1964_PROBATION_OF_OFFENDERS_ORDINANCE — Page 4

1987 Ed.]

Probation of Offenders

[CAP. 298

(2) 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 him of the same offence or the commission of other offences:

Provided that (without prejudice to the power of the court to make an order under section 7(2)) the payment of compensation under that section shall not be included among the requirements of a probation order. (Amended, 48 of 1972, s. 4)

(3) Without prejudice to the generality of subsection (2), 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 requires the offender to reside in an approved institution, the name of the institution and the period for which he is so required to reside shall be specified in the order, and that period shall not extend beyond 12 months from the date of the order.

(4) Before making a probation order, the court shall explain, or cause to be explained, to the offender in a language understood by him the effect of the order (including any additional requirements proposed to be inserted therein under subsection (2) or (3) ) and that if he fails to comply therewith or commits another offence he will be liable to be sentenced for the original offence; and if the offender is not less than 14 years of age the court shall not make the order unless he expresses his willingness to comply with the requirements thereof.

(5) A probationer shall be subject to the supervision of the probation officer appointed or assigned to the area in which such probationer may from time to time reside, or to such other proba- tion officer as the principal probation officer may nominate.

(6) The probation officer under whose supervision a woman or girl is placed shall be a woman.

(7) The court by which a probation order is made, or any court by which an order is made under section 4(2) amending any such probation order, shall forthwith give copies of such order, or such amending order as the case may be, to the probation officer responsible for the supervision of the probationer and he shall give a copy thereof to the probationer and to the person in charge of any institution in which the probationer is or was by such order or such amending order required to reside.

[cf. 1948 c. 58, s. 3.]

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