PROBATION ACT

ARRANGEMENT OF SECTIONS.

   Section

PART I
INTERPRETATION.

   1.   Interpretation.

PART II
PROBATION ORDERS.

   2.   Probation.

   3.   Requirements of probation order.

   4.   Security for good behaviour.

   5.   Breach of requirement of probation order.

   6.   Commission of further offence.

   7.   Effect of probation.

PART III
AMENDMENT, REVIEW AND DISCHARGE OF PROBATION ORDERS.

   8.   Amendment of probation order.

   9.   Review of probation order.

   10.   Discharge of probation order.

   11.   When probationer must appear.

   12.   Copies of amending and discharging orders.

PART IV
ARRANGEMENTS FOR PROBATION.

   13.   Supervising probation officer.

   14.   Probation service and probation committees.

   15.   Rules.

CHAPTER 122
PROBATION ACT

Commencement: 15 February, 1963.

   An Act to permit the release on probation of offenders in certain cases and to provide for matters incidental thereto and connected therewith.

PART I
INTERPRETATION.

1.   Interpretation.

   (1) In this Act, unless the context otherwise requires—

   (a)   "court" means the High Court or a magistrate's court;

   (b)   "offence the sentence for which is fixed by law" means—

      (i)   an offence for which the court is required to sentence the offender to death or to imprisonment for life; or

      (ii)   an offence in respect of which, by reason of particular circumstances relating to the offender, the court is required in place of passing sentence to refer the case to a Minister for the making of a detention order or for disposal in any other way;

   (c)   "probationer" means a person for the time being under supervision by virtue of a probation order;

   (d)   "probation officer" means a member of the probation service for which provision is made by section 14 and, in relation to a probationer, means the person for the time being responsible for his or her supervision;

   (e)   "probation order" means an order made under this Act placing a person under the supervision of a probation officer;

   (f)   "probation period" means the period for which a probationer is placed under supervision by a probation order;

   (g)   "public officer" has the meaning ascribed to it in the Constitution;

   (h)   "supervising court" means the magistrate's court having jurisdiction in the district or area for the time being named in the probation order in which the probationer resides or will reside.

   (2) For the purposes of this Act, except section 3(3), where a probation order has been made on appeal, the order shall be deemed to have been made by the court from which the appeal was brought or, in the case of a second appeal, by the court of trial.

PART II
PROBATION ORDERS.

2.   Probation.

   (1) Where a court by or before which a person is convicted of an offence (not being an offence the sentence for which is fixed by law) is of the opinion after due inquiry has been made that having regard to the circumstances, including the nature of the offence and the character of the offender, it is expedient to do so, the court may, instead of sentencing him or her, make a probation order.

   (2) Before making a probation order, the court shall explain to the offender in ordinary language the effect of the order and that, if he or she fails in any respect to comply with the probation order or commits another offence, he or she will be liable to be sentenced for the original offence; and if the offender is not less than 14 years of age, the court shall not make a probation order unless the offender expresses his or her willingness to comply with the requirements of the order.

3.   Requirements of probation order.

   (1) A probation order 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 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; but without prejudice to the power of th