CASE SUMMARIES : Probation

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The following notes of judgments were prepared by the reporters of the All England Law Reports.

Probation

R v Peacock; CA (Cr Div) (Lord Taylor CJ, Potts, Sachs JJ); 18 Oct 1994.

The fact that a judge imposing a probation order had incorporated a condition, by warning the defendant not to commit any further offence during the order's currency lest he find himself back in court with consequences uncomfortable to him, did not render the order unlawful. As the object of a probation order was to prevent, inter alia, the commission of further offences, it was possible under ss 2(1)(b) and 3(1)(b) of the Powers of Criminal Courts Act 1973, as substituted by ss 8 and 9 of the Criminal Justice Act 1991, to make an additional requirement in that regard.

Nigel van der Bijl (Registrar of Criminal Appeals) for the appellant; David Wicks (CPS) for the Crown.

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