrong address and is now recalling me. Is this lawful.
JA: What was the conviction for exactly? Have all appeals been exhausted?
Customer: Breach of restraining order. Been out 14 months got a good job my home and stayed away from anyone I shouldnt be by. I only found out yesterday that I was up for recall due to my probation telling my kids social worker.
JA: Where did this occur?
Customer: Which ?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Yes. My probation officer speaks to me with a serious amount of attitude.she said she asked my kids social worker for my number and the social worker said she never. My probation officer said she had the right address for me but wouldn't tell me it and the reception staff said on the computer she put the address wrong. When I rang her she said if I'm ringing her to talk to her all wicked and bad then stop and i need to drop the bass out of my voice if i want to talk to her.
Submitted: 17 days ago.
Category: Law
Expert:  Jo C. replied 17 days ago.

Hi, welcome to JustAnswer. My name is Jo C, I’m a barrister with 12 years of experience and I am happy to help with your question today.

Expert:  Jo C. replied 17 days ago.

Did you attend probation?

Customer: replied 17 days ago.
I didn't know about any appointments given to me. I gave my probation officer my new address and she put it down on the system wrong. Before I moved I did attention probation. I moved from Birmingham to tamworth and asked to be moved to a new office but I didn't hear anything.
Expert:  Jo C. replied 17 days ago.

But you would have been given the first date in court?

Customer: replied 17 days ago.
I attended all my appointments given until I moved address
Customer: replied 17 days ago.
I I live in an Avenue she put it as street with the wrong postal code
Expert:  Jo C. replied 17 days ago.

Ok but we both know probation. They give you appointments in person and then write to confirm?

Also, didn't you chase for new dates?

Customer: replied 17 days ago.
I work 60-70 hour weeks she told me she would try and transfer me and she would let me know and I heard nothing. Because she was sending letters to the wrong address
Customer: replied 17 days ago.
I gave her the correct address
Expert:  Jo C. replied 17 days ago.

Ok, so

1. Were you given a new date in person?

2. What steps did you take to chase them?

Customer: replied 17 days ago.
3. Are you suggesting I have failed to do probation job ? If I gave her the correct information to get hold of me and iv had no warnings how can I be recalled for her sending letters to the wrong address ?
Expert:  Jo C. replied 17 days ago.

Would it be possible to give me the information I asked for? Otherwise the answer will probably be wrong.

Customer: replied 17 days ago.
No I did not and its upto probation to give me a date not me give them one.
Expert:  Jo C. replied 17 days ago.

Ok, let me know when you can give me the information I asked for.

Customer: replied 17 days ago.
What information
Customer: replied 17 days ago.
What is the information you would like
Expert:  Jo C. replied 17 days ago.

Ok, so

1. Were you given a new date in person?

2. What steps did you take to chase them?

Customer: replied 17 days ago.
No date given no steps to chase them
Expert:  Jo C. replied 17 days ago.

Thank you.

You could argue this amounts to reasonable excuse. It depends really whether probation except that you weren't given knew dates.

Usually they do provide people with dates although I suppose human beings can always make errors.

You are likely to be examined upon your failure to chase them. The difficulty is that it is not really a case of you doing the job probation. It is you ensuring that you comply with your order. Ultimately you know you were on a community order because you are engaging with it and you know that if it just stops one day with no further contact that something is wrong.

I would expect a court to be very interested in that.

That really depends how long the lag was thought though. If it was just a few weeks then that might be understandable.

Can I clarify anything for you?

Jo