Legislation relevant to Probation in Irish Law

Probation of Offenders Act, 1907 is the legal instrument that provides for statutory supervision of offenders in the community and is the foundation for probation work in Ireland. We usually become involved in the criminal justice process between the trial and sanction/sentencing phases, often in cases where a Court requires a pre-sanction assessment to assist in deciding on an appropriate sanction. In some cases, the Court may be considering placing an offender on probation.

Provisions in Irish Law for Probation:

Criminal Justice (Community Service) Amendment Act, 2011

Criminal Justice (Temporary Release of Prisoners) Act, 2003

Children Act, 2001

Sex Offenders Act, 2001

Probation of Offenders Act, 1907

In addition to the Constitution and relevant legislation, our practice is guided by:

United Nations Standard Minimum Rules for Non-custodial Measures (The Tokyo Rules) 68th plenary meeting, 14 December 1990 45/110.

Irish Association of Social Workers Code of Ethics

Recommendation CM/Rec (2010) 1 of the Committee of Ministers to member states on the Council of Europe Probation Rules

Framework Decision 2008/947/JHA on the mutual recognition of probation measures

Recommendation No. R (92) 16 of the Committee of Ministers to member states on community sanctions and measures

Recommendation Rec (2000)22 of the Committee of Ministers to member states on improving the implementation of the European rules on community sanctions and measures

Recommendation Rec(2000)22 of the Committee of Ministers to member states on improving the implementation of the European rules on community sanctions and measures

Recommendation Rec(2006)2 of the Committee of Ministers to member states on the European Prison Rules (Adopted by the Committee of Ministers on 11 January 2006 at the 952nd meeting of the Ministers' Deputies)