PROBATION OF OFFENDERS

(1) Where any person is convicted by any court of any offence committed in a proclaimed judicial division and punishable by that court, and it appears to the court, having regard to all the circumstances of the case, including the nature of the offence and the age, sex and condition of the offender, that it is expedient that the offender should be released on probation, the court may, subject to the provisions of section 4, make a probation order in respect of the offender in lieu of sentencing him to any other punishment which the court may have power to impose :

Provided that, where the offender is a child or young person within the meaning of the Children and Young Persons Ordinance, the preceding provisions of this subsection shall not affect the power of the court to make an order under section 28 (1) or 29 (1) of that Ordinance.

(2) The court which makes a probation order shall cause a certified copy of the order to be transmitted to the Commissioner, and cause certified copies of the order to be delivered respectively to the offender and to the probation officer named in the order.

(1) A court, before making a probation order in respect of any offender, shall –

(2) No probation order shall be made by a court unless –

(3) For the purpose of enabling any information or report to be furnished under subsection (1) in respect of any offender, the court may postpone the determination of the case for any period not exceeding twenty- eight days, and may make order remanding the offender during such period to custody in the nearest prison established under the Prisons Ordinance or in such other place as may be appointed in that behalf by the Minister of Justice and notified in the Gazette.

Where the offender is in any such case released on bail, it shall be a condition of the bail bond that the offender shall report in person to a probation officer named in the bond within twenty-four hours of the release and at such other times as such officer may require.

(4) The report required under paragraph (b) of subsection (1) may be furnished by the Commissioner or by any other officer authorized by him to act on his behalf.

(5) The court may, in any case where written representations are made by a probation officer under paragraph (a) of subsection (1) in respect of any offender, direct that a copy of such representations be furnished to the offender, and hear any such evidence as may be tendered by the offender or the probation officer in relation to any matter referred to in such representations.

(1) Every probation order shall contain conditions requiring that the offender-

(2) Without prejudice to the provisions of subsection (1), the court may insert in any probation order such conditions as the court may consider necessary, including a condition that the offender shall reside, during a specified period, in a household, home or institution approved by the Commissioner for the purpose. The period so specified shall not exceed six months, except in a case where the court considers residence for a longer period to be necessary for the purposes of the employment of the offender or of enabling the offender to seek employment.

(1) The court making a probation order may in addition, either as a condition of the order or otherwise order the offender to pay, within such time or in such instalments as the court may direct, such damages for injury or compensation for loss (not exceeding in the case of a Magistrate’s Court one hundred and fifty rupees, or if a higher limit is fixed by any written law relating to the offence that higher limit), and to pay such costs of the proceedings, as the court thinks reasonable :

Provided that the court may, on application made by the offender or a probation officer, extend for such period as it may think fit the time allowed for the payment of any moneys due from the offender or vary the instalments specified under the preceding provisions of this subsection.

(2) If it is proved to the satisfaction of the court that the offender has not attained the age of sixteen years and that a parent or guardian of the offender has, by neglect or otherwise, conduced to the commission of the offence, the court may order payment by the parent or guardian of any damages and costs referred to in subsection (1).

(3) Where an order has been made under subsection (1) requiring the payment of any moneys by any offender the operation of such order shall not be affected by the expiration, before such moneys are paid, of the probation order made in respect of that offender ; and such moneys shall be payable by, and may be recovered from, the offender, notwithstanding the expiration of the probation order.

(4) All moneys payable by virtue of any order made under this section shall be recoverable in like manner as a fine imposed by the court.

(1) Upon written application made for the purpose by the offender or by or on behalf of the Commissioner, and after consideration of such representations as may be made by the offender and by or on behalf of the Commissioner, the court by which a probation order was made or the Magistrate’s Court having jurisdiction in the place where the offender resides –

(2) A certified copy of any order made by the court under subsection (1) in relation to any probation order shall be transmitted to the probation officer for delivery to the offender, and where given otherwise than by the court by which the probation order had originally been made, to that court for the purpose of being filed of record in the proceedings of the case.

(3) Where an order is made under subsection (1) cancelling any probation order or reducing the period of the duration of any such order, the probation order shall cease to be in force on the date specified in that behalf in the order of cancellation or reduction.

(1) If the court by which a probation order was made, or the Magistrate’s Court having jurisdiction in the place in which the offender resides, is satisfied, by information on oath or on the written report of the Commissioner or of a probation officer, that the offender has been convicted of any offence committed while the order was in force or has failed to observe any condition inserted in the order, the court may issue a warrant for the arrest of the offender, or may, if it thinks fit, instead of issuing a warrant in the first instance, issue a summons on him and his surety or sureties, if any, requiring him or them to attend before the court at such time as may be specified in the summons.

(2) Where a warrant has been issued in the first instance under subsection (1) for the arrest of an offender, he shall when arrested, if not brought forth with before the court by which the warrant was issued, be brought before any Magistrate’s Court.

(3) The court before which any offender is so brought on arrest or before which he appears in pursuance of such summons as aforesaid may, if it is not the court by which the warrant or summons was issued, remand him to custody or release him on bail until he can be brought before such court.

(4) Any offender so remanded to custody may be committed during remand to any prison to which the court before which he is to be brought has power to commit prisoners. If the offender is a person who has not attained the age of sixteen years he shall, if remanded, be dealt with wherever practicable in accordance with the provisions of section 15 (1) of the Children and Young Persons Ordinance.

(5) If it is proved to the satisfaction of the court by which a probation order was made, or of the Magistrate’s Court having jurisdiction in the place in which the offender resides, that the offender has been convicted of any offence committed while the order was in force, the court may, subject to the provisions of subsection (7), cancel the probation order and pass or make any such sentence or order which it could pass or make under any other written law if the offender had just been convicted before that court of the original offence upon his conviction of which the probation order was made.

(6) If it is proved to the satisfaction of the court by which a probation order was made, or of the Magistrate’s Court having jurisdiction in the place in which the offender resides, that the offender has failed to observe any condition of the order, the court may, subject to the provisions of subsection (7)-

(7) The powers conferred by subsection (5) or subsection (6) on the Magistrate’s Court having jurisdiction in the place in which the offender resides shall not be exercised by that court unless-

(8) In any case where any sentence or order is passed or made in respect of any offender under subsection (5) or subsection (6), the court may, instead of condemning his surety or sureties, if any, to pay the sums for which they are respectively bound, condemn him or them or any of them to pay a part only of such sums or discharge him or them or any of them from the liability to make any such payment.

(1) The Commissioner shall be in charge of the probation service and shall, subject to the general direction and control of the Minister, be responsible for the general administration and management of that service.

(2) Any power, duty or function conferred or imposed upon or assigned to the Commissioner by any of the provisions of this Ordinance or by any rule made thereunder may, unless the Commissioner otherwise directs, be exercised, performed or discharged by the Deputy Commissioner.

(1) The Minister may establish for the purposes of this Ordinance an advisory board, to be known as the ” Central Probation Board “, consisting of the Commissioner as chairman and of not more than seven other persons appointed by the Minister.

(2) Of the persons appointed to be members of the Central Probation Board, four at least must be persons who do not hold any office of emolument under the Crown.

(3) The Deputy Commissioner shall be the secretary of the Board.

(1) The probation service for the purposes of this Ordinance shall consist of-

(2) The appointment of any unsalaried probation officer may at any time be terminated by the Minister.

(1) There shall be, for each proclaimed judicial division, a probation unit consisting of at least one salaried probation officer, and of such other probation officers, whether salaried or unsalaried, as may be necessary for the purposes of this Ordinance:

Provided that one probation unit may, if the Minister considers it expedient, be established for two or more proclaimed judicial divisions.

(2) The Commissioner may transfer any salaried probation officer from any probation unit to any other probation unit.

(3) Upon the appointment of any probation officer to any probation unit or the transfer of any such officer to or from any such unit or the termination of the appointment of any probation officer appointed to any such unit, the Commissioner shall cause notice of such appointment, transfer or termination to be published in the Gazette, and to be given to the Fiscal of the court and to every court having jurisdiction in the division for which the probation unit is established.

(4) The probation officer appointed by the court to undertake the supervision of an offender who is convicted of any offence shall, unless the court in the special circumstances of the case otherwise directs, be an officer appointed to the probation unit of the judicial division in which the offence was committed:

Provided, however, that the Commissioner may, if he considers it expedient or necessary so to do, direct any other probation officer, whether appointed to the same probation unit or not, to undertake the supervision of the offender in respect of whom the order was made.

(5) Where the Commissioner has, under the proviso to subsection (4), directed any probation officer, other than the officer appointed by the probation order, to undertake the supervision of the offender, the Commissioner shall cause notice of such directions to be given to the offender and to the court by which the order was made ; and in any such case the officer so directed by the Commissioner shall, for the purposes of this Ordinance, be deemed to be the probation officer appointed by the order.

(6) The Commissioner shall, where practicable, make such arrangements as may be necessary to secure that the supervision of any female offender is under taken by a female probation officer.

(1) It shall be the duty of every probation officer to undertake such preliminary investigations, as he may from time to time be required by general or special directions of the Commissioner to undertake, for the purpose of furnishing information to any court under section 4 in relation to any offender and of enabling reports to be made to any court under that section.

(2) It shall be the duty of the probation officer who is or is deemed to be appointed by any probation order made in respect of any offender-

(3) Every probation officer shall perform all such duties as may be imposed on him by special or general directions given by the Commissioner in that behalf or as may be prescribed by rules made under this Ordinance or by any other written law.

(4) Every probation officer shall, in the performance or discharge of the functions or duties assigned to or imposed on him by or under this Ordinance or any other written law, be subject to the general direction and control of the Commissioner.

(1) The Minister may make rules for all matters connected with or incidental to the supervision of offenders in respect of whom probation orders are made under this Ordinance, and to the discharge and performance of the functions and duties conferred or imposed upon the Commissioner and upon probation officers by this Ordinance.

(2) Without prejudice to the generality of the powers conferred by subsection (1), any rules made under that subsection may prescribe-

(3) No rule made by the Minister under this section shall have effect until it has been approved by the Senate and the House of Representatives, nor until notification of such approval has been published in the Gazette.