Has anyone had a client summoned for failing to comply with PSS solely on the grounds of committing another offence? By reference to the CJA 03 this seems lawful but not in the public interest.

Client was prosecuted at HCMC and punished for the new offence. The court would have been aware of his recent imprisonment and PSS status (an aggravating feature). Probation were present in court of course.

Now he has to go to Willesden MC 2 months later to answer a breach of PSS.

Surely they could have dealt with the breach of the PSS at HCMC on the day, similar to how they can put a breach of a Community Order to a defendant on a new offence (but rarely do).

Is anyone aware of any codes or principals that apply to Probation when deciding whether to breach someone?

Kind regards,

Mark Troman

Solicitor and Higher Courts Advocate

Powell Spencer & Partners

270 Kilburn High Road

London NW6 2BY

DX 123862 Kilburn 2

For prosecutors and courts only: mark.troman@psplaw.cjsm.net

Tel: 0207 604 5600

Fax: 0207 328 1221

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