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34 Prob. J. 1 (1987)

handle is hein.journals/probj34 and id is 1 raw text is: (ver,;UW WV thti #!.$ vroUa snJo ISSN 0264-5505 Probation Journal Vol 34 No 1 March 1987 EDITOR'S COMMENT Round in Circulars The recent, long-awaited Home Office Circular on Social Inquiry Reports (92/1986), attempts to clarify once more the purpose and appropriate content of reports. Whilst it can be spurious to make fine toothcomb comparisons with earlier Circulars, to detect subtle nuances and changes of emphasis, there do seem to be some more than cosmetic shifts from HOC 17/1983 SIRS: General Guidance on Contents, particularly as regards how we should approach issues of offending. Whereas the earlier guidance endorsed Streatfeild's expansive invitation to report-writers to include whatever was relevant to the 'assessment of culpability', including 'the circumstances of the offence', a brief which couldentail an exhaustive analysis beyond social work skills and insights, the new instruction kit eschews 'culpability' completely and reverts to more familiar territory of 'explanation for offending behaviour', set in the defendant's 'social and domestic circumstances'. On the other hand, we are told to provide 'full details of defendants' criminal history' (para. 8). Presumably that must mean more than a repeat of the pre-cons as provided by the police, but just how detailed? Para 10 then asks for 'adequate interpretation' of the record. As for our contribution on sentencing options, we are asked in para. 15 to make certain observations 'if the defendant is at risk of a custodial-sentence' or 'if a fine is a possibility'. How are probation officers supposed to know this? Presumably by- seasoned intuitive jtudgements, despite all the evidence of the fallibility of our second guessing, and the wide variation in local sentencing traditions - always a particular problem when ve write for unfamiliar, out-of-town courts. The Circular suggesis elsewhere (pera 7)-that much depends on what information and advice courts indicate they require, but there is nothing to suggest a new and much needed initiative to get magistrates to give that kind of indication routinely, or where we are left in serving Crown Courts. Altogether, this Circular says rather-mote about how than what in preparing SERs; and seems to prefer to duck some key issues, to be struggled with in 'local discussion and informal dialogue' in probation liaison committees. Number Crunching The annual stocktaking intherecently released 1985 Probation Statistics allows some interesting comparisons, particularly with a 1982 baseline before the Criminal Justice Act, and given that this is the first year witha complete return since recent industrial action. In probation orders, the trend to shorter terms continues, 40% of orders being for one year or less, with only 3% spanning three years 15% of orders included extra conditions, which is only one percent more than in 1979/80, the difference lying in the reduction of mental treatment and an increase in day centre/activity requirements. - So far as one can gauge the changing tariff place of the probation order, using somewhat crude indices, 29% of probationers had previous custodial sentences and 18% had no previous convictions. Compare 24% and 23% in 1982. There were substantial variations between areas, Mid Glamorgan giving best performance with an impressive 37% and 8% respectively, closely followed by Greater Manchester. A special award for effort should go to Wiltshire who turned their 1982 figures of 15% and 36% into 29% and20%. Thewoodenspoonisreservedfor SE London whose 1982 achievement of 16% and 28% has meandered sluggishly to 16% and 25%, coupled with an all-comers second highest score 1

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