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RESPONSE TO STEVE COLLETT’s letter re Probation in yesterday’s Guardian Newspaper.

20, December 2016

DRAFT

In recent weeks I have realised the whole basis of probation work has changed as far as the UK constitution is concerned and I have seen no one else write about it – not even Steve Collett in his letter to the Guardian – I think yesterday – that traced the history of some of the changes.

Probably the crucial legislation was in 1991 – I cannot in my haste recall the Act – but it also set up ACRs etc.

When I was new to be probation in 1973 – in England and Wales – Except in Inner London where the Home Secretary was in control & I am not sure how that came about, Probation was fully managed by the magistrates Coutrs Committee and nationally there was some sort of joint committee on which the Home Office was represented and had great influence because the Governement even then paid most of the costs.

BUT the point is Probation came under the jurisdiction of the courts – constitutionally and so was separated like the other courts from the control of the Government.

The other branches of the State being the Sovereign and the Executive, with the whole lot under the ultimate control of Parliament in accordance with Parliament’s powers to legislate and levy taxes.

Now Probation, at least in England and Wales is FULLY part of the Executive and no longer an arm of the Judiciary –

Does it matter – I think it does – pleaseĀ dear reader show me where this has been written about?

https://www.theguardian.com/society/2016/dec/19/the-disastrous-decisions-behind-troubles-in-prisons-and-probation

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