Factual Inquisition and Observation



Factual inquisition and Observation means the finding of facts and details about personal information and social background; guilt and circumstances of the case; and extenuating circumstances pertinent to the person under factual inquisition and observation before the Court judgement for the purposes of compiling facts to be processed and analyzed to find a proper punishment and rehabilitation considering a safety of society.

The Court has the power to appoint a probation officer to conduct inquisition and observation under Criminal Code section 56, General Offences.

Guidelines for Reprieve and Probation

“ Whoever commits an offense of imprisonment, and in such case, the Court will imprison not exceeding 5 years, if it appears that such person…

  1. Has never been imprisoned before or;

  2. Has been imprisoned before, but it is a punishment for offence committed by negligence or petty offence, or had been imprisoned not exceeding 6 months or;

  3. Has been imprisoned before but has been released form jail more than 5 years before commit a new offence by negligence or petty offence … ”


Procedure of Factual Inquisition and Observation

  1. A probation officer compiles fact pertinent to the person under factual inquisition and observation from any related evidence

  2. A probation officer analyzes personal information and social background of the person under factual inquisition and observation considering a safety of society and self-improvement method in his/her community then reports to the Court

  3. The facts and opinions from a probation officer are submitted to assist considerations by the Court for a proper punishment


There are always the ins and outs of the Court judgement on a punishment. The consideration is based on social background resulting from a behavior of the person under factual inquisition and observation. If such person has committed an offence and has been punished before, it would be difficult to get just a slap on the wrist since it is considered that such person commits the offence by negligence. In other words, committing the offences again and again definitely leads to a heavier punishment.

Credit: Department of Probation and Facebook page @interesting.deka

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