Human Rights in Probation : Theory, Practice and Balance

Exploring the application, theory, implications, and socio-legal underpinnings of human rights in probation and associated offender management, this book examines the key imperatives and practices of the Probation Service in England and Wales in relation to the Human Rights Act 1998 (HRA).

Outlining how the duties of probation officers are interpreted in light of the HRA, this book refers to applicable principles and case law as a means to present and exemplify the direct operation of human rights law in probation and instances of human rights interferences. Chapters also discuss the infrastructure of Probation to demonstrate challenges of awareness, implementation, and compliance. Based on qualitative studies analysed through a socio-legal lens and the relevant human rights framework, key themes explored include Crime Control and Due Process, which are reflective of the tensions and imbalances experienced between risk or public protection and human rights. The book also includes case studies of Serious Further Offences that have either revealed the shortcomings in the area of human rights in probation or highlighted factors linked to human rights, including scapegoating, cumulative systemic failures, miscommunications, and over-reliance on risk assessments. Finally, it provides clarity as to what the human rights duties of the Service are, what relevant policies may apply alongside the HRA, and how court decisions may affect risk and offender management.

An important and timely study of probation in England and Wales, Human Rights in Probation will be of great interest to students and academics in probation studies, criminology and criminal justice, and human rights. It will also be of value to Probation Officers (including trainees) and other practitioners working in offender management services.