Probation of Offenders Act


Published: 1921

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Probation of Offenders (CAP. 345 1

CHAPTER 345

T H E PROBATION O F OFFENDERS ACT

Arrangement of Sections
Section

1. Short title.
2. Power of Court to permit, conditional release of offenders.
3 . Probation orders and conditions of recognizancs
4. Change of supervisor.
5. Duties of supervisor.
6. Variation of terms and conditions of probation.
7. Provision in case of offender failing to observe conditions

of release.

PROBATION O F OFFENDERS

(25th February, 1921 .) 511921.
3211956.
2011961.
3711982.

1. This Act may be cited as the Probation of Offenders Short title.
Act.

2. (1) Where any person is charged before an inferior Power of Court
to permit Court of summary jurisdiction with an offence punishable ,ond;t;onal

by such Court, and the Court thinks that the charge is proved, release of
but is of opinion that, having regard to the character, offenders'
antecedents, age, health, or mental condition of the person
charged, or to the trivial nature of the offence, or to the
extenuating circumstances under which the offence was com-
mitted, it is inexpedient to inflict any punishment or any
other than a nominal punishment, or that it is expedient
to release the offender on probation, the Court may, without
proceeding to conviction, make an order either-

LAWS OF ANTIGUA AND BARBUDA

2 CAP. 345) Probation of Offenders

(a) dismissing the information or charge; or

(6) discharging the offender conditionally on his
entering into a recognizance, with or without sureties,
to be of good behaviour and to appear for conviction
and sentence when called on at any time during such
period, not exceeding three years, as may be specified
in the order.

(2) Where any person has been convicted on indictment
of any offence punishable with imprisonment, and the Court
is of opinion that, having regard to the character, antecedents,
age, health or mental condition of the person charged, or
to the trivial nature of the offence, or to the extenuating
circumstances under which the offence was committed, it
is inexpedient to inflict any punishment or any other than
a nominal punishment, or that it is expedient to release the
offender on probation, the Court may, in lieu of imposing
a sentence of imprisonment, make an order discharging the
offender conditionally on his entering into a recognizance,
with or without sureties, to be of good behaviour and to
appear for sentence when called on at any time during such
period, not exceeding three years, as may be specified in
the order.

(3) The Court may, in addition to any such order, order
the offender to pay such damages for injury or compensa-
tion for loss (not exceeding in the case of an inferior court
of summary jurisdiction, five hundred dollars, or if a higher
limit is fixed by any enactment relating to the offence, that
higher limit) and to pay such costs of the proceedings as the
Court thinks reasonable.

(4) An order for the payment of damages or compen-
sation as aforesaid may be enforced in like manner as an
order for the payment of costs by the offender; and where
the Court, in addition to making such an order for the pay-
ment of damages or compensation to any person, orders the
offender to pay to that person any costs, the orders for the
payment of damages or compensation and for the payment
of costs may be enforced as if they constituted a single order
for the payment of costs.

LAWS OF ANTIGUA AND BARBUDA

Probation of Offenders (CAP. 345 3

(5) Where an order under this section is made by an
inferior Court of summary jurisdiction, the order shall, for
the purpose of revesting or restoring stolen property, and
of enabling the Court to make orders as to the restitution
or delivery of property to the owner and as to the payment
of money upon or in connection with such restitution or
delivery, have the like effect as a conviction.

3. (1) A recognizance ordered to be entered into ~'~b,"~;;,;;,"~~f
under this Act shall, if the Court so order, contain a condition ,cognizances.
that the offender be under the supervision of such person
as may be named in the order (in this Act referred to as
the supervisor) during the period specified in the o r d s a n d
such other conditions for securing such supervision as may
be specified in the order, and an order requiring the insertion
of such conditions as aforesaid in the recognizance is in this
Act referred to as a probation order.

(2) A recognizance under this Act may contain such
additional conditions with respect to residence, abstention
from intoxicating liquor, and any other matters, as the Court
may, having regard to the particular circumstances of the
case, consider necessary for preventing a repetition of the
same offence or the commission of other offences.

(3) The Court by which a probation order is made shall
furnish to the offender a notice in writing stating in simple
terms the conditions he is required to observe.

4. The person named in a probation order as super- Change of
supervisor.

visor may at any time be relieved of his duties, and, in any
such case, or in case of the death of the person so named,
another person may be substituted by the Court before which
the offender is bound by his recognizance to appear for con-
viction or sentence.

5 . It shall be the duty of a supervisor, subject to the Ei:xdr.
directions of the court-

(a) to visit or receive reports from the person under
supervision at such reasonable intervals as may be
specified in the probation order or, subject thereto, as
the supervisor may think fit;

LAWS OF ANTIGUA AND BARBUDA

4 CAP. 345) Probation of Offenders

(b) to see that he observes the conditions of his
recognizance;

(c) to report to the Court as to his behaviour;

(6) to advise, assist and befriend him, and, when
necessary, to endeavour to find him suitable
employment.

Variation of
terms and

6. The Court before which any person is bound by
conditions of a recognizance under this Act to appear for conviction and
probation. sentence or for sentence-

( a ) may at any time if it appears to it, upon the
application of the supervisor, that it is expedient that
the terms or conditions of the recognizance should be
varied, summon the person bound by the recognizance
to appear before it, and, if he fails to show cause why
such variation should not be made, vary the terms of
the recognizance by extending or diminishing the dura-
tion thereof (so, however, that it shall not exceed three
years from the date of the original order) or by altering
the conditions thereof or by inserting additional condi-
tions; or,

( 6 ) may on application being made by the super-
visor, and on being satisfied that the conduct of the
person bound by the recognizance has been such as to
make it unnecessary that he any longer be under super-
vision, discharge the recognizance.

in case 7. (1) If the Court before which an offender is bound
of offender
failing to observe by his recognizance under this Act to appear for conviction
conditions of or sentence, or any inferior Court of summary jurisdiction
release.

is satisfied by information on oath that the offender has failed
to observe any of the conditions of his recognizance, it may
issue a warrant for his apprehension, or may, if it thinks
fit, instead of issuing a warrant in the first instance, issue
a summons to the offender and his sureties (if any) requir-
ing him or them to attend at such Court and at such time
as may be specified in the summons.

(2) The offender, when apprehended, shall, if not
brought forthwith before the Court before which he is bound
by his recognizance to appear for conviction or sentence,
be brought before an inferior court of summary jurisdiction.

LAWS OF ANTIGUA AND BARBUDA

Pro bation of Offenders (CAP. 345 5

(3) The Court before which an offender on apprehen-
sion is brought, or before which he appears in pursuance
of such summons as aforesaid, may, if it is not the Court
before which he is bound by his recognizance to appear for
conviction or sentence, remand him to prison or on bail until
he can be brought before the last-mentioned Court.

(4) A Court before which a person is bound by his
recognizance to appear for conviction and sentence, on being
satisfied that he has failed to observe any condition of his
recognizance, may forthwith, without further proof of his
guilt, convict and sentence him for the original offence, or,
if the case is one in which the Court in the first instance
might, under the Training Schools Act, have ordered the Cap. 436.
offender to be sent to a Training School, and the offender
is still apparently under the age of sixteen years, make such
order.