ChatterBank0 min ago
Probation license
In 2004 I was sentenced to a 2 year custodial sentence plus a 5 year extended license on probation. I have now completed the initial sentence period and have been on license for 2 years. At my last meeting with a probation officer I was informed that they were changing my conditions due to recent actions by myself that were not illegal but considered unsuitable and i was given a revised copy to sign with 2 additional conditions as a result.
My question is can probation change license conditions without going to court, (even if they have a good reason) as i was under the impression that this is a legal document that cannot be changed.
Any advice which can clarify this would be much appreciated.
My question is can probation change license conditions without going to court, (even if they have a good reason) as i was under the impression that this is a legal document that cannot be changed.
Any advice which can clarify this would be much appreciated.
Answers
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No best answer has yet been selected by kjl1972. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.as you are in the care of the probation office,and on licence,im afraid they can change,amend or alter the conditions of the licence in what way they think is suitable.it seems you have broken the first licence,so a new one must be implied to you.(this info is from my wife who works for the probation service)
As Norman indicates, the Probation Service can amend the terms of a licence since the over-riding condition of any release licence is that the offender should comply with all reasonable requirements of the Probation Service. A decision to change the terms of a licence can only be challenged, through the courts, on the grounds that the Probation Service have acted unreasonably in amending the terms of the licence.
For example, someone might have a licence condition that they can't go within 1 mile of the home of Ethel Bloggs. If the Probation Service later realize that Ethel works on an Asda checkout, and the person on licence might shop there, they could reasonably impose an additional condition preventing him from entering that branch of Asda. However, if they changed the licence conditions so as to ban him from all Asda stores, the decision could be overturned, on judicial review, on the grounds that it was unreasonable.
Chris
For example, someone might have a licence condition that they can't go within 1 mile of the home of Ethel Bloggs. If the Probation Service later realize that Ethel works on an Asda checkout, and the person on licence might shop there, they could reasonably impose an additional condition preventing him from entering that branch of Asda. However, if they changed the licence conditions so as to ban him from all Asda stores, the decision could be overturned, on judicial review, on the grounds that it was unreasonable.
Chris