XN000022-1986-12-24 — Page 3

WEDNESDAY, DECEMBER 24, 1986

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CHANGES PROPOSED TO PROBATION OF OFFENDERS ORDINANCE

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THE GOVERNMENT HAS PROPOSED TO AMEND THE PROBATION OF OFFENDERS ORDINANCE IN RELATION TO THE BREACH OF PROBATION ORDERS AND THE POWER OF THE DIRECTOR OF SOCIAL WELFARE TO SPECIFY RECORD FORMS.

THE PROPOSED CHANGES WERE CONTAINED IN THE PROBATION OF OFFENDERS (AMENDMENT) BILL 1986 PUBLISHED IN THE GOVERNMENT GAZETTE TODAY (WEDNESDAY).

EXPLAINING THE PURPOSE OF THE PROPOSED LEGISLATIVE CHANGES, GOVERNMENT SPOKESMAN SAID ONE AMENDMENT WAS TO PROVIDE THAT WHEN A PROBATION ORDER, OR ORDER FOR CONDITIONAL DISCHARGE, IS MADE ON APPEAL, THE COURT FROM WHICH THE APPEAL WAS BROUGHT MAY DEAL WITH A BREACH OF THE REQUIREMENTS OF THE PROBATION ORDER OR WITH THE COMMISSION OF A FURTHER OFFENCE DURING THE PERIOD OF PROBATION OR CONDITIONAL DISCHARGE.

HE SAID EXISTING PROVISIONS REQUIRE THE PERSON IN BREACH OR COMMITTING A FURTHER OFFENCE TO BE BROUGHT BEFORE AND DEALT WITH BY THE COURT MAKING THE ORIGINAL ORDER.

+THESE PROVISIONS MAKE SPECIFIC REFERENCE TO A JUSTICE OF THE PEACE, MAGISTRATE, DISTRICT JUDGE OR A HIGH COURT JUDGE, BUT THERE IS NO REFERENCE TO THE COURT OF APPEAL,+ HE SAID.

+THEREFORE THERE IS NOTHING IN THE EXISTING LEGISLATION TO ENABLE A PERSON IN BREACH OF AN ORDER MADE BY THE COURT OF APPEAL OR WHO HAS COMMITTED A FURTHER OFFENCE TO BE REFERRED BACK TO THAT COURT, HE ADDED.

IN SUCH CASES, HE SAID, A PERSON MAY BE TAKEN BEFORE A MAGISTRATE UNDER SECTION 5 OF THE ORDINANCE, BUT THE MAGISTRATE CAN ONLY CAUTION OR IMPOSE A FINE OF UP TO $500.

THE SPOKESMAN SAID THE OTHER PROPOSED AMENDMENT WAS TO EMPOWER THE DIRECTOR OF SOCIAL WELFARE TO SPECIFY RECORD FORMS FOR USE BY PROBATION OFFICERS, IN PLACE OF THE PRESENT REQUIREMENT THAT SUCH FORMS BE PRESCRIBED BY THE GOVERNOR IN COUNCIL.

THESE FORMS RECORD INFORMATION ABOUT THE SUPERVISION GIVEN TO THE PROBATIONER AND CONSTITUTE ONE PART OF THE PROBATION FILE WHICH MAY HAVE TO BE PRODUCED FOR THE COURT'S REFERENCE.

THE SPOKESMAN SAID THE FORMAT OF THESE FORMS REQUIRES AMENDMENT FROM TIME TO TIME IN ORDER TO REFLECT CURRENT PRACTICE.

+IT IS FELT, HOWEVER, THAT SUCH ROUTINE AMENDMENTS DO NOT

WARRANT REFERENCE TO THE EXECUTIVE COUNCIL, HE SAID.

THE BILL IS EXPECTED TO BE INTRODUCED INTO THE LEGISLATIVE COUNCIL ON JANUARY 7 NEXT YEAR.

COMMENTS ON THE BILL MAY BE SENT TO THE HEALTH AND WELFARE BRANCH AT CENTRAL GOVERNMENT OFFICES OR THE OMELCO OFFICE AT JACKSON ROAD, CENTRAL.

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