Concern was expressed yesterday that people coming before the District Courts in Co Clare might have been sent to jail unnecessarily due to the continued absence of a probation service in Clare.
Courts in the county have now been without a probation service for one year. The president of the Clare Law Association, Mr Ronan Connolly, said yesterday: "I would fear that people have been sent to jail unnecessarily with no probation reports available to the judge." He added: "It has to be happening and will continue happen in the future if the situation is not addressed very quickly. What option does the judge have when he doesn't have an expert report to guide him on what action to take?"
Mr Connolly said that the absence of a probation service "is totally unacceptable and makes the court system unworkable.
"It seems no importance is attached to having a probation service in place by those in authority when it is in fact fundamental to the working of the court system." He added: "There is already a massive backlog in the system where probation reports have not been carried out for a year now and cases continue to be adjourned."
Since last July, Clare's probation officer has been on sick leave and the probation service, despite earlier this year advertising for a temporary replacement and holding subsequent interviews, has failed to fill the post. One of the main tasks of a probation officer is to draw up reports for the judge, to guide him or her as to whether a custodial sentence is the appropriate corrective measure or not for offenders in cases. Often, as an alternative to jail, treatment for alcohol or drug abuse is recommended.
In response to the situation, District Justice Joseph Mangan has described the situation as "appalling" and remarked that his court is being forced to operate in circumstances that prevailed in Victorian times.
Judge Mangan recently called for an urgent meeting with senior Clare gardaí and the Clare Law Association to address the issue.
In a letter to the Minister, for Justice, Mr McDowell on the issue, Ennis-based solicitor Mr Stephen Nicholas says: "The buck must stop somewhere and someone must take responsibility for this sad state of affairs.
"Occasional lip service has been paid to the idea of a resolution of the situation, such as promises that 'the matter is being looked after and the like'. However, as a year has now elapsed it must be assumed that nobody cares, or at least, cares enough." He goes on: "It would appear that the courts service do not accept the absolute necessity of having a probation service available throughout every area of the country at all times. I would submit that this is not acceptable in any civilised and humane society."
Mr Nicholas was writing to the Minister to ensure that a probation service in place as soon as possible to prevent a client of his being sent to jail. In the case, which has been adjourned to September 20th next for a probation report to be carried out, Mr Nicholas writes that "Judge Mangan has indicated that if probation reports are not available on the adjourned date, he will have no alternative but to send my client to jail for six months."
Mr Nicholas adds: "Judge Mangan expressed the view that this may not be in the best interests of the defendant, who clearly requires help and assistance, rather than incarceration."
A spokesman for the probation service yesterday described the situation as "totally unsatisfactory".
