Probation of Offenders Act


Published: 1948-11-12

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PROBATION OF OFFENDERS 1

THE PROBATION OF OFFENDERS ACT

ARRANGEMENT OF SECIIONS

1. sort title.
2. Interpretation.
3. [Deleted b y Act 9 of 1985, S. 851
4. [Deleted b y Act 9 of 1985, S. 851
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

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

rccogniz,ances.
16. RecognizanceS.
17. Application of certain provisions of this Act to persons entering

18. [Deleted by Act 9 of 1985, S. 851
19. [Deleted b y Act 9 of 1985, S.85l
1 9 ~ . [Deleted by Act 9 of 1985, S. 451
20. [Deleted b y Act 9 of 1985, S. 8 3
21. [Deleted b y Act 9 of 1985, S.85l
22. Reports of probation and after-care officers.

court.

into recognizances under section 15.

SCHEDULE

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PROBATION OF OFFENDERS 3

Cap. 310.
Laws THE PROBATION OF OFFENDERS ACT

7 of 1955,
23 of 1961.
Acb

10 of 1970, [12th November, 1948.1 37 of 1975,
Scb.,

9 of 1985
S. 85,

19 of 2000
S. 23.

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

2. In this Act- Interpre-
tation.

“the Commissioner” has the meaning assigned thereto by FyF
section 2 of the Corrections Act;

“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. 85.1

4. [Deleted by Act 9 of 1985, S. 85.1

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4 PRORA TION OF OFFENDERS

Power of Where any person is charged with an offence
permit which is punishable on summary conviction, and the court
condlrlonal thinks that the charge is proved but is of opinion that having
offenders. regard to the circumstances, including the nature of the

offence and the character and home surroundings of the

the court may-

5.-(1)
court to

release of

_- offender, it is expedient to release the offender on probation, -\

(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.

2311961
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 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 respect to comply
therewith or commits another offence, he will be liable to be
sentenced for the original offence, and the court shall not

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PROBATION OF OFFENDERS

make a probation order unless the offender expresses his
willingness to comply with the provisions of the order.

6.41) A probation order shall have effect for such :;tion
period not less than one year and not more than three 23,1961
years from the date of the order as may be specified therein, s. S.
and shall require the probationer to submit during that
pxiod to the saperbision of a probation and after-care 9 /19s5

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 oflrender, and
such additional requirements as to residence and other
matters (including submission by the probaticmr to mdical
treatment) as the court, having regard to ;he circumstances
of the case, considers necessary for securing the good con-
duct of the offender or for preventing a repetition of the
same offence or the commission of other offencss :

officer appointed for or assigned to the parish in which the S. 85

Provided that (without prejudice to the power of the
court to make an order under subsection (1) of section 7)
the payment of sums by way of damages for injury or
compensation for loss shall not be included among the
requirements of a probation order.

(2) Where a probation order contains a requirement 9/1985
as to residence, the place at which and the period for which ss 85
the probationer is to reside shall be specified in the order,
and where by any such order the probationer is required to
reside in an institution, the institution shall be one which is
subject to inspection by an inspector and a Government
Department and the period for which the probationer is
- ____ -____--

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6 PROBATION OF OFFENDERS

71 1955 s. 2.

911985
S. 85

Further
provisions
where
court
makes
probation
order.

23/ 1961
S. 6 (a).

required so to reside shall not extend beyond twenty-four
months from the date of the order.

(3) The court by which a probation order is made
shall-

(a) furnish two copies of the order, one copy to
be given to the probationer and the other to
the probation office for the parish in which the
probationer is to be supervised;

(b) in any case where the place specified in the order
(at which the probationer is to reside) is situated
within another parish, transmit to the court for
such parish all the documents and information
relating to the case, and thereupon the last men-
tioned court shall be deemed to be the court by
which the probation order was made unless or
until such order is varied in accordance with the
provisions of subsection (3) of section 12.

7.-(1) Where a person is placed by a probation order
under the supervision of a probation and after-care officer,
the court may, without prejudice to its powers of awarding
costs against the offender, order the offender to pay such
damages for injury or compensation for loss 2s the court
thinks rezsonabk, but not, in the case of an order made by a
court of summary jurisdiction, exceeding in the aggregate
two hundred dollars or such greater sum as may be allowed
by any enactment relating to the offence.

(2) Where a court makes any such order for the
payment of damages or compensation as aforesaid, the
order may be enforced in like manner as an order for the
payment of costs by the offender, and where the court, in

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PROBATION OF OFFENDERS

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.

(3) Without prejudice to the provisions of paragraph
(h) of subsection (1) of section 76 of the Child Care and
Protection Act (which enables a court to order the parent or
guardian of a child or young person charged with an offence
to enter into recognizance for the good behaviour of such
offender) a court may, on making a probation order, if it
thinks it expedient for the purpose of the reformation of the
offender, allow any person who consents to do so to give
security for the good behaviour of the offender.

8.-(1) If 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:

Provided that a magistrate shall not issue such a summons
or warrant except on information in writing and on oath.

(2) A magistrate may issue a summons or warrant
under subsection (1) notwithstanding that the probation order
was made by the Supreme Court.

(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:

Provided that if a warrant is issued requiring him to
be brought before the Supreme Court and he cannot forth-
with be brought before that court because that court is not
sitting, the warrant shall have effect as if it permitted him

23 1961
S . 6(h).

Commission
of firrther
of'mces by
proba-
tioners.

2311961
S. 7(a).

2311961
S.7(b).

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PROBA TION OF OFFENDERS

to be brought before a Resident Magistrate's Court for the
parish where he is arrested; and the Resident Magistrate's

19!2000 Court shall commit him to custody or release him on bail in
S. 23.

accordance with the Bail Act (with or without sureties) until
he can be brought or appear before the Supreme Court.

(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, in accordance with the Bail Act, 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-

(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

(h) 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

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PROBA TION OF OFFENDERS 9

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) A probationer who is required by the probation ;3;$;,l
order to submit to treatment for his mental condition, shall not
for the purpose of this section be treated as having failed to
comply with that requirement on the ground that he has
refused to undergo any surgical, electrical or other treatment if
in the opinion of the court his refusal was reasonable, having
regard to all the circumstances.

9.-(1) If it appears to a judge or any magistrate that a Failureby
probationer has failed to comply with any of the provisions of to comply
the probation order, he may issue a summons to the with
probationer requiring him to appear at the place and time order.
specified therein or may issue a warrant for his arrest:

probationer

probation

Provided that 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.

- (2) A magistrate may issue a summons or warrant 23/1961
S. 8(a).

under subsection (1) notwithstanding that the probation order
was made by the Supreme Court.

i)

(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:

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10 PROBATION OF OFFENDERS

23/1961 Provided that if a warrant is issued requiring him to be
brought before the Supreme Court and he cannot forthwith be
brought before that Court because that Court is not sitting, the
warrant shall have effect as if it permitted him to be brought
before a Resident Magistrate’s Court for the parish where he
is arrested; and the Resident Magistrate’s Court shall commit
him to custody or release him on bail in accordance with the
Bail Act (with or without sureties) until he can be brought or
appear before the Supreme Court.

S. 8(b).

19/2000
S. 23.

(4) If it is proved to the satisfaction of the court by
which the probation 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
probation order, the court may impose on the
probationer a fine not exceeding twenty dollars; or

(b)(i) if the probationer 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) 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:

Provided that where a court has under the provisions of
sub-paragraph (a) imposed a fine on the probationer, then, on
any subsequent sentence being passed upon the probationer
under the provisions of section 8 or of this section, the
imposition of the said fine shall be taken into account in fixing
the amount of the said sentence.

1 ,

LJ

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PROBATION OF OFFENDERS 11

(5) Without prejudice to the provisions of section 8 23/1961
S. 8 (c). a probationer who is convicted of an offence committed

during the probation period shall not on that account be
liable to be dealt with under this section for failing to
comply with any requirement of the probation order.

10.-(1) Where a person is convicted of an offence and Probation
is released under a probation order, his conviction for that disquaiifica-
offence shall be disregarded for the purposes of any t$zE&
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 :

Provided that if 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 dis-
qualification or disability, to have been convicted on the
date of sentence.

(2) 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.

order;

11. Where a probationer is committed to custody or Transmission
of docu-
ments when 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 said court such another
particulars of the case as he thinks desirable, and where

to

court.

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12 PROBATION OF OFFENDERS

Amend-
ment of
probation
orders.
9 / 1985
S. 85

911985
S. 85

91 1985
s ss

the probationer has been convicted of a subsequent offence
by a magistrate, the magistrate shall transmit to the said
court a certificate to that effect, signed by him, and for the
purposes of proceedings in the court to which it is trans-
mitted any such certificate, if purporting to be so signed,
shall be admissible as evidence of the conviction.

12.--(1) Subject to the provisions of this section, where,
on the application of a probationer or of the probation
and after-care officer responsible for his supervision, the
court which wade the prnbation order is satisfied that the
provisims of the probation order should be varied. or that
any provisions should be inserted or cancelled. the court
may by crder amend the p-cbation order accordingly:

Provided that no order shall be made under this section
reducing the period of duration of the probation order, or
extending that period beyond a period of three years from
the date of the probation order.

(2) An order under subsection (1) may require a
probationer to reside in an institution for any period not
extending beyond twenty-four 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 order does not exceed
twenty-four months.

(3) The court shall, if it is satisfied, on the
application of the probation and after-care officer respon-
sible for the sumrvision of the probationer, that the proba-
tioner has changed, or is about to change, his residence from
the r-arish named in the order to another parish. by order
L-ary the probation order by substituting for the reference to
the parish named therein a reference to the parish where the
probationer is residing or is about to reside, and shall
transmit to the court for the new parish all documents and
information relating to the case, and thereupon the last

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PROBATION OF OFFENDERS 13

mentioned court shall be deemed for all the purposes of this
Act to be the court by which the probation order was
made.

(4) An order under this section cancelling a pro-
vision of a probation order or substituting a new parish
for the parish named therein may be made without
summoning the probationer, but no other order under this
section shall be made except on the application or in the
presence of the probationer.

(5) 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.

13.-(1) The court by which a probation order was made Discharge of proba- may, on the application of the probationer or of the t' ronen.
probation and after-care officer responsible for his super- 9/1985

cation is made by the probation and aftercare officer, the
court may deal with it without summcning the probationer.

(2) Where an offender in respect of whom a pro-
bation 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.

vision, discharge the probation order, and, where the appli- S. 85

14. Where an order is made for the amendment or Transmission
discharge of a probation order, the clerk of the court by zfdceorsPizPf
which the order is made shall furnish two copies of the ;:;
order to the probation and after-care officer responsible for discharge
the supervision of the probationer, or in the case of an probation
order for the discharge of a probation order, to the proba- $y;yj
tion and after-care officer who was so responsible before the S. 85
making of the order, one copy to be given by him to the
probationer.

of

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14 PROBATION OF OFFENDERS

Power to
release
offenders
condition-
ally upon
entering
into recog-
nizances.

9 / 1985
S . 85

9/ 1985
S. 85

15-41) Subject to the provisions of subsections (3) and
(4), in any case where a court might make a probation
order under paragraph (a) of subsection (1) of section 5
or under subsection (2) of section 5, if the court is of
opinion that it is expedient to release the offender on
probation and that by reason of the special circumstances
of the case no useful purpose would be served by placing
the offender under the scpervision of a probation and after-
care officer, the court may convict the offender and make
an order disch9.rgir.g the offender conditionally upon his
entering into a recognizance, with or without surety, to be
of good behaviour and to appear for sentence when called
upon at any time during such period not exceeding three
years as may be specified in the recognizance.

(2) Subject to the provisions of subsections (3) and
(4), in any case where a court might make a probation order
(under paragraph (b) of subsection (1) of section 3, if the
court is satisfied that it is expedient to release the offender
on probation and that by reason of the special circum-
stances of the case no useful purpose would be served by
placing the offender under the supervision of a probation
and after-care officer. the court may. without proceeding to
conviction, make an order discharging the offender condi-
tionally by upon his entering into a recognizance, with or
without a surety, to be of good behaviour and to appear for
conviction and sentence when called upon at any time during
such period not exceeding three years as may be specified
in the recognizance.

(3) Before making any order under this section the
court shall explain to the offender in ordinary language the
effect of the recognizance into which he is to be required to
enter and that if he fails in any respect to comply there-
with or commits another offence, he will be liable in the
case of an offender who is required to enter into a
recognizance under subsection (2) to be convicted and
sentenced for the original offence and in the case of an

_ I _ ~ -~
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PROBATION OF OFFENDERS

offender who is required to enter into a recognizance under
subsection (I) to be sentenced for the original offence and in
either case, his recognizance will be liable to be estreated.

(4) No order shall be made under this section unless
the offender if he is not less than fourteen years of age
expresses his willingness to comply with the conditions of the
recognizance into which he is required by such order to enter.

16.-(1) Every recognizance entered into pursuant to an
order under section 15 shall contain such conditions (being
conditions which might be contained in a probation order
under this Act) as may be specified in such order.

(2) Where a recognizance contains a condition as to
residence, the place at which and the period for which the
person who enters into the recognizance is to reside shall
be specified in the recognizance, and where any such
condition requires such person to reside in an institution
the institution shall be one which is subject to inspection by
an inspector and a Government Department and the period
for which such person is required so to reside shall not
extend beyond twenty-four months fiom the date of the
recognizance.

(3) The court by which any order under section 15
is made shall f3rnish a copy of the recognizance entered
into pursuant to such order to the person who enters into
such recognizance.

17. The provisions of sections 7 to 14, both inclusive, shall
apply to any person required under section 15 to enter into a
recognizance as they apply to a probationer, subject to the
modification specified in the Schedule.

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Recog-
nizances.

Application
of certain
provisions of
this Act to
persons
entering into
recogni*
ances under
section IS.
Schedule.
2311961
s. 11,

PROBA TION OF 0FFENDE:RS

Reports of
probation and
allercare
officers.
1011970
S. 2.
?!I985
S. 85.

1 8. [Deleted by Act 9 of 198.5, S. 85.1

19. [Deleted byAct Y of 1985, S. 85.1

19A. [DeLetd by Act 9 of 198.5, S. 85.1

20. [Deleted by Act 9 of' 1985, S. 85.1

2 1. [Deleted by Act 9 of' 1985, S. 85.1

22. Where a report by a probation and after-care oficer is
made to any court (other than a Children's Court) with a view
to assisting the court in determining the most suitable method
of dealing with any person in respect of an offence, a copy of
such report shall be given by the court to the offender or his
attorney-at-law:

Provided that if the offender appears to the court to be
under seventeen years of age and is not represented by an
attorney-at-law, a copy of the report shall be given to him and
to his parent or guardian if present in court.

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PROBATION OF OFFENDERS 17

SCHEDULE (Section 17) 2311961
Sections to be modified

S. 14.
Nature of Modification

Sections 7 to 11, both inclusive, (1)
and section 13.

(2)

(3)

Section 12.

The substitution for references
to a probationer of references
to a person required under
section 15 to enter into a
recognizance.
The substitution for references
to the court by which a pro-
bation order was made of
references to the court by which
an order was made under
section 15 requiring an offender
to enter into a recognizance.
The substitution for references
to a probation order of refer-
ences to a recognizance re-
quired to be entered into under
section 15.
The deletion of all references
to a probation and after-care g./'89;Js
officer.
The substitution for all refer-
ences to a probationer of
references to a person required
under section 15 to enter into
a recognizance.
The substitution for all refer-
ences to a probation order of
references to a recognizance.
The substitution for all refer-
ences to the terms of a proba-
tion order of references to the
conditions of a recognizance.
The deletion from subsection
(1) of the reference to a proba-

The insertion of the following
proviso as a further proviso to
subsection (1)-

tion and after-care officer. 91 I985 S. 85

"Further provided that no
order shall be made under this
section varying a recognizance
entered into with a surety

indusion of t h i s page is authorized by LN. 8711986l

PROBATION OF OFFENDERS

SCHEDULE (contd.)
Sections to be modified Nature of Modification

911985
S. 85

Section 14.

Section 12 (confd.) unless the surety consents to
the variation of such recog-
nizance, so, however, that
where the court is satisfied that
it is expedient to vary any
recognizance entered into with
a surety and the surety does
not consent to such variation,
the court may discharge the
surety from all liability under
the recognizance and thereupon
may vary the recognizance by
order under this section”.

(6) The deletion from subsection
(3) of the section of the words
‘‘probation and after-care offi-
cer responsible for the su,per-
vision of the probationer, that
the probationer” and the sub-
stitution therefor of the words
“person required to enter into
a recognizance under section
15 or his surety that the per-
son first referred to in this sub-
section”.

( I ) The substitution for the refer-
ence to a probation order of a
reference to a recognizance.

(2) The deletion of all the words
coming after the word “furn-
ish” in the section and the
substitution therefor of the fol-
lowing words-
“one copy of the order to the
person required to enter into
the recognizance and one copy
to each of his sureties (if
any)”.

-
[The imluJon oE this page is authorized by L.N. 87119861

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