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Irish Probation Journal Journal Probation Irish ISSN 1649-639X Irish Probation Journal Volume 4 Number 1 September 2007 1 September 4 Number Volume Providing a forum for sharing theory and practice, increasing co-operation and learning between the two jurisdictions and developing debate about work with offenders. Volume 4 Number 1 September 2007 Irish Probation Journal General Information & Guidelines for Contributors IPJ, a joint initiative of the PS and the PBNI, Originality: Submissions will be considered on Providing a forum for sharing theory and practice, increasing co-operation and learning aims to: the understanding that they are original papers between the two jurisdictions and developing debate about work with offenders. ● Provide a forum for sharing good theory and that have not been published or accepted for practice, increasing co-operation and learning publication elsewhere. This does not exclude Irish Probation Journal (IPJ) is a joint initiative of the Probation Service (PS) and the between the two jurisdictions and developing submissions which have had limited or private Probation Board for Northern Ireland (PBNI). debate about work with offenders. circulation, e.g. in the writer’s local area, or as a ● Reflect the views of all those interested in conference paper or presentation. Editors Published by: criminal justice in an effort to protect the Jean O’Neill, PBNI public and to manage offenders in a humane Probation Service Type and Length: David O’Donovan, PS and constructive manner. Smithfield Chambers ● Publish high-quality material that is accessible Article: Preferably between 3,000 and 5,000 Smithfield, Dublin 7 to a wide readership. words including references, contributions up to a Ireland maximum of 7,000 words will be considered. Editorial Committee +353 (0)1 817 3600 IPJ is committed to encouraging a diversity of Comment: More informal opinion piece on any Brian Dack, PS www.probation.ie perspectives and welcomes submissions which appropriate topic: 1,000–1,500 words including Kieran Hill, PBNI genuinely attempt to enhance the reader’s references, 2,500 words maximum. Graham Kelly, PBNI Probation Board for Northern Ireland appreciation of difference and to promote anti- Practice Note: Brief description of a recent piece of 80–90 North Street discriminatory values and practice. practice or practice-related issue or development: Belfast BT1 1LD 1,000–1,500 words including references, 2,500 Preliminary Consultation: If you have a draft Advisory Panel Northern Ireland words maximum. submission or are considering basing an article on Mary Anderson, Assistant Principal Research/Report: Account of recent empirical +44 (0)28 9026 2400 an existing report or dissertation, one of the co- Social Worker (Training), Northern www.pbni.org.uk research, analysis, conference paper or working Area Health and Social Services editors or a member of the Editorial Committee will be pleased to read the text and give an party report drawing attention, if possible, to the Board © Probation Service, Probation Board for Northern opinion prior to the full assessment process. availability and price of the full report or Dr Joseph Duffy, Senior Clinical Ireland and individual authors, 2007 document, sight of which would be appreciated: Psychologist, Irish Prison Service (on Submissions: Contributions are invited from 400–500 words, 1,000 words maximum. secondment to the Psychological Note practitioners, academics, policymakers and Resource: Short account of a handbook, video, Society of Ireland, as Director of The views expressed in contributions to this journal are representatives of the voluntary and community groupwork exercise, advice and information guide Professional Development) those of the individual authors alone and may not sectors. etc.: 50–100 words. Please send a sample copy of Carmel Halton, Lecturer, Department necessarily reflect the views or policies of any other body IPJ is not limited to probation issues and the item, if available, as it may be possible to of Applied Social Studies, University review it more fully. or organisation, in particular the Editorial Committee, welcomes submissions from the wider justice College Cork arena, e.g. prisons, police, victim support, juvenile the Probation Board for Northern Ireland, the Probation Review: Review of a recent relevant publication: justice, community projects and voluntary Dr Hilda Loughran, Department of Service, Northern Ireland Office or the Department of 400–1,000 words. Please contact one of the co- organisations. Social Policy and Social Work, Justice, Equality and Law Reform. editors first in case a review has already been University College Dublin Articles which inform the realities of practice, commissioned. evaluate effectiveness and enhance understanding Prof. Kieran McEvoy, Criminology Letter: Letters in response to an article, to extend IPJ is an annual publication distributed widely to of difference and anti-oppressive values are Department, Queen’s University debate or as a convenient way of raising a new criminal justice agencies and individuals working with particularly welcome. Belfast issue are extremely welcome: up to 500 words. offenders and victims and others, to reduce offending. Submissions (in MS Word attachment) should Fergus McNeill, School of Social Work, be sent to either of the co-editors. Universities of Glasgow and Volume 4 Number 1 September 2007 Peer Review: The Editorial Committee, Strathclyde Jean O’Neill, PBNI comprising PS and PBNI probation practitioners Dr Ian O’Donnell, Director, Institute ISSN 1649-639X [email protected] with varying areas of special interest and of Criminology, University College experience, assesses each submission. Articles may Dublin Publishing Consultants: Institute of Public Administration, David O’Donovan, PS also be referred to members of the Advisory Panel Dr Brian Stout, Senior Lecturer, Vergemount Hall, Clonskeagh, Dublin 6, Ireland. +353 (0)1 240 [email protected] for consideration. Division of Community and 3600. [email protected] Criminal Justice, De Montfort Typeset by Computertype, Dublin More detailed guidelines for contributors are available from the Editorial Committee on request University Printed in Ireland by Future Print, Dublin and should be followed when making submissions. Contents Editorial 3 Probation in Ireland: A Brief History of the Early Years 5 GERRY McNALLY Should Northern Irish Probation Learn from NOMS? 25 BRIAN STOUT Rethinking the ‘Equality of Arms’ Framework between the State and the Accused in the Republic of Ireland 32 SHANE KILCOMMINS and JOHN CONSIDINE Probation Practice and Citizenship, Good Relations and the Emerging European Intercultural Agenda 46 DERICK WILSON The Place of Victims in the Criminal Justice System 63 SHEENA NORTON Community Service in Northern Ireland 77 JOHN BOURKE The Roma Project: A Case Study of Community Service 85 BRIAN HORGAN The Level of Service Inventory in the Republic of Ireland 93 PETER DAVIES The Assessment, Case Management and Evaluation System (ACE) in Northern Ireland 101 PAT BEST Treating Addiction, Tackling Crime: The Impact of Probation-Led Residential Treatment on Offender Substance Misuse, Recidivism and Attitudes Towards the Criminal Justice System 108 TARA HOLLWAY, SONIA MAWHINNEY and NOEL SHEEHY 1 2 Contents The Probation Board for Northern Ireland’s Cognitive Self-Change Programme: An Overview of the Pilot Programme in the Community 125 ROBIN JORDAN and GERALDINE O’HARE Measuring the Effectiveness of Court Penalties Using Reconviction Analysis 137 LOUISE COOPER and LAURA DUNCAN Book Review 142 IRISH PROBATION JOURNAL Volume 4, Number 1, September 2007 Editorial This year is the centenary of the path-finding Probation of Offenders Act 1907. It is recognised as a significant landmark for probation on this island, and those who are or have been involved in delivering probation services have much to be proud of. Over the past one hundred years, generations of dedicated staff have worked with individuals and their families, as well as with a range of statutory and voluntary agencies in the community, to manage, rehabilitate and (re)integrate offenders into society. Their innovative and caring spirit firmly established probation as meeting a significant social need and enabled probation to adapt to the changing expectations of the judiciary, other criminal justice stakeholders and the public. This spirit continues and probation is now recognised as the lead agency in the supervision of offenders. The articles in this fourth volume of the IPJ both reflect the achievements of the past and highlight current best practice. Gerry McNally outlines the history of the Probation Service, how it grew and developed, adapting to challenges over the years. Shane Kilcommins and John Considine examine the evolving state intervention in the operating model of criminal trials. Such reflections can help us shape our future direction at a time when probation in both jurisdictions is facing significant change: in Northern Ireland, with the introduction of a new sentencing framework within a devolved criminal justice system; and in the Republic of Ireland, with the completion of Probation Service restructuring and of updated working relationships with courts and prisons. We can also learn from what is happening elsewhere. For example, Brian Stout looks at the introduction of NOMS in England and Wales, and considers its possible implications for Northern Ireland.Two further articles outline the origin and principles of the