PROBATION OF OFFENDERS ACT

Arrangement of Sections

    Section

    1.    Short title

    2.    Interpretation

    3.    Power to make probation orders

    3A.    Non-application of Act

    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

    15.    Appointments

    16.    Powers and duties and delegation

    17.    Probation Committee

    18.    Regulations

AN ACT

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,

Act 14 of 2022,

GN 276 of 1964,

GN 497 of 1964.

1.    Short title

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

[S 1 am by GN 276 of 1964.]

2.    Interpretation

In this Act, unless the context otherwise requires—

"child" has the meaning assigned to the word in the Constitution;

[Ins by s 2 of Act 14 of 2022.]

"child in conflict with the law" has the meaning assigned to the words in the Children’s Code Act;

[Ins by s 2 of Act 14 of 2022.]

"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.]

3.    Power to make probation orders

    (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) The court shall, before making a probation order, satisfy itself that the offender understands—

    (a)    the effects of the order and any additional requirements under this Act; and

    (b)    that where the offender fails to comply with the probation order or commits a subsequent offence during the probation period, the offender shall be liable to be sentenced for the original offence.

[S 3(2) subs by s 3(a) of Act 14 of 2022.]

    (3) The court shall make a probation order under this section if the offender expresses a willingness to comply with the requirements of the probation order.

[S 3 am by Act 14 of 1963; s 3(3) ins by s 3(b) of Act 14 of 2022.]

3A.    Non-application of Act

This Act does not apply to the probation of a child in conflict with the law.

[S 3A ins by s 4 of Act 14 of 2022.]

4.    Contents of probation orders

    (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.