PROBATION OF OFFENDERS ordinance

Arrangement of Sections

1. Short title

2. Application of Ordinance.

3. Power to make Probation Order.

4. Circumstances in which Probation Order may be made.

5. Conditions in Probation Order.

6. Power of court to require recognisance by offender.

7. Payment of costs or damages and compensation.

8. Duration of Probation Order.

9. Extension of period of probation.

10. Modification or cancellation of Probation Order.

11. Omitted.

12. Provision for cases where Probation Order is not complied with.

13. Appeals.

14. Probation order: disqualification or disability.

15. Functions of Commissioner and Deputy Commissioner.

16. Central Probation Board.

17. Appointment of probation officers.

18. Probation units.

19. Duties of probation officers.

20. Expenses.

21. Rules.

22. Interpretation.

42 of 1944,

21 of 1947,

10 of 1948.

AN ORDINANCE to amend the law relating to the release of Offenders on Probation and to the supervision of such Offenders, and to provide for the establishment and administration of a Probation Service.

[Date of Commencement: 16th November, 1944]

1. Short title

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

2. Application of Ordinance.

The Minister of Justice may from time to time by Order published in the Gazette, declare that the provisions of this Ordinance shall be applicable in the case of persons convicted of offences committed within the limits of any judicial division specified in the Order.

Every judicial division specified in any Proclamation or Order for the time being in force under this section is hereinafter in this Ordinance referred to as a "proclaimed judicial division”.

3. Power to make Probation Order.

(1) Where any person is convicted by any court of any offence committed in a proclaimed judicial division and punishable by that court, and it appears to the court, having regard to all the circumstances of the case, including the nature of the offence and the age, sex and condition of the offender, that it is expedient that the offender should be released on probation, the court may, subject to the provisions of section 4, make a Probation Order in respect of the offender in lieu of sentencing him to any other punishment which the court may have power to impose:

Provided that, where the offender is a child or young person within the meaning of the Children and Young Persons Ordinance, the preceding provisions of this subsection shall not affect the power of the court to make an order under section 28(1) or 29(1) of that Ordinance.

(2) The court which makes a Probation Order shall cause a certified copy of the order to be transmitted to the Commissioner, and cause certified copies of the order to be delivered respectively to the offender and to the probation officer named in the order.

4. Circumstances in which Probation Order may be made.

(1) A court, before making a Probation Order in respect of any offender, shall—

(a) consider all such information relating to the character, antecedents, environment and mental or physical condition of the offender as may, at the instance of the court, be furnished orally or in writing by a probation officer of the probation unit for the judicial division in which the offence was committed;

(b) call for through such probation officer, and consider, a report from the Commissioner as to the suitability of the case for supervision under probation and as to the question whether the supervision of the offender can be undertaken by the probation officers of the division, having regard to the number of offenders for the time being under the supervision of such officers.

(2) No Probation Order shall be made by a court unless—

(a) the court has in simple language communicated to the offender the effect of the proposed order and of the conditions to be included therein, and explained that, if he fails to observe any such condition or commits another offence, he will be liable to be sentenced for the original offence; and

(b) the offender has given his written consent to the making of the order and agreed to observe the conditions thereof.

(3) For the purpose of enabling any information or report to be furnished under subsection (1) in respect of any offender, the court may postpone the determination of the case for any period not exceeding twenty-eight days, and may make order remanding the offender during such period to custody in the nearest prison established under the Prisons Ordinance or in such other place as may be appointed in that behalf by the Minister of Justice and notified in the Gazette.

Where the offender is in any such case released on bail, it shall be a condition of the bail bond that the offender shall report in person to a probation officer named in the bond within twenty-four hours of the release and at such other times as such officer may require.

(4) The report required under paragraph (b) of subsection (1) may be furnished by the Commissioner or by any other officer authorised by him to act on his behalf.

(5) The court may, in any case where written representations are made by a probation officer under paragraph (a) of subsection (1) in respect of any offender, direct that a copy of such representations be furnished to the offender, and hear any such evidence as may be tendered by the offender or the probation officer in relation to any matter referred to in such representations.

5. Conditions in Probation Order.

(1) Every Probation Order shall contain conditions requiring that the offender—

(a) shall, within twenty-four hours of the making of the order, present himself before the probation officer appointed to undertake the supervision of the offender, at such place as may be specified in the order;

(b) shall present himself before such probation officer at such place and at such times (not being less than once in each month) as may from time to time be specified by that officer, or shall, if required so to do by that officer in relation to any particular occasion, make a report in writing to that officer in lieu of presenting himself before him on that occasion;

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