A bill making it easier for authorities to deal with offenders who breach their probation was passed in the House of Assembly yesterday afternoon.

However the debate on the Criminal Code Amendment Bill 2005 threatened to spiral into a wider debate on the effectiveness of Government?s alternatives to incarceration (ATI) programme, with the Opposition declaring that unless Government is prepared to follow through on ATIs, the system will necessarily fail.

?The ATI simply isn?t working,? Shadow Public Safety Minister told MPs. ?I would?ve thought probation would be the carrot, and incarceration would be the stick ? we say, we?re giving you a chance, but you?ve got to take responsibility for your probation.? If the offenders then breach that probation, he said, they should know that they are facing ?the stick? ? a jail sentence or whatever the appropriate punishment for their offence would be.

The problem, Opposition Whip said, appears to be within the system itself. Citing an example given by Mr. Horton during his presentation of the bill, Mr. Barritt said that for it to take six months for authorities to get the necessary papers to prosecute some 16 individuals who have breached their probation was unacceptable. ?There need to be some rockets delivered ... rockets up the backsides of people who aren?t doing their jobs!? he said in frustration. The problem may not be with the civil service, he added, saying that those within the system may not have the resources or support they need. ?If we can?t move swiftly when (probation) is breached, it doesn?t work ... ATI becomes a mockery.

?These people (offenders) know how to play the judicial piano ... We are solving one problem (with this bill) but not the real problem.?

ATI needs follow-through, Shadow Legislative Affairs Minister agreed. ?If we are not in a position to enforce these things then the system is not working ... Government has to be honest and recognise that, so that we can fix it.?

?We certainly recognise this as being a situation that must be fixed,? Mr. Horton replied in regards to Mr. Barritt?s concerns about the 6-month delay, adding that the Chief Justice is addressing the issue. ?I think we will see significant improvement.?

As for the ATI programme itself, it does work, Mr. Horton said ? but it is not a panacea. ?I don?t care who you are, unless you?re Jesus Christ all the problems are not going to be solved.?

He agreed with Mr. Burgess?s comment on personal responsibility, and pointed out that the powers of the courts to fine or send to jail those who breach their probations are not being taken away. ?We aim to get people back into society as responsible citizens,? he said. ?But I?m not going to stand here and say this will solve everything.?

The Criminal Code Amendment Bill enables a court that orders probation to deal with any breach, without the need for the person concerned to be separately prosecuted for it.