PROBATION OF OFFENDERS ACT

ARRANGEMENT OF SECTIONS

   1   Short title

   2   Interpretation

   3   [Deleted by Act 9 of 1985 s 85.]

   4   [Deleted by Act 9 of 1985 s 85.]

   5   Power of Court to permit conditional release of offenders

   6   Probation order

   7   Further provisions where Court makes probation order

   8   Commission of further offences by probationers

   9   Failure by probationer to comply with probation order

   10   Probation order; disqualification or disability

   11   Transmission of documents when case is remitted to another court

   12   Amendment of probation orders

   13   Discharge of probationers

   14   Transmission of copies of orders for amendment or discharge of probation orders

   15   Power to release offenders conditionally upon entering into recognizances

   16   Recognizances

   17   Application of certain provisions of this Act to persons entering into recognizances under section 15

   18   [Deleted by Act 9 of 1985 s 85.]

   19   [Deleted by Act 9 of 1985 s 85.]

      [Deleted by Act 9 of 1985 s 85.]

   20   [Deleted by Act 9 of 1985 s 85.]

   21   [Deleted by Act 9 of 1985 s 85.]

   22   Reports of probation and after-care officers

      SCHEDULE

 

THE PROBATION OF OFFENDERS ACT

[Date of Commencement: 12th November, 1948]

Cap 310.

Laws
7 of 1955,
23 of 1961,
10 of 1970,
37 of 1975,
9 of 1985,
19 of 2000.

1   Short title

   This Act may be cited as the Probation of Offenders Act.

2   Interpretation

   In this Act-

   "the Commissioner" has the meaning assigned thereto by section 2 of the Corrections Act;

[9/1985 s 85.]

   "inspector" has the meaning assigned thereto by section 2 of the Corrections Act;

   "magistrate" includes Resident Magistrate and Justice of the Peace,

   "probation order" means an order made under this Act placing a person under the supervision of a probation and after-care officer;

   "probation and after-care officer" means a person appointed under the Corrections Act to be a probation and after-care officer,

   "probationer" means a person placed under supervision by a probation order.

3   [Deleted by Act 9 of 1985 s 85.]

4   [Deleted by Act 9 of 1985 s 85.]

5   Power of Court to permit conditional release of offenders

   (1) Where any person is charged with an offence which is punishable on summary conviction, and the Court thinks that the charge is proved but is of opinion that having regard to the circumstances, including the nature of the offence and the character and home surroundings of the offender, it is expedient to release the offender probation, the court may-

   (a)   convict the offender and make a probation order, or

   (b)   without proceeding to conviction, make a probation order:

   Provided that before making a probation order the court shall explain to the offender in ordinary language the effect of the order and that, if he fails in any way to comply therewith or commits another offence, he will be liable to be sentenced or to be convicted and sentenced for the original offence, and if the offender is not less than fourteen years of age the court shall not make a probation order unless the offender expresses his willingness to comply with the provisions of the order.

[23/1961 s 4.]

   (2) Where any person is convicted of an offence which is not punishable on summary conviction, and the court is of opinion that, having regard to the circumstances, including the nature of the offence and the character and home surroundings of the offender, it is expedient to release the offender on probation, the court may in lieu of imposing a sentence of imprisonment, make a probation order:

   Provided that before matting a probation order the court shall explain to the offender in ordinary language the effect of the order and that, if he fails in any respect to comply therewith or commits another offence, he will be liable to be sentenced for the original offence, and the court shall not make a probation order unless the offender expresses his willingness to comply with the provisions of the order.

6   Probation order

   (1) A probation order shall have effect for such period not less than one year and not more than three years from the date of the order as may be specified therein, and shall require the probationer to submit during that period to the supervision of a probation and after-care officer appointed for or assigned to the parish in which the probationer will reside after the making of the order, and shall contain such requirements as the court considers necessary for securing the supervision of the offender, and such additional requirements as to residence and other matters (including submission by the probationer to medical treatment) as the Court, having regard to the circumstances of the case, considers necessary for securing the good conduct of the offender or for preventing a repetition of the same offence or the commission of other offences:

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