Cap. 446 Art. 7Probation order.

(1) The court may, subject to the provisions of the following subarticle, instead of sentencing the offender, make a probation order, that is to say, an order requiring the offender to be under the supervision of a probation officer for a period to be specified in the order of not less than one year and not more than three years.

(2) Any order made in accordance with subarticle (1) shall only be made if:

(a) the offender is convicted of an offence, not being an offence punishable only with a fine (multa or ammenda), and not being an offence which apart from any increase of punishment in view of continuity or of previous convictions, which is punishable with imprisonment for a term not exceeding seven years; and

(b) the court is satisfied that the supervision of the offences; and

(c) having regard to the circumstances of the case, including the nature of the offence and the character of the offender, the issue of such order is appropriate:

Provided that where in the opinion of the court circumstances, which are to be clearly stated in the order, exist that merit the placing of the offender under a probation order in the case of an offence which, apart from any increase of punishment in view of continuity or of previous conviction, is punishable with imprisonment for a term exceeding seven years but not ten years, the court may make a probation order: Provided further that where a probation order which has been made is of a period of less than one year, that order shall be deemed to be of one year:

Provided further that the Court may, if it deems it to be in the best interest of the person accused, issue a provisional order of supervision of the accused by a probation officer, even during any criminal proceedings, under such conditions as the Court may deem fit.

(3) Without prejudice to the provisions of the following subarticles of this article, a probation order may in addition require the offender 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 the offender of the same offence or the commission of other offences, and the court may also give to the probation officer such directions as it may deem necessary for securing these purposes.

(4) A probation order may include requirements relating to the residence of the offender: Provided that -

(a) before making an order containing any such requirements, the court shall consider the home surroundings of the offender; and

(b) where the order contains any such requirements, the place at which the probationer is to reside thereat shall be specified in the order. If the probationer is required to reside in an institution, the period for which the offender is required to reside shall not extend beyond twelve months from the date of the order.

(5) Without prejudice to the generality of subarticle (2), where in the opinion of the court the mental condition of the offender is such as requires and as may be susceptible to treatment, but not such as to justify other measures or procedures, or where the court is satisfied that -submit to treatment not exceeding the length of the order by or under the directions of a suitably qualified person with a view to the improvement of the offender’s mental condition or with a view to freeing the offender from drug addiction. The treatment may be of any of the following kinds:

(c) treatment as a non-resident patient in a hospital or other appropriate agency or institution;

(d) treatment as a resident patient in a hospital or other appropriate agency or institution; or

(e) treatment by or under the direction of a suitably qualified person as may be specified in the order. In any such case an amendment of the order under article 10 may also be made on an application made by a suitably qualified person, in conjunction with the probation officer responsible for the treatment of the offender.

(6) Where the court deems that such an order may help in the rehabilitation of the offender, it may include as a condition in the probation order, an order that for a period not exceeding six weeks the probationer shall, when not required to be out to work or study, present himself and remain at such residential institutions as may be approved by the Minister for the purpose, provided that such requirement may be restricted by the court to Saturdays and public holidays and the period after seven in the evening on the eve of Saturdays and public holidays.

(7) Before making a probation order, the court shall explain to the offender, in ordinary language, the effect of the order including any additional requirements proposed to be inserted therein under subarticle (3), subarticle (4), subarticle (5) or subarticle (6), and that if the offender fails to comply therewith or commits another offence, the offender will be liable to be sentenced for the original offence. If the offender is not less than fourteen years of age, the court shall not make the order unless the offender expresses willingness to comply with the requirements thereof.

(8) The court by which a probation order is made shall order that copies of the order be served forthwith on the probationer and the Director who shall assign a probation officer to be responsible for the supervision of the probationer, and to the person in charge of any institution or hospital or other place in which the probationer is required by the order to reside. If the probationer is a minor, a copy of the probation order shall also be furnished to the parent or person charged with the upbringing of the probationer, if any.