PROBATION OF OFFENDERS ACT
Arrangement of Sections
1. Short title
3. Power to make probation orders
4. Contents of probation orders
5. Probation order may require probationer to submit to treatment of mental condition
6. Copies of orders
7. Failure of probationer to comply with probation order
8. Commission of further offences by probationers
9. Transmission of documents when case is remitted to another court
10. No conviction in case where probation order made
11. Amendment of probation orders
12. Discharge of probation orders
13. Selection of probation officers
14. Contribution towards probationers and institutions
16. Powers and duties and delegation
17. Probation Committee
to provide for the probation of offenders; and to provide for matters incidental thereto.
[4th December 1953]
Act 15 of 1953,
Act 13 of 1961,
Act 14 of 1963,
Act 21 of 1964,
Act 13 of 1994,
GN 276 of1964,
GN 497 of 1964.
This Act may be cited as the Probation of Offenders Act.
[S 1 am by GN 276 of 1964.]
In this Act, unless the context otherwise requires—
“probation officer” means a probation officer appointed under the provisions of section 15;
“probation order” has the meaning assigned to it by section 3;
“probation period” means the period for which a probationer is placed under supervision by virtue of a probation order;
“probationer” means a person placed under supervision by a probation order;
“senior probation officer” means a senior probation officer appointed under the provisions of section 15.
[S 2 am by Act 13 of 1961.]
(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 that, having regard to the youth, character, antecedents, home surroundings, health or mental condition of the offender, or to the nature of the offence, or to any extenuating circumstances in which the offence was committed, it is expedient to do so, the court may, instead of sentencing him, make an order, hereinafter in this Act referred to as a “probation order”, requiring him to be under the supervision of a probation officer for a period to be specified in the order of not less than one year nor more than three years.
(2) Before making a probation order, the court shall satisfy itself that the offender understands the effects of the order, including any additional requirements proposed to be inserted therein under sub-sections (2) and (3) of section 4, and that if he fails to comply therewith or commits another offence during the probation period he will be liable to be sentenced for the original offence; and if the offender is not less than nineteen years of age the court shall not make the order unless he expresses his willingness to comply with the requirements thereof.
[S 3 am by Act 14 of 1963.]
(1) A probation order shall name the district in which the probationer resides or will reside, and the probationer shall notify the probation officer responsible for his supervision of any change of residence.
(2) A probation order may require the probationer to comply during the whole or any part of the probation period with such requirements 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 by him of the same offence or the commission of other offences:
Provided that, without prejudice to the powers of the court to make an order for the payment of sums by way of costs, damages or compensation, the payment of such sums shall not be included among the requirements of a probation order.
(3) Without prejudice to the generality of sub-section (2), a probation order may include requirements relating to the residence of the probationer:
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