1352
Who to be named as
probation officer.
Duties of probation officers.
7 Edw. VII,
c. 17, s. 4.
Power to
vary
conditions of
(6) The person named in any probation order shall be-
(a) a probation officer appointed by the Governor, or a deputy probation officer or assistant probation officer so appointed, or
() if the court considers that the special circums- tances of the case render it desirable, or if no person has been appointed as a probation officer, a person who has not been appointed a probation officer to undertake supervision in respect of that
case,
(7) The person named in a probation order may at any time be relieved of his duties, and, in any such case or in ease of the death, absence, illness or incapacity of the person so named, another person may be substituted by the Court before which the offender is bound by his recognizance to appear for conviction or sentence.
(8) It shall be the duty of a probation officer, subject to the directions of the court :-
(a) To visit or receive reports from the person under supervision at such reasonable intervals as may be specified in the probation order, or, subject thereto, as the probation officer may think fit; (b) to see that he observes the conditions of his
recognizance;
(e) to report to the court as to his behaviour;
(d) to advise, assist, and befriend him, and, when necessary, to endeavour to find him suitable employment.
(9) The court before which any person is bound by his recognizance under this Ordinance to app ar for conviction or sentence may, upon the application of the probation recognizance. officer, and after notice to the offender, vary the conditions 7 Edw. VII, of the recognizance and may, on being satisfied that the conduct of that person has been such as to make it unnecessary that be should remain longer under supervi- sion, discharge the recognizance.
c. 17, s. 5.
Provision in case of offender failing to observe conditions of his
recognizance.
7 Edw. VII, c. 17, s. 6.
15 & 16
(10)–(a) If a court before which an offender is bound by his recognizance to appear for conviction or sentence, or any court, is satisfied by information on oath that the offender has failed to observe any of the conditions of his recognizance, it may issue a warrant for his apprehension, or may, if it thinks fit, instead of issuing a warrant in the first instance, issue a summons to the offender and his sureties (if any) requiring him or them to attend at such court aud at such time as may be specified in the
summons.
(4) The offender, when apprehended, shall, if not brought forthwith before the court before which he is bound by his recognizance to appear for conviction or sentence, be brought before a court.
(e) The court before which an offender on apprehension is brought, or before which he appears in pursuance of such summons as aforesaid, may, if it is not the court before which he is bound by recognizance to appear for conviction or sentence, remand bim to custody or on bail until he can be brought before the last-mentioned court, and the pro- visions of section 5 of this Ordinauce shall apply to any such remand as aforesaid.
(d) A court before which a person is bound by his Geo. V,
recognizance to appear for conviction or sentence on being s. 86, s. 7 (4 satisfied that he has failed to observe any condition of his recognizance, may forthwith, without any further proof of his guilt, deal with him as for the original offence, or instead of so doing and without prejudice to the continu- ance in force of the probation order, impose on him in respect of such failure a penalty not exceeding one hundred dollars.
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