| dc.description.abstract | In the field of criminal justice, probation means a sentence whereby a convict is
released from confinement but is still under Court supervision. The development of
community sentences reflects the search for non-prison punishment. The desire for
such punishment has been justified by arguments based on cost-effectiveness, just
deserts philosophy, and rehabilitation of the offender than the punishment of
offenders. Probation can also be considered as an opportunity given to the offender
to correct him/herself whilst in the society. Therefore, probation may be identified
as a form of community correction. Probation as a community sentence was
introduced to the legal system in Sri Lanka by enacting the Probation of Offenders
Ordinance, No. 42 of 1944 to reduce the cost incurred, rehabilitate the offender, and
reduce the crime rate. However, there is a question as to whether the law relating to
Probation successfully achieved that intention of the legislature. The objective of
this study is to ascertain the effectiveness of the law relating to probation in
achieving its main goals. Both qualitative and quantitative modes are employed in
this research. Secondary data such as published and unpublished printed and online
literature, case law, and statutory provisions are critically and qualitatively analysed
whilst the information received from Probation Officers is statistically analysed. In
this study, it was found that dilemmas in the law relating to probation and the gap
between the law and implementation/practice have led to the ineffectiveness of
probation as a community sentence in Sri Lanka. Therefore, it is suggested to reform
the Act to meet the objectives of probation as a community sentence. | en_US |
