CAP. 120 PROBATION OF OFFENDERS ACT BELIZE
PROBATION OF OFFENDERS ACT
CHAPTER 120
REVISED EDITION 2000
SHOWING THE LAW AS AT 31ST DECEMBER, 2000
This is a revised edition of the law, prepared by the Law Revision Commissioner
under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize,
Revised Edition 1980 - 1990.
This edition contains a consolidation of the following laws- Page
ARRANGEMENT OF SECTIONS 3
PROBATION OF OFFENDERS ACT 5
Amendments in force as at 31st December, 2000.
BELIZE
PROBATION OF OFFENDERS ACT
CHAPTER 120
REVISED EDITION 2000
SHOWING THE LAW AS AT 31ST DECEMBER, 2000
This is a revised edition of the law, prepared by the Law Revision Commissioner
under the authority of the Law Revision Act, Chapter 3 of the Laws of Belize,
Revised Edition 1980 - 1990.
This edition contains a consolidation of the following laws- Page
ARRANGEMENT OF SECTIONS 3
PROBATION OF OFFENDERS ACT 5
Amendments in force as at 31st December, 2000.
THE SUBSTANTIVE LAWS OF BELIZE REVISED EDITION 2000
Printed by the Government Printer,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Probation of Offenders [CAP. 120
[ ]
3
CHAPTER 120
PROBATION OF OFFENDERS
ARRANGEMENT OF SECTIONS
1. Short title.
2. Interpretation.
3. Power of court to permit conditional release of offenders.
4. Probation order.
5. Further provisions where court makes probation order.
6. Commission of further offences by probationers.
7. Failure by probationer to comply with probation order.
8. Disqualification or disability of probationer.
9. Transmission of documents when case is remitted to another court.
10. Amendment of probation orders.
11. Discharge of probation orders.
12. Selection of probation officers.
13. Contributions towards homes and hostels.
14. Appointments.
15. Probation Committee.
16. Rules.
___________
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Probation of Offenders [CAP. 120
[ ]
5
CHAPTER 120
PROBATION OF OFFENDERS
[20th December, 1941]
1. This Act may be cited as the Probation of Offenders Act.
2. In this Act, unless the context otherwise requires:-
“principal probation officer” means a person appointed to be a principal
probation officer under section 15;
“probation committee” means a committee appointed to be a probation
committee under section 16;
“probation officer” means a person appointed to be a probation officer under
section 15;
“probation order” means an order made under this Act placing a person
under the supervision of a probation officer;
“probationer” means a person placed under supervision by a probation
order.
3.-(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 expedi-
ent to release the offender on probation, the court may-
Ch. 27,
R.L., 1958.
CAP. 98,
R.E. 1980-1990.
38 of 1963.
40 of 1963.
Short title.
Interpretation.
Power of court to
permit condi-
tional release of
offenders.
(a) convict the offender and make a probation order; or
(b) without proceeding to conviction, make a probation
order.
(2) Before making a probation order under subsection (1) 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 the court shall not make a probation order
unless the offender expresses his willingness to comply with the provisions
of the order.
(3) Where any person is convicted of an offence which is punish-
able on indictment, 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.
(4) Before making a probation order under subsection (3) 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.
4.-(1) A probation order shall-
(a) 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
(b) require the probationer to submit during that period to
Probaion order.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Probation of Offenders [CAP. 120
[ ]
7
the supervision of a probation officer appointed or
assigned to the district in which the probationer will reside
after the making of the order; and
(c) contain such provisions as the court considers necessary
for securing the supervision of the offender, and such
additional conditions 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.
(2) Where a probation order contains a provision as to residence,
the place at which and the period for which the probationer is to reside shall
be specified in the order, and where any such provision requires the pro-
bationer to reside in an institution, the period for which the probationer is re-
quired so to reside shall not extend beyond twelve months from the date of
the order, and the court shall forthwith give notice of the terms of the order to
the Minister.
(3) The court by which a probation order is made, or any court by
which an order is made under section 10 or 11 amending or discharging any
such probation order, shall forthwith give copies of the probation order, or
amending order or order of discharge as the case may be, to the probation
officer responsible for the supervision of the probationer, to the probationer
and to the person in charge of any institution in which the probationer is or
was by the probation order or the amending order required to reside.
5.-(1) Where a person is placed by a probation order under the supervision
of a probation officer, the court may without prejudice to its power of
awarding costs against the offender order the offender to pay such damages
for injury or compensation for loss as the court thinks reasonable, but not in
the case of an order made by a summary jurisdiction court exceeding in the
aggregate one hundred dollars or such greater sum as may be allowed by any
40 of 1963.
Further
provisions where
court makes
probation order.
enactment relating to the offence.
(2) Where a court makes any such order for the payment of
damages or compensation, the order 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 payment 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.
6.-(1) Where it appears to a judge or any magistrate that a probationer has
been convicted of an offence committed while the probation order was in
force, he may issue a summons requiring the probationer to appear at the
place and time specified therein or may issue a warrant for his arrest.
(2) A magistrate shall not issue such a summons except on
information, and shall not issue such a warrant except on information in
writing and on oath.
(3) A summons or warrant issued under this section shall direct the
probationer to appear or to be brought before the court by which the
probation order was made.
(4) Where a probationer is convicted by a magistrate of an
offence committed while the probation order was in force the magistrate
may commit the probationer to custody or release him on bail, with or
without sureties, until he can be brought or appear before the court by
which the probation order was made.
(5) Where it is proved to the satisfaction of the court by which the
probation order was made that the probationer has been convicted of an
offence while the probation order was in force, then-
Commission of
further offences
by probationers.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Probation of Offenders [CAP. 120
[ ]
9
(a) if the probationer was not convicted of the original offence
in respect of which the probation order was made, the
court may convict him of that offence and pass any
sentence which it could pass if the probationer had just
been convicted before that court of that offence; or
(b) if the probationer was convicted of the original offence in
respect of which the probation order was made, the court
may pass any sentence which it could pass if the
probationer had just been convicted before that court of
that offence.
(6) Where a probationer in respect of whom a probation order has
been made by a magistrate is convicted before the Supreme Court of an
offence committed while the probation order was in force, then-
(a) if the probationer was not convicted of the original offence
in respect of which the probation order was made, the
Supreme Court may convict him of that offence and may
pass any sentence which the court which made the
probation order could pass if the probationer had just
been convicted before that court of that offence; or
(b) if the probationer was convicted of the original offence in
respect of which the probation order was made, the
Supreme Court may pass any sentence which the court
which made the probation order could pass if the
probationer had just been convicted before that court of
that offence.
7.-(1) Where if it appears to a judge or any magistrate that a probationer has
failed to comply with any of the provisions of the probation order, he may
issue a summons to the probationer requiring him to appear at the place and
time specified therein or may issue a warrant for his arrest.
Failure by
probationer to
comply with
probation order.
(2) A magistrate shall not issue such summons except on
information, and shall not issue such a warrant except on information in
writing and on oath.
(3) A summons or warrant under this section shall direct the
probationer to appear or to be brought before the court by which the
probation order was made.
(4) Where it is proved to the satisfaction of the court by which the
probation order was made that the probationer has failed to comply with
any of the provisions of the probation order then-
(a) without prejudice to the continuance in force of the pro-
bation order, the court may impose on the probationer
a fine not exceeding fifty dollars; or
(b) if the probationer-
(i) was not convicted of the original offence in respect
of which the probation order was made, the court
may convict him and pass any sentence which it
could pass if the probationer had just been
convicted before that court of that offence; or
(ii) was convicted of the original offence in respect of
which the probation order was made, the court
may pass any sentence which it could pass if the
probationer had just been convicted before that
court of that offence.
(5) Where a court has, under paragraph (a) of subsection (4)
imposed a fine on the probationer, then, if any subsequent sentence is
passed upon the probationer under the provisions of the preceding section
or of this section, the imposition of the said fine shall be taken into account
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Probation of Offenders [CAP. 120
[ ]
11
in fixing the amount of that sentence.
8.-(1) Where a person is convicted of an offence and is released under a
probation order, his conviction for that offence shall, subject to subsection
(2), be disregarded for the purposes of any enactment by or under which any
disqualification or disability is imposed upon convicted persons or by or
under which provision is made for a different penalty in respect of a second
or subsequent offence or in respect of an offence committed after previous
conviction.
(2) Where the probationer is subsequently sentenced for the original
offence, this section shall cease to apply in respect of that offence, and he
shall be deemed, for the purposes of any such enactment imposing a
disqualification or disability, to have been convicted on the date of the
sentence.
(3) Where a person is released on probation without the court
having proceeded to conviction and he is subsequently convicted and
sentenced for the original offence, then he shall be deemed, for the purposes
of any enactment by or under which any disqualification is imposed upon
convicted persons or by or under which provision is made for a different
penalty in respect of a second or subsequent offence or in respect of an
offence committed after a previous conviction, to have been convicted on the
date of such conviction and sentence.
9.-(1) Where a probationer is committed to custody or released on bail by a
magistrate until he can be brought or appear before the court which made the
probation order, the magistrate shall transmit to the court which made the
probation order such particulars of the case as he thinks desirable.
(2) Where the probationer has been convicted of a subsequent
offence by a magistrate, the magistrate shall transmit to the court which made
the probation order a certificate to that effect signed by him, and for the
purposes of proceedings in the court to which it is transmitted any such
Disqualification
or disability of
probationer.
Transmission of
documents when
case is remitted
to another court.
certificate, if purporting to be so signed, shall be admissible as evidence of
the conviction.
10.-(1) Subject to this section, where, on the application of a probationer or
of the probation officer responsible for his supervision, the court which
made the probation order is satisfied that the provisions of the probation
order should be varied, or that any provisions should be inserted or can-
celled, the court may, subject to subsection (2) by order amend the proba-
tion order accordingly.
(2) No order shall be made under this section reducing the period
or duration of the probation order, or extending that period beyond a period
of three years from the date of the probation order.
(3) An order under subsection (1) may require a probationer to
reside in an institution for any period not extending beyond twelve months
from the date of that order, if the total period or the aggregate of the periods
for which he is required to reside in any institution or institutions under the
probation or-
(4) The court shall, if it is satisfied, on the application of the
probation officer responsible for the supervision of the probationer that the
probationer has changed, or is about to change, his residence from the
district named in the order to another district, by order vary the probation
order by substituting for the reference to the district named therein a
reference to the district where the probationer is residing or is about to
reside, and shall transmit to the court for the new district all documents and
information relating to the case, and thereupon the last mentioned court shall
be deemed for all the purposes of this Act to be the court by which the
probation order was made.
(5) An Order under this section cancelling a provision of a Pro-
bation Order or substituting a new district for the district named therein may
be made without summoning the probationer, but no other Order under this
Amendment of
probation orders.
,
No. 1 Power Lane,
Belmopan, by the authority of
the Government of Belize.
Probation of Offenders [CAP. 120
[ ]
13
section shall be made except on the application or in the presence of the
probationer.
(6) Where an Order is made under this section for the variation,
insertion or cancellation of a provision requiring a probationer to reside in an
institution, the court shall forthwith give notice of the terms of the order to the
Minister.
11.-(1) The court by which a probation order was made may, on the appli-
cation of the probationer or of the probation officer responsible for his
supervision, discharge the probation order, and where the application is
made by the probation officer, the court may deal with it without summoning
the probationer.
(2) Where an offender in respect of whom a probation order has
been made is subsequently sentenced for the offence in respect of which the
probation order was made, the probation order shall cease to have effect.
12.-( 1) The probation officer who is to be responsible for the supervision of
any probationer shall be selected by the court which makes the probation
order, and if the probation officer so selected dies or is unable for any reason
to carry out his duties, or if the probation committee dealing with the case
considers it desirable that another officer take his place, another probation
officer shall be selected by the court.
(2) Where a woman or girl is placed under the supervision of a
probation officer, the probation officer shall be a woman.
13. Such contributions may be made towards the establishment or mainte-
nance of homes or hostels for the reception of persons placed under the
supervision of probation officers as the Minister may approve.
14. The Public Services Commission shall appoint-
40 of 1963.
Discharge of
probation orders.
Selection of
probation
officers.
Contributions
towards homes
and hostels.
40 of 1963.
Appointments.
(a) a principal probation officer who shall organise and super-
vise the probation service in Belize in accordance with rules
made under this Act;
(b) a sufficient number of probation officers, qualified by charac-
ter and experience to be probation officers, who shall perform
such duties as may be prescribed by Rules made under this
Act.
15. The Minister shall appoint a probation committee or probation
committees, consisting of such persons as the Minister thinks fit, who shall
review the work of probation officers in individual cases and perform such
duties in connection with probation as may be prescribed by Rules made
under this Act.
16. The Minister may by Order published in the Gazette make Rules
prescribing-
(a) the duties of a principal probation officer;
(b) the duties of probation officers;
(c) the constitution and duties of a probation committee or
probation committees;
(d) the form of records to be kept under this Act;
(e) the remuneration of any person appointed to carry out any
duties under this Act, and the fees and charges to be made for
any act, matter or thing under this Act to be done or observed;
(f) generally for carrying the purposes or provisions of this Act
into effect.
_____________
Probation
Committee.
38 of 1963.
Rules.
