Introduction
When a criminal commits an offence, there are two ways to treat him. One method punishes him, while the other rehabilitates him using specific techniques. These are Probation and Parole, respectively.
Probation and Parole are two techniques that are used to rehabilitate offenders. In these techniques, the offenders are released from prison on some justified grounds. However, there are some differences between these two techniques.
Definition
According to Wikipedia
“Probation is a period of supervision over an offender that is ordered by the court instead of serving time in prison.”
According to Black’s Law Dictionary
“Parole is the release of a prisoner from imprisonment before the full sentence has been served.”
Probation
Probation is granted to the offender at trial by the Judge instead of jail time or in combination with some jail time. The Judge also imposes some restrictions on the offender during the probationary period. The Judge may impose a Probation Officer for his supervision.
The Probation of Offenders Ordinance 1960 says;
“Probation is the termination of sentence of imprisonment or the postponement of final judgment in a court.”
In other words, Probation is a warning the Judge gives the offender so that he may not behave non-seriously in the future. This allows the criminal to reform themself within due time.
According to Section 3 of the Ordinance 1960, the following courts are given the power to exercise Probation.
- High Court
- Session Court
- Judicial Magistrate
Probation allows the offenders to stay outside the jail and in their society for a specified time. A Probation Officer is imposed upon him for his supervision.
Objectives of Probation:
Probation is granted to the offenders;
- To promote the supremacy of law
- To stop the conversion of juvenile offenders into professional criminals
- To allow the offender to reform himself according to his own will
- To make the offender a responsible man in society.
Who can Enjoy Probation?
Probation is not awarded to;
- Those criminals who have given false evidence
- Habitual and Professional offenders
- Sexual Offenders
- Convicts having fixed sentences
- House breakers at night
- Robbers and Dacoit
Necessary Factors for Probation:
These points must be kept in mind at the time of the release of an offender on Probation
- Type of the offence committed
- Age of the Offender
- Gender of the offender
- The behaviour of the offender at the time of FIR and Trial
- Is Mens Rea involved or not?
- Are they first-time offenders?
- Is the offender deprived or not?
Parole
Parole is the offender’s early release from prison based on conditions. The Judge or some other superior authority imposes the requirements on the offender.
Parole allows the offender to return to his community under specific terms and conditions under the supervision of a Parole Agent. The violation of the words may result in the re-imprisonment of the offender.
Parole is granted only by a Commission Board.
Objectives of Parole:
The objectives of Parole are the following
- The released offenders must not commit new crimes or repeat the same
- The decision of Parole Boards should be appreciated
- The released offender must not be involved in violent matters
- To remove the criminals at the proper time in prison
Necessary Factors for Parole:
The following points must be kept in mind by the Parole Board while releasing the offender on Parole;
- What was his attitude in the prison
- What was his appearance before the Parole Board
- Whether he can get a suitable job after the release
- Whether he has a shelter to live in after release
- Is there any chance of his rehabilitation
- The severity of his crime
Purpose of Probation and Parole
The mission of Probation and Parole is to rehabilitate offenders on community-based corrections to promote peace and social justice.
The Function of Probation and Parole
The primary purpose of The Probation of Offenders Ordinance, introduced in Pakistan in 1960, was to release the offenders instead of imprisonment. The offender will be released under the supervision of a Probation Officer.
Parole and probation offices promote the correction and rehabilitation of criminal offenders.
Difference b/w Probation and Parole
- The Judiciary gives probation, but the Executives recognize Parole.
- In Probation, the sentence is suspended, and the decision is postponed, but Parole is given to a prisoner who has completed mandatory imprisonment.
- The Judiciary is responsible for Probation, but the Executive is accountable for Parole.
Conclusion
It is concluded that Probation is a decision given by a Judge at the Trial Stage. In Probation, a convicted person can live in society for a particular period.
However, Parole is the prisoner’s release before the end of their sentence.
