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8 Prob. 1 (1956)

handle is hein.journals/probj8 and id is 1 raw text is: 





                                                         Probation

JOURNAL OF THE NATIONAL ASSOCIATION OF PROBATION OFFICERS


VOLUME EIGHT NUMBE R ONE . MARCH 1956


WHAT


I EXPECT


     FROM THE PROBATION OFFICER

                         By   GILBERT PAULL, Q.C.
Recorder of Leicester City Quarter Sessions and Deputy Chairman of Berkshire Quarter Sessionls


I WANT   to speak on this subject from the personal angle:
   to say what it is that strikes me when I sit, as I have to
sit, in a 'judge's' seat; what strikes me as being useful,
md  what strikes me as being useless. Probation officers
Tave a hard and difficult task. I have said to my principal
>robation officer - If you did not want a difficult and
hankless task, why did you join the Probation Service,
>ecause that is what you get.
    I want to say this. I sit on the Bench : there I am and
here is the case to be tried before me. There is first of all
:he trial itself. Is the man guilty or not guilty -unless,
ndeed, he pleads guilty. That part I find easy. It is the
Fury's responsibility to say whether the man is guilty or
Tot. I have to try to hold the reins of justice easily and
luietly, and then explain to the Jury both sides of the story.
I do not look upon that part of the case as my difficult
ask. Quite true, I often make mistakes. If I err in my rule
>r direction, there is the Court of Appeal above me. It is
when the Jury have delivered their verdict, or after the
-nan has pleaded guilty, that there comes what I look upon
is the really difficult task, namely the sentence. It is a
Teavy responsibility on the man who sits on the Bench.
In two minutes you can blast a man's whole life. Quite
;imply, I sometimes put it this way. I look at the man in
he dock ; the man in the dock looks at me. I do not know
what is going on in his mind, nor he in mine. The man who
Ippears not to care may be the very one who really does
:are. He may be quaking inwardly and saving to himself,
' If only I could have another chance  never would I
>e here again. The other man so plausible, apparently
veeping - sometimes that man is saying to himself at the
)ack of his mind,  Wonder if I can put it over with that
;o-and-so! . In two minutes from that moment - prison
>r not prison, Borstal or not Borstal, Approved School or
iot Approved School ? And  if one says prison, for how
ong is it necessary to send that man, in order to protect
:he community and to try to do something to prevent the
>ossible beginnings of a life of crime ?
    I know a neurologist in town, and one day we were
:alking. When I said I had to go to Leicester to sit in
:ourt, he said he supposed I had an atavistic desire for


revenge. If that man sentenced 200 people a year and tried
to do his best, he would not talk that sort of nonsense.
Sometimes one is worried afterwards and wonders whether
one has done  right. On more than one occasion I have
telephoned the Prison Governor and told him,  I am going
to reduce the sentence from three to two . It is worrying,
and there is no one who sits in the seat of judgment in a
case which involves prison or not prison, or liberty or not
liberty (unless he is devoid of human sentiment) who is
not worried about his sentences.

The Probation Officer
    What  do I expect from the probation officer ? I expect
him  or her to take some  of the responsibility off my
shoulders. Of course, you may say that it is not our job.
We  are not paid to take your responsibility. But aren't
you ? There  is a little red book called  The Probation
Service , and I have been reading this. On page 7 it says


            Con  tents  of  this  Issue
    WHAT I EXPECT FROM THE PROBATION OFFICER .  I
         Gilbert Paull, Q.C.
    THE PROBATION OFFICER AND CONCILIATION .    3
         C. H. Stanley
    IN PARLIAMENT      .     .   .   .     .    6
    PROBATION IN WESTERN GERMANY .   .     .    8
         Thomas Burke
    AFTER CARE      .     .     .    .     .    9
    How  DEEP IS YOUR CASE-WORK .    .         10
          Oedipus'
    ACROSS~ THE PRAIRIES  .     .          .   12
         Miss C. M. Willis
    BOOK REVIEWS:
         Prediction Methods .        .     .   13
         Social Case-Work in Marital Problems  . 14
         Flogging - Yes or No?'    .     .   14
         Mental Health and Infant Development . 15
    OBITUARY  .     .     .     .    .     .   15
    HONOURS - ANNUAL REPORT OF P.C.M. .    .   16

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