Probation shortages hold up court cases
Sunday November 08 2009
THOUSANDS of criminal cases nationwide now face the threat of major delays because of the impact of personnel shortages on the Probation and Welfare Service (PWS).
Judges have been requested by the PWS to prioritise criminal cases for special sentencing reports, given the mounting impact of new manpower restrictions.
The request -- included in a letter sent to judges recently -- could now result in significant delays in the sentencing of non-priority criminal cases before both the District and Circuit Courts.
The Sunday Independent understands that the PWS is now operating with an estimated 20 per cent reduction in staffing levels compared to 2007 -- and is unable to recruit replacement personnel. The service is now increasingly unable to complete probation reports, as requested by the courts, in its usual eight-week timeframe.
Last week, one of Ireland's most senior criminal court judges, Judge Patrick Moran, told Cork Circuit Criminal Court that the director of the PWS has asked for cases to be prioritised for probation reports. Judge Moran said that the director explained that the service is now operating with significant manpower restrictions with inevitable consequences for the time period required to complete probation reports.
The PWS -- like all other elements of the public service -- is subject to the Government's recruitment ban with all new positions only being filled with the confirmation of the Department of Finance.
In the letter, the PWS director explained that priority is now being given to cases where individuals are deemed likely to pose a risk of re-offending.
The other priority for report preparation is being given to serious, complex, cases where a PWS report is likely to prove crucial for the preparation and imposition of sentence.
The Sunday Independent understands that overall priority will be given to cases coming before the Central Criminal Court -- including murder, manslaughter and serious sexual assaults.
However, judges in both the District and Circuit Courts are now being asked to indicate to the PWS the priority level being attached to individual cases and the request for related probation reports.
Judge Moran said the situation was unavoidable given the staff pressures within the probation service.
- Ralph Riegel
Sunday Independent
