Standards and practice issues relating to Probation supervision
These Standards should be read in conjunction with the 1937 Probation Law and other
Probation Service Policies.
1. Serving the Order
1.1 The Probation Order should be served in Court. The conditions must be explained in plain
language to the offender and signed and dated by him or her. Where the Order is not available in
Court, it should be served, signed and dated within 7 working days of receipt. The wording of the
Order should be checked against the Court’s decision and case records if available for e.g. length of
Order. The client will be given a copy of the leaflet “Probation – What you need to know”.
2. First appointment
2.1 An appointment will be made to take place within 7 working days of the Order being made.
Where the identity of the potential supervising officer is known, this appointment should be given to
the offender in court, but in every case confirmed by post to the offender’s address.
2.2 The Probation Officer will check that the Order is accurate and has been served and signed and
will ensure that the Client has received a copy of the leaflet “Probation – What you need to know”,
understands the requirements of the Order and the limitations to confidentiality, as well as the
Service’s data protection policy.
3. Contact standards
3.1 Clients will attend a minimum of:
 10 appointments in the first three calendar months
 6 appointments in the next three calendar months
 1 appointment per month thereafter
It is important to note that these are minimum requirements and, depending on risk and need,
a client can be required to report more than weekly.
3.2 These appointments include appointments on Probation programmes and appointments with
Assistant Probation Officers including the Alcohol and Drug Liaison Officer and assessment for Basic
Skills. Clients on group work programmes must be seen by their supervising Probation Officer at
least once per calendar month.
3.3 These minimum standards may be altered after consultation with and agreement by a manager.
Variations from the standard will be in line with the client’s level of risk and need. Any variations will
be recorded in the contact log.
3.4 At least one appointment will take place at the client’s home address within the first three calendar
months of the Order. If it is decided not to perform a home visit the reason for this will be recorded in
the Part C under the contact ”H”.
3.5 All Clients will receive a full Basic Skills assessment within the first month of the Order unless a
management override has been agreed on the basis of the offender’s educational attainment. The
Basic Skills coordinator will monitor new Probation Orders on a weekly basis and arrange assessment
interviews with the supervising officer. Ideally this assessment should take place prior to completion
of the client’s Initial assessment in order that any on-going work can be reflected in the work-plan.
3.6 Clients will be given written reporting instructions for all appointments.
For individual
appointments the standard appointment books will be used, and countersigned by the Client. Clients
will be instructed to notify their supervising officer in advance if they are unable to keep an
appointment e.g. through illness or work commitment.
Programme Work
During the course of an Order, a Probation Officer may wish to refer to one of the following
programmes:
Aggression Control Training (ACT)
This programme is exclusively designed for men who have committed offences or acts of violence. It
comprises of 20 individual or 25 group work sessions, so takes several months to complete. The
group work sessions run for 2 hours twice weekly whilst the individual participants usually work for
one hour. In keeping with research on best practice, the programme is based on the teaching of
positive thinking skills and practicing self control techniques with a view to changing behaviour.
ADAPT details to follow
ASG (Alcohol Study Group)
This programme has been in existence since 1988 and has been well validated as an effective
sentencing option. Offenders attend six group sessions each of two hours duration, once a week. This
programme can also be offered on an individual basis. Materials inform offenders about the effects of
alcohol on health, employment and finance and relationships as well as on propensity towards
criminal behaviour. Group members learn how to measure alcohol intake and monitor their own
drinking against recommended 'safe' levels.
Core Programme details to follow
Offending Is Not The Only Choice (OINTOC)
This is a twenty week programme designed to reduce offending by emphasising that offenders have
choices other than breaking the law. Offenders have to examine the way in which they make
decisions, consider all the consequences their actions could or have produced and concentrate on
solving problems without resorting to crime. Seventeen year olds and under are not able to attend the
group work sessions, but can be worked with successfully on an individual basis.
SMART (Self Management and Rational Thinking) Must score 24+
This is an intensive programme for offenders assessed as being at high risk of re-offending. It
consists of 35 two hour sessions which are delivered through Highlands College. The programme
teaches thinking and reasoning skills. It is highly participative so that group members practice the
skills being taught and learn new ways to behave and cope. The SMART programme is used mainly
for offenders aged 17 and above. Sixteen year olds can be referred after discussion with a manager.
Programme attendance
3.7 Clients who have been assessed for programme intervention will attend in a group setting unless
a management over-ride has been obtained. Over-rides will only be granted in exceptional
circumstances such as significant vulnerability or risk of harm to others. Clients should be referred to
the programme waiting list on DAISY using PWL in contact list followed by the programme in the
Action box.
3.8 Prior to the commencement of a programme the client should attend a handover meeting
between the programme tutor and their supervising officer to sign a consent form and be made aware
of programme expectations.
3.9 If the client misses more than two programme sessions the programme will need to be repeated
unless agreed by a manager.
3.10 At the end of the programme a further handover meeting will be arranged. This will include the
programme handback report in the Daisy assessment template. Following this meeting an LSI must
be completed and entered into the programme handback assessment.
4. Enforcement
4.1 The contact standards are a minimum below which action must be discussed with a manager. A
single “unacceptable“missed appointment may result in a discussion with a manager and enforcement
action taking place. Two unacceptable missed appointments within a three month period will result in
enforcement action being discussed with a manager. The following action is available
 Allowing supervision to continue with warning letter
 Allowing supervision to continue subject to client attending a Compliance Meeting with the
supervising officer and a Manager. Other colleagues involved in the case such as the court
Liaison Officer or a Community Service representative should also be contacted and invited to
attend or contribute to the meeting.
 Breach
The standard enforcement letters will be sent. These letters will be dispatched by the end of the next
working day. In addition to the standard letters, Probation Officers will attempt to contact the client
before the next appointment either in person or by telephone. The purpose of this contact is to stress
the importance of reporting as directed and reminding the client of the next appointment. All attempts
to contact the client will be recorded.
5. What are acceptable and unacceptable missed appointments?
5.1 Whilst it is extremely difficult to provide an exhaustive list, the type of reasons that could be
considered as acceptable are
 Emergencies that make attendance and prior notification of missing the appointment either
impossible or impracticable in the circumstances.
 Certificated sickness which prevents the client from attending the Probation Office and is
communicated prior to the appointment
 Uncertificated sickness where either the sickness is confirmed by a responsible third party or
where the client’s account is believed by the Probation Officer due to the client’s encouraging
response to supervision. This should be communicated prior to the appointment.
 Where client has had to extend working day unexpectedly at request of employer or due to
emergency in own business and this has been communicated to the Probation Office prior to
the appointment or where the Probation Officer accepts that prior notification was not possible
in the circumstances.
6. Recording
6.1 All contacts of whatever nature will be recorded on the case management system by the end of
the next working day.
6.2 Missed appointments will be recorded immediately as “unacceptable”. The record can be
subsequently amended should the Client have a reason judged as acceptable by the supervising
officer.
6.3 All Probation records can be examined by the Court and may be used as evidence. Clients, or
their parents / guardians in the case of an offender aged under 18 years, will generally be given
access to their files on request under Data Protection legislation and Probation Service policy, unless
this would be harmful to the client or others. A written request should be made to the Chief Probation
Officer by the client concerned.
6.4 If a client is attending a programme, the “contact box” should record type of programme. Should a
client fail to attend a session, the “contact box” should continue to record the type of group with the
“action box” stating that the client failed to attend. The “appointment kept” code must also be filled in
with a “u”.
6.5 An LSI-R is to be completed on DAISY by the supervising Probation officer within 15 working days
of the end of each structured offending programme and within 15 days of the end of the Probation
Order. The score should be recorded in the “time spent” box of the next quarterly or the termination
summary box.
7. Work plans
7.1 An initial work plan will be completed within 20 working days of the Probation Order being made.
It will reflect the supervision plan outlined in the SER (if one was prepared) and will conform to a
standard format, which reflects the risk / needs assessment tool and Service standards. The plan
should make reference to the client’s level of Basic Skills. All assessments should focus on the LSI-R
headings giving a brief analysis of key areas for intervention. Specialist assessments e.g. SARA,
Matrix 200, SAO7, should also inform the assessment in appropriate cases.
7.2 The work plan will contain SMART objectives taking into account the LSI-R assessment.
Appropriate interventions must be identified to address offending behaviour, safety of others,
criminogenic need, victim awareness and community reintegration. Liaison responsibilities with other
agencies must be clearly identified.
7.3 Work plans will be reviewed at least once every three calendar months since the previous review
but otherwise should be completed when the client’s circumstances change. Any decision to depart
from the action plan should be recorded and justified. SMART objectives will be set in the review.
7.4 A copy of the work plan should be printed out given to the client to sign. This should be scanned
on to Livelink and part c’d to record that this has been done. Where it is not possible for reasons of
public safety etc. to provide a copy then the reasons for this should be recorded.
7.5 Clients who are red-flagged are subject to the RAMAS procedures. (See Red Flag and policy
document). If the client has been red-flagged the RAMAS assessment and management plan
will negate the need for either Initial or Quarterly summaries.
7.6 Within the first six weeks of a new Probation Order all clients in the labour market will be referred
to an employment officer in the “Work-zone” department of Social Security. This should be recorded
on DAISy – Contact type EOR. Officers can override this if the offender is in permanent employment
which they value. The reasons why a client has not been referred should be recorded in Initial
Summary.
7.7 Consideration should be given to referral for an ACTIVE card or Exercise referral scheme.
Active card referrals will be made via the Team Leader (See Active Card policy). Preference will be
given to clients with difficulties in being able to afford leisure pursuits and who are complying with
conditions of their Probation Order. Probation Officers can refer directly to the Exercise Referral
scheme.
8. Variations of terms of Probation
8.1 Any variations of a Probation Order, such as directing a client to live away from a specific
address, should be given in writing.
9. Breach Policy
9.1 Enforcement action re failure to report is discussed above. Clients can also be breached for a
variety of other reasons such as leaving the Island without permission or disruptive behaviour on
programmes for example.
9.2 Any potential breaches of Probation must be discussed with the Team Leader in the first instance.
If the Team Leader is unavailable a discussion should take place with the ACPO or CPO. The
relevant manager will countersign all breach letters following discussion with the supervising
Probation officer. This letter should be sent to the Connetable of the Parish in which he/she was
originally charged. This letter should set out the details of the breach. For instance, the dates of
missed appointments should be listed and dates of unauthorised travel outside of the island should be
specified etc. This letter should be copied to the Batonnier. A standard letter informing the client that
breach proceedings have been instigated should be sent to the last known address. This letter will
advise the client to seek legal advice. The last known address of the offender should be used in all
breach correspondence as without an address the breach cannot proceed.
9.3 If a person is in breach of a Probation Order, the Court may sentence the offender as if he had
just been convicted of that offence before the Court. Should the client receive a custodial sentence
as a result of the breach, any time spent on remand in custody prior to the client being placed on
Probation is not regarded as time served.
9.4 Breach of Royal Court Probation Order
In the case of a Royal Court Probation Order the Attorney-General has ruled that breaches of Royal
Court Probation Orders must be discussed with his office prior to breach paper work being
dispatched, as he has discretion whether to refer the case back to the Royal Court. Where a client on
a Royal Court Order re-offends and appears before the Magistrates Court, it is the supervising
Probation Officer’s duty to inform the Attorney-General of this breach. The supervising officer must
provide as full and detailed background as possible together with a recommendation regarding
representation.
9.5 Breach of Magistrates/Youth Probation Order where new offences have been referred to the
Royal Court.
Where a client is subject to a Magistrates/Youth Court Probation Order and has been remanded to
the Royal Court on new charges, the supervising Probation Officer should alert the Magistrates
Court Greffier so that the Probation Order can be committed to the Royal Court for adjudication under
Article 1 of the Criminal Justice (Probation Orders)(Jersey) Law 1986. The Magistrates/ Youth Court
can commit the client to the Royal Court irrespective of plea.
9.6 Supervision of clients facing breach proceedings.
Where a client is in the process of being breached but is satisfactorily attending or due to attend a
Probation programme then they should be allowed to continue with that programme.
Clients should be supervised according to office standards pending the outcome of breach. Where
this is not possible this should be discussed with a manager and the reasons recorded.
9.7 Procedure for arrest for Breach of Probation where the Client is in the United Kingdom
The supervising Probation Officer letter will refer to the Law Officer’s Department for advice on all
breaches of Probation Orders where the client is living in the United Kingdom. This is regardless of
whether the Probation Order was made in the Royal Court or the Magistrates Court. If the Attorney
General decides that on the information before him the circumstances merit the return of the offender
to Jersey, he will obtain a warrant from the Bailiff. He will then request that the States of Jersey
Police to send officers to make the arrest and to escort the client back to Jersey. States of Jersey
Police Officers have the power of arrest in this situation as the arrest is in respect of the original
offence committed. After the client has been arrested and brought back to Jersey, he should be
committed to prison pending his appearance in Court. The committal should be signed by a
Centenier from the Parish where the offence was committed and then a Jurat”. (Instructions from HM
Attorney General of 30 September 1993 Hyperlink).
9.8 Under Article 5(4) of the Probation Law 1937 the Attorney-General or the Connetable may order
the arrest of the client if it is considered that this step is necessary in order to ensure his/her
appearance in Court to face breach proceedings.
10. Information Reports for Court
10.1 Wherever possible an Information for the Court should be prepared where an existing client is
due to appear in Court for new offences. This can be done in person, via the Court Duty Officer or in
written form. The Magistrate accepts that this may not always be possible for overnight remands and
that the report may not be able to discuss the new offence due to prosecution papers not being
received. The purpose of such a report is to outline the client’s response to supervision. This may
avoid the need for a remand or a full Social Enquiry Report. Information Reports should only be
handed up where there is a guilty plea.
10.2. Should the Centenier be unaware that the client is in breach it is the Court Officer’s duty to
inform the Court. The original report should also be handed up as the Magistrate finds it useful to
read the original SER at the same time although a more detailed information will be required where
the SER is out of date or where circumstances have radically changed. Where the Court has ordered
an up-dated report, this report should follow the same procedures as for Social Enquiry Reports as a
guilty plea will have been entered.
11. Early discharge
11.1 Where a client has reached the half way stage of their Probation Order consideration should be
given to discharge the Probation Order early. The exception to this is in the case of sex offenders who
will need an override from ACPO/CPO before discharge is considered. A decision to discharge should
be based on good compliance and progress. Before proceeding with an early discharge the
supervising Officer should contact the Intelligence Collator of the States of the Police and
Customs/Immigration in order to check whether there are any concerns about the client that might
militate against an early discharge.
11.2 A letter should be sent to the Connétable of the Parish in which he/she was originally charged to
initiate the proceedings to review a Probation Order. If the client is on a Royal Court Probation Order,
this letter should be also be copied to the Attorney-General in order that the defendant shall be
presented before the Royal Court (Article 5 Probation Law 1937). Although it is not the responsibility
of the Probation Officer to warn the client for Court, it is prudent to confirm the date of the
representation in writing.
11.3 The client, other than in exceptional circumstances, is expected to attend Court for their
Probation Order to be discharged. If the defendant is being supervised out of the Island and it is
impractical for the client to return to the island the Court will need to be asked whether a supportive
letter from the supervising service and a letter from the client agreeing to early discharge is
acceptable for early discharge to proceed.
11.4 The Jersey Evening Post have confirmed that as a matter of general policy they will not report
Probation Order discharges and in the exceptional circumstances that they do, it will be unlikely that
they will name the client concerned. (Memo from BAH 29.6.94)
12. Early discharge and Breach of Probation Information
12.1 Reports for both early discharge and breach should be sent to the Court and made available to
defence (in the case of breach) at the earliest opportunity. At the very latest these reports will be
made available 2 days prior to the hearing. A copy of the original SER should accompany the early
discharge or breach information.
13. Travel
13.1 Clients need the permission of their supervising officer to travel outside of Jersey. If a client
wants to travel outside of the British Isles permission needs to be obtained from a manager. Appeal
against refusal can be made to the Court. Generally three weeks notice is required for all requests.
Copies of permission to travel letters on all clients subject to Probation, Community Service and YO
licences should be faxed to the Intelligence Collator of the States of the Police. These letters should
contain travel arrangements.
14. Financial assistance to clients
14.1 All financial assistance to clients must be approved by a manager.
15. Procedures for working with Illegal drug users
15.1 Probation Officers have discretion not to pass on to the Police any disclosures made by clients
or duty callers concerning their personal drug use regardless of the class of drug used. This will
allow effective advice, education and treatment to take place. Any drug user perceived to be taking
advantage of this concession may lose entitlement to it. The situation will be discussed with the
Team Leader and the decision officially recorded before any action is taken.
15.2 Probation Officers will always remind drug users that their actions are illegal and that if
apprehended they are likely to be prosecuted. Any charge would result in a representation for breach
if subject to a Probation Order.
15.3 Disclosure concerning anything except personal drug use will be notified to the Police. This will
include disclosures or information about importation, supply, venue etc. The first point of contact
should be the Force Intelligence Collator of the Police.
15.4 See “Protocols For Treatment Orders” for operational procedures relating to the joint
supervision of Treatment Orders. (Currently under review).
16. Request for the transfer of Probation Orders from other jurisdictions
16.1 There is no protocol for the transfer of community penalties between Jersey and the remainder
of the United Kingdom. However, the Jersey Probation Service will supervise Clients on behalf of the
other Probation Services on the basis that should the individual fail to comply that they are given an
appointment within the next week at their “home” office. Failure to attend would result in the “home”
service initiating breach action. The Jersey Probation Service will not accept any financial
responsibility for the client and any cost incurred would need to be reimbursed by the “home”
Probation Service.
16.2 It should be explained to the home Probation Officer that the Client is not entitled to any State
benefits, e.g. income support, sickness or injury benefits, until they have paid contributions for a six
month period. The Client’s employer has to have a licence to employ people with less than five years’
residence unless working in building, agriculture or hotel type work.
16.3 Any transfer in of an Order must be approved by either the Chief Probation Officer or Assistant
Chief Probation Officer who would require copies of Pre-sentence reports, previous convictions and
any risk assessment documents, prior to accepting the Order.
16.4 Clients transferred in to be supervised to Jersey Probation standards. Every effort should be
made to comply with the work plan made in the Pre-Sentence report.
17. Transfers to other jurisdictions
17.1 After consultation with the Team Leader, contact should be made with Senior Probation Officer
of the area the client intends to move to. Prior to any transfer being agreed the supervising Officer
should contact the Intelligence Collator of the States of the Police and Customs/Immigration in order
to check whether there are any concerns about the client might militate against a transfer being made.
It must be emphasised that Jersey is a separate jurisdiction and that any breach of conditions should
be reported to the Jersey Probation Service in order for the breach to be presented before the Jersey
Courts. If the area is prepared to accept the client it is necessary to obtain the name of the Probation
Officer who will supervise the Probation Order in accordance with Article 3(4) of the Probation Law
and Article 10 of the CS Law. The sentencing Court should expressly put a condition in the Order
relating to the offender agreeing to be supervised by this person / these people and agreeing that they
will return to Jersey if required.
18. Basic Skills
All clients will receive a full Basic Skills assessment within the first month of the Order unless a
management override has been agreed on the basis of the offender’s educational attainment. The
Basic Skills coordinator will monitor new Probation Orders on a weekly basis and arrange assessment
interviews with the supervising officer. Ideally this assessment should take place prior to completion
of the client’s Initial assessment in order that any on-going work can be reflected in the work-plan
19. Mentoring
19.1 The Mentoring Scheme is designed to help Clients reduce their risk of re-offending by tackling
the problems that contribute to offending. It will concentrate on assisting clients with practical issues
such as employment, accommodation, education and leisure pursuits. A mentor might also be used
by the Community Service scheme to help shadow a client. Similarly, for prisoners due to be
released on licence, a mentor could begin some of their work at HMP La Moye.
19.2 If a client is assessed as being suitable for a mentor, contact the Mentor Coordinator to discuss.
The latter will then discuss with a suitable mentor to make a “match”.
19.3 If the mentor is available and there are clear aims for the mentor and client to work towards, fill in
an Aim Sheet and leave a copy in the Co-ordinator’s tray. (Please refer to “Do’s and Don’t’s” of
Mentoring and “Principles” sheets.)
19.4 The Co-Ordinator will ask the mentor to contact the PO and will also give the PO the contact
number(s) of the available mentor so that a three-way meeting (PO, client and mentor) may be
arranged. Where the client is a youth the parents should also give written consent. The contract
discusses issues such as record keeping, confidentiality, attending meetings and complaints
procedures.
19.5 At that meeting please fill in the Contract and give the mentor a Contact sheet. The latter must
be completed and returned to the office within 24 hours of each contact (this has been discussed at
length with the mentors during training). Run through the aims with the client and mentor.
19.6 The Mentors will not use their own transport to provide lifts for clients. All meetings should be
undertaken in a public place and there will be no home visits. Phone numbers should not be
exchanged
19.7 Each time the PO receives a Contact sheet, this should be put on a Part C (Contact Box WG)
and then a copy put in the Co-ordinator’s tray.
19.8 The mentor must tell the receptionist each time they book a meeting with the client, even if it is
off-site. The receptionist then logs this in the diary at her desk (this has also been discussed with
both the mentors and receptionists).
19.9 The mentors will receive regular supervision from the Co-ordinator, therefore the Probation
Officer should update the Co-ordinator on progress at regular intervals.
20. Clients who are under 18 years of age
The following additional standards apply:
20.1 Parents or guardians must be notified under separate cover of the first Probation appointment
and provided with a copy of the Probation Order leaflet and these standards. Guardians include
representatives of Social Services where the child is subject to a Care Order..
20.2 Within the first 20 days of an Order being made the parent / guardian will be invited to meet with
the supervising Probation Officer. This meeting can take place in the Probation Office or the Client’s
home.
20.3 Frequency and methods of contact with parents should be discussed at this meeting. Face to
face contact with parents / guardians will take place at least quarterly and home visits at least every
other quarter unless this is judged to be unnecessary, and the reasons recorded.
20.4 Parents / guardians are to be kept informed of significant developments in their child’s case and
in particular should be sent copies of any “fail to report” or breach correspondence.
20.5 All summaries must take into account the views of the parent / guardian with regard to the
client’s progress. The summary must be shared with the parent / guardian and the client.
20.6 During the first three months the client will be referred to the Alcohol and Drug Liaison Officer for
information and advice on substance misuse.
20.7 Where there is no parent / guardian or person fulfilling that role, or the whereabouts of the
appropriate carer cannot be established, standards 20.1 to 20.5 do not apply.
20.8 Whilst it is important that Probation Officers work with other agencies such as the Youth Action
Team, the Probation Officer remains the delegue under the Probation Law and therefore remains the
responsible case manager throughout the statutory period of supervision.
13 May 2009