![]() |
Home
| Databases
| WorldLII
| Search
| Feedback
Fiji Legislation |
LAWS OF FIJI
Ed. 1978
CHAPTER 22
PROBATION OF OFFENDERS
Ordinance
No. 12 of
1952.
Act No. 24
of 1976.
AN ACT
RELATING TO PROBATION OF OFFENDERS
[1st October, 1952.]
Short title
1.
This Act may be cited as the Probation of Offenders Act.
Interpretation
2.
In this Act, unless the context otherwise requires-
"probationer" means a person for the time being under supervision by virtue of a probation order;
"probation officer" means a probation officer appointed under the provisions of this Act and, in relation to any case where a court is of opinion that a probation order should be made but that it is impracticable to place the offender under the supervision of a probation officer appointed under the provisions of this Act, includes any person who consents and is appointed by the court to have the supervision of an offender;
"probation order" has the meaning assigned to it by section 3;
"probation period" means the period for which a probationer is placed under supervision by a probation order.
Probation
3.
(1) Where a court by or before which a
person is convicted of an offence (not being an offence punishable by death) is
of opinion
that having regard to the circumstances, including the nature of the
offence and the character and home surroundings of the offender,
it is expedient
to do so, the court may, instead of sentencing him, make a probation order, that
is to say, an order requiring him
to be under the supervision of a probation
officer for a period to be specified in the order of not less than one year nor
more than
three years.
(2) A
probation order shall name the area in which the offender resides or will reside
and the offender shall (subject to the provisions
of the Schedule relating to
probationers who change their residence) be required to be under the supervision
of a probation officer
for that district. The order shall also name as the
supervising court a court of a resident or second class magistrate within that
district.
(3) Subject to the
provisions of section 4, 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 a court to make an order under the provisions of
sections 164 or 165 of the Criminal Procedure Code) the payment of sums by way
of damages shall not be included among the requirements of a probation
order.
(Cap.
21)
(4) Without prejudice to the
generality of subsection (3), a probation order may include requirements
relating to the residence of
the
offender.
(5) 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 subsections (3) or (4), or under section 4, 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
fourteen years of age the court shall not make the order unless he expresses his
willingness to comply with the requirements
thereof.
(6) The court by which a
probation order is made shall give a copy of the order to the probation officer
responsible for the supervision
of the offender and to the offender, and the
court shall, except where it is itself the supervising court, send to the clerk
of the
supervising court a copy of the order, together with such documents and
information relating to the case as it considers likely to
be of assistance to
the supervising court.
Discharge, amendment and review of probation orders
4.-(1)
The provisions of the Schedule shall have effect in relation to the discharge
and amendment of probation
orders.
(2) Where, under the
following provisions of this Act, a probationer is sentenced for the offence for
which he was placed on probation,
the probation order shall cease to have
effect.
Breach of requirements of probation order
5.
-(1) If at any time during the probation period it appears on information to the
supervising court that the probationer has failed
to comply with any of the
requirements of the order, the supervising court may issue a summons requiring
the probationer to appear
before it at the place and time specified therein or
may, if the information is in writing and on oath, issue a warrant for his
arrest.
(2) If it is proved to the
satisfaction of the supervising court that the probationer has failed to comply
with any of the requirements
of the probation order, that court may, without
prejudice to the continuance of the probation order, Impose on him a fine not
exceeding
twenty dollars or may-
(a) if the probation order was made by a magistrate of a class not higher than the supervising court, deal with the probationer, for the offence in respect of which the probation order was made, in any manner in which the supervising court could deal with him if it had just convicted him of that offence;
(b) if the probation order was made by the Supreme Court or a magistrate of a class higher than the supervising court, commit him to custody or release him on bail (with or without sureties) until he can be brought or appear before the court which made the order.
(3)
Where the supervising court deals with the case as provided in paragraph (b) of
subsection (2), then-
(a) the court shall send to the court which made the order a certificate signed by a magistrate of the supervising court certifying that the probationer has failed to comply with such of the requirements of the probation order as may be specified in the certificate, together with such other particulars of the case as may be desirable; and a certificate purporting to be so signed shall be admissible as evidence of the failure before the court which made the order;
(b) where the probationer is brought or appears before the court which made the order and it is proved to the satisfaction of that court that he has failed to comply with any of the requirements of the probation order, that court may deal with him for the offence in respect of which the probation order was made, in any manner in which the court could deal with him if he had just been convicted before that court of that offence.
Commission of further offence
6.
-(1) If it appears to the supervising court that a person in whose case a
probation order has been made has been convicted by a court
in any part of Fiji
of an offence committed during the probation period, the supervising court may
issue a summons requiring the
person to appear at the place and time specified
or may, if the information is in writing and upon oath, issue a warrant for his
arrest.
(2) A summons or warrant
issued under this section shall direct the person so convicted to appear or to
be brought-
(a) if the probation order was made by the Supreme Court or by a magistrate of a class higher than the supervising court, before the court which made the order;
(b) if the probation order was made by a magistrate of a class not higher than the supervising court, before the supervising court.
(3)
Where it is proved to the satisfaction of the court which made the order or, in
the case of a probation order made, by a magistrate
of a class not higher than
the supervising court, to the satisfaction of the supervising court that the
probationer has been convicted
and dealt with in respect of an offence committed
during the probation period, such court may deal with him, for the offence for
which the order was made, in any manner in which the court could deal with him
if he had just been convicted by or before that court
of that
offence.
Effects of probation
7.-(1)
Subject as hereinafter provided, a conviction of an offence for which an order
is made under the provisions of this Act placing
the offender on probation shall
be deemed not to be a conviction for any purpose other than the purpose of the
proceedings in which
the order is made, and of any subsequent proceedings which
may be taken against the offender under the foregoing provisions of this
Act:
Provided that where an offender, being not less than seventeen years of age at
the time of his conviction of an offence for
which he is placed on probation, is
subsequently sentenced under this Act for that offence, the provisions of this
subsection shall
cease to apply to the
conviction.
(2) Without prejudice
to the foregoing provisions of this section, the conviction of an offender who
is placed on probation shall
in any event be disregarded for the purposes of any
enactment which imposes any disqualification or disability upon convicted
persons
or authorises or requires the imposition of any such disqualification or
disability.
(3) The foregoing
provisions of this section shall not affect-
(a) any right of any such offender as aforesaid to appeal against his conviction or to rely thereon in bar of any subsequent proceedings for the same offence; or
(b) the re-vesting or restoration of any property in consequence of the conviction of any such offender.
Probation officers
8.
There may be appointed as probation officer or officers for any Division of Fiji
such person or persons as the Minister may determine.
Regulations
9.
The Minister may make regulations regulating the qualifications and duties of
probation officers.
Powers to be cumulative
10.
All powers given by this Act shall be in addition to and not in derogation of
any other powers conferred by or under any enactment
and all such last mentioned
powers may be exercised in the same manner and by the same authority as if this
Act had not been enacted.
SCHEDULE
DISCHARGE AND AMENDMENT OF PROBATION ORDERS
DISCHARGE
1.
The supervising court may, upon application made by the probation officer or by
the probationer, discharge the
order.
AMENDMENT
2.-(1)
If the supervising court is satisfied that a probationer wishes to change, or
without contravention of the probation order
has changed his residence from the
area named in the probation order to another district, the court may by order
amend the probation
order by substituting for the district named therein the
district where the probationer proposes to reside or is residing and by
substituting a resident magistrate's court within the new district as the
supervising court:
Provided that
if the probation order contains requirements which, in the opinion of the court,
cannot be complied with unless the
probationer continues to reside in the
district named in the order, the court shall not amend the order as aforesaid
unless, in accordance
with the following provisions of this Schedule, it cancels
those requirements or substitutes therefor other requirements which can
be so
complied with.
(2) Where a
probation order is amended under the provisions of this paragraph, the court
making the amendment shall send to the supervising
court substituted in the
order a copy of the order, together with such documents and information relating
to the case as it considers
likely to be of assistance to that
court.
3. Without prejudice to the
provisions of paragraph 2, the supervising court may, upon application made by
the probation officer or
by the probationer, by order amend a probation order by
cancelling any of the requirements thereof or by inserting therein (either
in
addition to or in substitution for any such requirement) any requirement which
could be included in the order if it were then
being made by that court in
accordance with the provisions of section 3 of this
Act:
Provided that the court shall
not amend a probation order by reducing the probation period, or by extending
that period beyond the
end of three years from the date of the original
order.
GENERAL
4.
Where the supervising court proposes to amend a probation order under the
provisions of this Schedule, otherwise than on the application
of the
probationer, it shall summon him to appear before the court; and if the
probationer is not less than fourteen years of age,
the court shall not amend a
probation order unless the probationer expresses his willingness to comply with
the requirements of the
order as
amended:
Provided that this
paragraph shall not apply to an order cancelling a requirement of the probation
order or reducing the period of
any requirement, or substituting a new district
for the district named in the probation
order.
5. On the making of an
order discharging or amending a probation order, the clerk to the court shall
forthwith give copies of the
discharging or amending order to the probation
officer; and the probation officer shall give a copy to the
probationer:
Provided that if the
order amends the probation order by substituting a new district for the district
named in the probation order
the copies of the order shall be sent to the clerk
of the supervising court substituted in the order and he shall be responsible
for giving copies of the order to the probation officer.
Controlled by Ministry of Social Welfare
----------------------------------
PacLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
URL: http://www.paclii.org/consol_act/pooa224