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The University of Hull Social Reintegration of Offenders: The The University of Hull Social Reintegration of Offenders: The Role of the Probation Service in North West Frontier Province, Pakistan Being a Thesis Submitted for the Degree of Doctor of Philosophy In the University of Hull By Basharat Hussain November 2009 Dedications To the memory of my father Altaf Hussain, uncle Khadam Ali and grandfather Wahab Ali (Lala) who have supported me since the beginning of my studies but sadly passed away before the completion of my thesis Also to my mother, and my wife Riffat Shaheen who suffered due to my prolonged absence, but always prayed and wished for the successful completion of my thesis. i Abstract This thesis examines the role of the probation system in the social reintegration of offenders in NWFP, Pakistan. Probation is the punishment most widely associated with rehabilitation and helping offenders to lead law-abiding lives. The probation system in Pakistan has a colonial origin. The Probation Ordinance of 1960 has its origins in the Criminal Procedure Code, 1898 (Amended 1923) passed into law by the British Colonial government. The passing of the probation law in 1960 was part of General Ayub Khan‟s attempt to modernise Pakistan. The central argument of this thesis is that the meaning of punishment changes when it is taken out of its cultural setting. The punishment of probation has no equivalent in Pakistani culture. Throughout this study, it was found that probation was perceived differently by the probation officers in the Reclamation and Probation Department (RPD) of NWFP Pakistan, the judicial magistrates who are empowered to grant probation orders and the offenders placed on probation. The result is a deluded system which was founded upon the rehabilitation ideal but which tries to offer an „advice, assist and befriend‟ service. The empirical data showed that even that support was not provided. Probation officers measured their success in terms of how many people they were able to persuade judicial magistrates to release to them on probation. This made their job resemble that of the 19th century missionaries in England – „saving souls‟. It is argued that the problems of the RPD are due to lack of political support for the probation service in Pakistan, evidenced by its lack of identity and infrastructure. This has meant that the RPD has not „evolved‟ enough to be able to meet its goals of rehabilitation and reintegration of offenders. ii Acknowledgements First and foremost, all praise to God, the Almighty who gave me the courage, ability, health and strength to complete this thesis. I received assistance from many individuals in the completion of my thesis. Among all, I would like to express my deep and sincere gratitude to my honourable research supervisor Dr. Bankole Cole for his guidance, consistent encouragement, and devotion to my work. Without his outstanding knowledge, scholastic depth and support, this work would never have been completed. Throughout this academic endeavour, he dedicated considerable time and attention to my work. I often troubled him in our supervisory meetings and otherwise in relation to my work; however, I always found him happy to give me the required feedback. It is because of his encouragement and support that I have been able to produce work of this quality on probation in Pakistan. I am deeply grateful to my co-supervisor, Prof. Keith Bottomley – a prominent professor of Criminology and Criminal Justice – for his guidance, keen interest, valuable comments and positive criticism. His profound knowledge and logical way of thinking have been of great value to me. I must express my gratitude to the Director, Deputy Director, Probation Officers and probationers of the Reclamation and Probation Department, NWFP, Pakistan who helped me during the course of data collection. I am thankful for their time and valuable information. I am also thankful to all the staff of the Department of Social Work, University of Peshawar, iii Pakistan, especially to Prof. Dr. Sarah Safdar, Prof. Dr. Zari Rafiq, Professor S. Sajjad Hussain Shah, Prof. Dr. Amirzada Asad and Mr. Shakeel Ahmad for their encouragement and moral support. I am also thankful to my friends from Peshawar University, Mr. Noor Shah Jehan (International Relation Department), Dr. Johar Ali (Sociology and Anthropology Department), Mr. Salman Bangash (History Department), and Mr. Zahid Ali (History Department) who were unfailingly helpful to me throughout this research project. Special thanks to my family friends Dr. Mark Johnson (Sociology & Anthropology) and Dr. Suzanne Clisby (Gender Studies) of Hull University who encouraged me to study at this prestigious academic institution and provided me with continuous academic and moral support. I am deeply grateful to my wife Riffat Shaheen, to my son Afnan Abbas and little princess Alisha Zahra who suffered all the pains but wished me to successfully complete my thesis. In addition, I am also grateful to my mother, brothers and sisters for their prayers and continuous spiritual support. Basharat Hussain iv Table of Contents Contents Page # Dedication i Abstract ii Acknowledgements iii Abbreviations xi List of Tables and Diagrams xii Introduction 1 Chapter 1 – The Idea of Punishment 1.1 Introduction 12 1.2 Defining Punishment 13 1.3 The Scope of Punishment 15 1.4 What Punishment Expresses 19 1.5 The Rationale of Punishment 21 1.6 Philosophical Justification of Punishment 25 1.6.1 The Retributive School of Thought 26 1.6.2 The Consequentionalist School of Thought 34 1.7 How much Punishment is Enough? 47 1.8 What can Punishment Achieve? 51 1.9 Punishment and Culture 53 1.10 Punishment and Islam 55 1.11 Summary 57 v Chapter 2 – The Philosophy and Practice of Probation 2.1 Introduction 60 2.2 Changing Faces of Probation in England and Wales 61 2.2.1 Saving the Sinners: The Missionary Phase (1876 – 1907) 62 2.2.2 Treatment and Rehabilitation of Offenders: The Welfare Phase (1907- 66 Early 1970s) 2.2.3 Nothing Works: Diversion from Custody Phase (Mid1970s – 1982) 77 2.2.4 The Punishment in the Community Phase (1982 – 1997) 86 2.2.5 What Works and Effective Practice (1997 onward until present day) 94 2.3 Summary 102 Chapter 3 – The Development and Operation of the Probation Service in Pakistan and in the North West Frontier Province 3.1 Introduction 106 3.2 The Background of Probation in Pakistan 106 3.3 Probation Service in NWFP 111 3.4 Initial Problems and Difficulties 111 3.5 The Reclamation and Probation Department (RPD), NWFP 116 3.5.1 Objectives of RPD, NWFP 116 3.5.2 Responsibilities of RPD 119 3.5.3 The Structure of the RPD 120 3.6 Salient Features of Probation Legislation 126 3.6.1 Scope of the Probation of Offenders Ordinance 1960 126 3.6.2 Courts Empowered to deal with Probation Cases 128 3.6.3 The Role of Probation Officer in the Court Decision Making Process 133 3.6.4 The Making of a Probation Order 134 3.6.5 The Probation Order 135 vi 3.6.6 Conditions of Probation Order 136 3.6.7 Probationers‟ Profiles (2000-2004) 137 3.6.8 Supervision and Rehabilitation of Offenders 141 3.6.9 Procedure in Case of Breach Case 142 3.6.10 Monitoring the Work of Probation Officers 143 3.7 Summary 144 Chapter 4 – The Research Methodology 4.1 Introduction 146 4.2 Research Aims 146 4.3 Research Design and Process 148 4.4 Research Strategy 150 4.5 Tools of Data Collection 151 4.5.1 In-depth Semi-Structured Interviews 151 4.5.2 Documentary Data 155 4.5.3 Observations and Field Notes 156 4.6 Access to the Study Area 157 4.7 The Research Population 159 4.7.1 Probationers 159 4.7.2 Probation Officers 161 4.7.3 Judicial Magistrates 161 4.7.4 The Director and Deputy Director RPD, NWFP, Pakistan 161 4.8 Sampling Procedure 162 4.8.1 Sample Size 163 4.8.2 The Sample of Probationers 165 4.9 The Field Work 168 vii 4.9.1 Preparatory Stage 168 4.9.2 The Pilot Study 169 4.9.3 The Main Study 170 4.10 Timing of Field Work 170 4.11 Transcription, Interpretation and Analysis of Data 171 4.11.1 SPSS Analysis 173 4.12 Validity of Data 173 4.13 Ethical Considerations 174 4.14 Summary 176 Chapter 5 – Probation Practice: Probationers’ Perspective 5.1 Introduction 178 5.2 Demographic Characteristics of Probationers 179 5.3 Types of Offences for Which Offenders were on Probation 180 5.4 Guilty or not Guilty? 181 5.5 Crime History of the Probationers 186 5.6 On Detention Awaiting Trial 189 5.7 Probationers‟ Understanding of Probation 191 5.8 Problems Encountered by Probationers 192 5.9 Experience of Probation 195 5.10 Issues Surrounding Reintegration of Probationers 198 5.11 Summary 203 Chapter 6 – Probation Practice: Probation Officers’ Views 6.1 Introduction 206 6.2 Demographic Characteristics of the Probation Officers 207 viii 6.3 Training and Working Conditions of Probation officers 208 6.4 Dealing with Judicial Magistrates 209 6.4.1 Working Relationship with Judicial Magistrates 209 6.4.2 Probation Officers‟ Reports and Recommendations 213 6.5 Working with Probationers 215 6.5.1 Probation Officers‟ Perception of their Clients 215 6.5.2 The Supervision 216 6.5.3 A Case Study of an „Advice and Counselling Session‟ in a Probation 220 Officer‟s Office 6.5.4 Dealing with Breach Cases 222 6.6 Probation Officers‟ Evaluation of their Performance 227 6.7 Summary 228 Chapter 7 – A Critique of the Process: The Role of Judicial Magistrates 7.1 Introduction 232 7.2 Demographic Characteristics and Daily Caseload of Judicial Magistrates 233 7.3 Deciding on the Award of a Probation Order 234 7.3.1 Reliance on Police Report 235 7.3.2 The Role of Defence Lawyers 237 7.3.3 Role of the Probation Officer
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