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PROBATION ACT (NORTHERN IRELAND)1950

PROBATION ACT (NORTHERN IRELAND)1950 - LONG TITLE

An Act to amend the law relating to the probation of offenders; to
make provision for the appointment, remuneration and duties of
probation officers; and for purposes connected with the matters
aforesaid.
[14th February 1950]
Probation.

PROBATION ACT (NORTHERN IRELAND)1950 - SECT 1

1.(1) Where a court by or before which a person is convicted of
any offence other than an offence mentioned in the First Schedule
to this Act is of opinion that having regard to the circumstances,
including the nature of the offence and the character 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 [six
months] nor more than three years.

(2) A probation order shall name the petty sessions district in
which the offender resides or is required or intends to reside; and
the offender shall (subject to the provisions of the Second Schedule
to this Act relating to probationers who change their residence) be
required to be under the supervision of a probation officer
appointed for or assigned to that district.

(3) Subject to the provisions of the next following section, 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 considers necessary for securing the good
conduct of the offender or for preventing a repetition by him of
the offence or the commission of other offences:

Provided that (without prejudice to the power of the court to make
an order under sub-section (2) of section seven of this Act) the
payment of sums by way of damages for injury or compensation for
loss shall not be included among the requirements of a probation
order.

(4) Without prejudice to the generality of the last foregoing
sub-section, 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 any
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 twelve months from the date of
the order.

(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
sub-section (3) or sub-section (4) of this section or under the
next following section) 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 forthwith
give copies of the order to a probation officer assigned to the
court, and he shall give a copy to the offender, to the probation
officer responsible for the supervision of the offender and to the
person in charge of any institution in which the probationer is
required by the order to reside; and the court shall, except where
it is itself the supervising court within the meaning of this Act,
send to the clerk of petty sessions for the petty sessions district
named 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 the supervising court.

(7) Where a probation order contains any requirement as to residence
in any institution the court shall forthwith give notice of the
terms of the order to the Ministry of Home Affairs (in this Act
referred to as "the Ministry").

PROBATION ACT (NORTHERN IRELAND)1950 - SECT 2
Probation orders requiring treatment for mental condition.

2.(1) Where the court is satisfied, on the evidence of a registered
medical practitioner [appointed for the purposes of section nineteen
of the Mental Health Act (Northern Ireland), 1961, that the mental
condition of an offender is such as requires and may be susceptible
to treatment but is not such as to warrant his detention in
pursuance of a hospital order under Part III of that Act], the
court may, if it makes a probation order, include therein a
requirement that the offender shall submit, for such period not
extending beyond twelve months from the date of the order as may
be specified therein, to treatment by or under the direction of a
registered medical practitioner with a view to the improvement of
the offender's mental condition.

(2) The treatment required by any such order shall be such one of
the following kinds of treatment as may be specified in the order,
that is to say

<[(a)treatment (whether as an in-patient or an out-patient) at such hospital as may be specified in the order, being a hospital within the meaning of the [Health and Personal Social Services (Northern Ireland) Order 1972], approved by the [Ministry of Health and Social Services] for the purposes of this section; or

(b)...

(c)...]

(d)treatment by or under the direction of such registered medical
practitioner as may be specified in the order;

(3) A court shall not make a probation order containing such a
requirement as aforesaid unless it is satisfied that arrangements
have been ... made for the treatment intended to be specified in
the order, and, if the offender is to be treated as an in-patient,
for his reception.

(4) While the probationer is under treatment pursuant to a
requirement of the probation order as an in-patient, the probation
officer responsible for his supervision shall carry out the
supervision to such extent only as may be necessary for the purpose
of the discharge or amendment of the order.

(5) Where the medical practitioner by whom or under whose direction
a probationer is being treated for his mental condition in pursuance
of a probation order is of opinion that part of the treatment can
be better or more conveniently given in or at a hospital or place
not specified in the order, being a hospital or place in or at
which the treatment of the probationer will be given by or under
the direction of a registered medical practitioner, he may make
arrangements for him to be treated accordingly; and the arrangements
may provide for the probationer to receive part of his treatment as
a resident patient in a hospital or place notwithstanding that the
hospital or place is not one which could have been specified in
that behalf in the probation order.

(6) Where any such arrangements as are mentioned in the last
preceding sub-section are made for the treatment of a probationer

(a)the medical practitioner by whom the arrangements are made shall
give notice in writing to the probation officer responsible for the
supervision of the probationer, specifying the hospital or place in
or at which the treatment is to be carried out; and

(b)the treatment provided for by the arrangements shall be deemed to
be treatment to which he is required to submit in pursuance of the
probation order.

Subs.(7) rep. by 1961 c.15 (NI) s.116(2) sch.7

[(8) Sub-sections (2) and (3) of section fifty of the Mental Health
Act (Northern Ireland), 1961 (which relate to medical reports
tendered in evidence under that section), shall apply for the
purposes of this section as if for the reference in the said
sub-section (2) to paragraph (a) of sub-section (1) of section
forty-eight of that Act there were substituted a reference to
sub-section (1) of this section.

(9) ...]

(10) Except as provided by this section, a court shall not make a
probation order requiring a probationer to submit to treatment for
his mental condition:

Proviso rep. by 1961 c.15 (NI) s.116(2) sch.7

PROBATION ACT (NORTHERN IRELAND)1950 - SECT 3
Discharge and amendment of probation orders.

3.(1) The provisions of the Second Schedule to this Act shall have
effect in relation to the discharge and amendment of probation
orders.

Subs.(2)(3) rep. by 1968 c.29 (NI) s.35(3) sch.5 Pt.I

(4) 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.

PROBATION ACT (NORTHERN IRELAND)1950 - SECT 4
Breach of requirement of probation order.

4.(1) If at any time during the probation period it appears on
information or complaint to a justice of the peace on whom
jurisdiction is conferred by the next succeeding sub-section that the
probationer has failed to comply with any of the requirements of
the order, the justice may issue a summons requiring the probationer
to appear at the place and time specified therein, or may, if the
information or complaint is in writing and on oath, issue a warrant
for his arrest.

(2) The following justices shall have jurisdiction for the purposes
of the preceding sub-section, that is to say

(a)if the probation order was made by a court of summary
jurisdiction, any justice acting for the petty sessions district for
which that court or the supervising court acts;

(b)in any other case, any justice acting for the petty sessions
district for which the supervising court acts;

(3) If it is proved to the satisfaction of the court before which
a probationer appears or is brought under this section 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 [#50] or may

(a)if the probation order was made by a court of summary
jurisdiction, deal with the probationer, for the offence in respect
of which the probation order was made, in any manner in which the
court could deal with him if it had just convicted him of that
offence;

(b) if the probation order was made by [the Crown Court], commit
him to custody or release him on bail (with or without sureties)
until he can be brought or appear before [the Crown Court];

[(c) subject to sub-section (7) of this section, make a community
service order within the meaning of Article 7(1) of the Treatment
of Offenders (Northern Ireland) Order 1976 in respect of him.]

(4) Where the court of summary jurisdiction deals with the case as
provided in paragraph (b) of the last preceding sub-section then

(a)the court shall send to [the Crown Court] a certificate signed
by a resident magistrate, 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 Crown Court]; and

(b) where the probationer is brought or appears before [the Crown
Court], 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 [or, subject to sub-section (7) of this
section, that court may make a community service order within the
meaning of Article 7(1) of the Treatment of Offenders (Northern
Ireland) Order 1976 in respect of him.]

(5) A fine imposed under this section in respect of a failure to
comply with the requirements of a probation order shall be deemed
for the purposes of any enactment to be a sum adjudged to be paid
by a conviction.

(6) A probationer who is required by the probation order to submit
to treatment for his mental condition shall not be treated for the
purposes of this section as having failed to comply with that
requirement on the ground only that he has refused to undergo any
surgical, electrical or other treatment if, in the opinion of the
court, his refusal was reasonable having regard to all the
circumstances; and without prejudice to the provisions of section six
of this Act, a probationer who is convicted of an offence committed
during the probation period shall not on that account be liable to
be dealt with under this section for failing to comply with any
requirement of the probation order.

[(7) Article 7(4) of the Treatment of Offenders (Northern Ireland)
Order 1976 and, so far as applicable, the other provisions of that
Order relating to community service orders shall have effect in
relation to a community service order under this section as they
have effect in relation to a community service order in respect of
an offender, but as if the power conferred by Articles 9 and 10
of that Order to deal with the offender for the offence in respect
of which the community service order was made were a power to deal
with the probationer for the failure to comply with the requirements
of the probation order in respect of which the community service
order was made.

(8) Any exercise by a court of its powers under sub-section (3)(c)
or (4)(b) of this section to make a community service order within
the meaning of Article 7(1) of the Treatment of Offenders (Northern
Ireland) Order 1976 in respect of a probationer shall be without
prejudice to the continuance of the probation order.]

PROBATION ACT (NORTHERN IRELAND)1950 - SECT 5
Absolute and conditional discharge.

5.(1) Where a court by or before which a person is convicted of
any offence other than an offence mentioned in the First Schedule
to this Act is of opinion, having regard to the circumstances
including the nature of the offence and the character of the
offender, that it is inexpedient to inflict punishment and that a
probation order is not appropriate, the court may make an order
discharging him absolutely, or, if the court thinks fit, discharging
him subject to the condition that he commits no offence during such
period, not exceeding [three years] from the date of the order, as
may be specified therein.

(2) An order discharging a person subject to such a condition as
aforesaid is in this Act referred to as "an order for conditional
discharge", and the period specified in any such order as "the
period of conditional discharge".

(3) Before making an order for conditional discharge the court shall
explain to the offender in ordinary language that if he commits
another offence during the period of conditional discharge he will
be liable to be sentenced for the original offence.

(4) Where, under the following provisions of this Act, a person
conditionally discharged under this section is sentenced for the
offence in respect of which the order for conditional discharge was
made, that order shall cease to have effect.

PROBATION ACT (NORTHERN IRELAND)1950 - SECT 6
Commission of further offence.

6.(1) If it appears to a judge or justice of the peace on whom
jurisdiction is conferred by the next succeeding sub-section that a
person in respect of whom a probation order or an order for
conditional discharge has been made has been convicted by a court
in any part of Northern Ireland of an offence committed during the
probation period or during the period of conditional discharge, and
has been dealt with in respect of that offence, the judge or
justice may issue a summons requiring that person to appear at the
place and time specified therein, or may issue a warrant for his
arrest.

(2) The following persons shall have jurisdiction for the purposes
of the preceding sub-section, that is to say:

(a)if the probation order or the order for conditional discharge was
made by [the Crown Court, a judge of that] Court or a committing
justice;

<[(b)if the order was made by a county court judge on an appeal made to him under section 140, 141 or 142 of the Magistrates' Courts Act (Northern Ireland) 1964, a county court judge acting for the division of the county court in which the order was made or a committing justice;]

(c)if the order was made by a court of summary jurisdiction, a
justice acting for the petty sessions district for which that court
acts; or

(d)in the case of a probation order, by whatever court it was
made, a justice acting for the petty sessions district for which
the supervising court acts.

(3) A summons or warrant issued under this section shall direct the
person so convicted to appear or to be brought before the court by
which the probation order or the order for conditional discharge was
made:

Provided that

(a)if that court is a court of summary jurisdiction and the summons
or warrant is issued by a justice acting for the petty sessions
district for which the supervising court acts, the summons or
warrant may direct him to appear or to be brought before the
supervising court; and

(b)if a warrant is issued requiring him to be brought before [the
Crown Court], and he cannot forthwith be brought before that court
because that court is not being held, the warrant shall have effect
as if it directed him to be brought before any justice of the
peace or court of summary jurisdiction acting for any petty sessions
district of the county in which he is arrested; and that justice
or court of summary jurisdiction shall commit him to custody or
release him on bail (with or without sureties) until he can be
brought or appear before [the Crown Court].

(4) If a person in respect of whom a probation order or an order
for conditional discharge has been made by [the Crown Court] is
convicted and dealt with by a court of summary jurisdiction in
respect of an offence committed during the probation period or
during the period of conditional discharge, the court of summary
jurisdiction may commit him to custody or release him on bail (with
or without sureties) until he can be brought or appear before the
court by which the order was made; and if it does so the court
of summary jurisdiction shall send to [the Crown Court] a copy of
the entry of the conviction made in the Order Book required to be
kept under section twenty-one of the Petty Sessions (Ireland) Act,
1851, signed by the clerk of petty sessions by whom the Order Book
is kept.

(5) Where it is proved to the satisfaction of the court by which
a probation order or an order for conditional discharge was made,
or if the order (being a probation order) was made by a court of
summary jurisdiction, to the satisfaction of that court or the
supervising court, that the person in respect of whom that order
was made has been convicted and dealt with in respect of an
offence committed during the probation period, or during the period
of conditional discharge, as the case may be, the 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.

(6) If a person in respect of whom a probation order or an order
for conditional discharge has been made by a court of summary
jurisdiction is convicted before [the Crown Court] of an offence
committed during the probation period or during the period of
conditional discharge, or is dealt with by [the Crown Court] for an
offence so committed in respect of which he was committed for
sentence to that court, [the Crown Court] may deal with him, for
the offence for which the order was made in any manner in which
the court of summary jurisdiction could deal with him if it had
just convicted him of that offence.

(7) If a person in respect of whom a probation order or an order
for conditional discharge has been made by a court of summary
jurisdiction is convicted by another court of summary jurisdiction of
any offence committed during the probation period, or during the
period of conditional discharge, that 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 it had just convicted him of
that offence.

(8) In this section the expression "committing justice", in relation
to a person in respect of whom a probation order or an order for
conditional discharge has been made by [the Crown Court], includes
any resident magistrate or other justice of the peace acting for
the petty sessions district for which the resident magistrate or
justice by whom he was committed for trial or for sentence acted.

PROBATION ACT (NORTHERN IRELAND)1950 - SECT 7
Supplementary provisions as to probation and discharge.

7.(1) Without prejudice to the provisions of [sub-section (2) of
section seventy-six] of the Children and Young Persons Act (Northern
Ireland), [1968] (which enables a court to order the parent or
guardian of a child or young person charged with an offence to
give security for his good behaviour), any court may, on making a
probation order or an order for conditional discharge under this
Act, if it thinks it expedient for the purpose of the reformation
of the offender, require the offender, or if the offender is a
child, his parent or guardian, or if the offender is a young
person, the offender or his parent or guardian to give security for
the good behaviour of the offender. Any security given under this
section shall be given by way of recognizance.

Subs.(2)(3) rep. by 1980 NI 6 art.13 sch.2

(4) In proceedings before [the Crown Court] under the foregoing
provisions of this Act, any question whether a probationer has
failed to comply with the requirements of the probation order or
has been convicted of an offence committed during the probation
period, and any question whether any person in respect of whom an
order for conditional discharge has been made has been convicted of
an offence committed during the period of conditional discharge,
shall be determined by the court and not by the verdict of a
jury.

(5) The provisions of the Summary Jurisdiction Acts (Northern
Ireland) relating to the issue and service of summonses and the
issue and execution of warrants shall respectively apply to any
summons or warrant issued by any court, judge or justice of the
peace under any of the foregoing provisions of this Act.

PROBATION ACT (NORTHERN IRELAND)1950 - SECT 8
Effects of probation and discharge.

8.(1) Subject as hereafter in this section provided, a conviction
for an offence in respect of which an order is made under this
Act placing the offender on probation or discharging him absolutely
or conditionally shall be deemed not to be a conviction for any
purpose other than the purposes 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 so,
however, that

<[(a)where the offender did not plead guilty or admit the offence charged he may appeal [against his conviction

(i)where he is convicted by [the Crown Court, to the Court of
Appeal] in accordance with the provisions of the Criminal Appeal
(Northern Ireland) [Act 1980]; or

(ii)where he is convicted by a magistrates' court,] to the county
court in accordance with the provisions of Part XIII of the
Magistrates Courts Act (Northern Ireland) 1964; and]

(b)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 or conditionally discharged as aforesaid, is subsequently
sentenced under this Act for that offence, the provisions of this
sub-section 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 or
discharged absolutely or conditionally as aforesaid 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 rely on his
conviction in bar of any subsequent proceedings for the same
offence;

(b)the revesting or restoration of any property in consequence of
the conviction of any such offender; or

(c)the operation, in relation to any such offender, of any enactment
in force at the commencement of this Act which is expressed to
extend to persons dealt with under sub-section (1) of section one
of the Probation of Offenders Act, 1907, as well as to convicted
persons or which expressly provides that any statutory provisions are
to apply as if the making of an order under that sub-section were
a conviction.

PROBATION ACT (NORTHERN IRELAND)1950 - SECT 9
Reports of probation officers.

9. Where a report by a probation officer is made to any court
(other than a juvenile court) with a view to assisting the court
in determining the most suitable method of dealing with any person
in respect of an offence, a copy of the report shall be given by
the court to the offender or his counsel or solicitor:

Provided that if the offender is a child or young person and is
not represented by counsel or a solicitor, a copy of the report
need not be given to him but shall be given to his parent or
guardian if present in court.

S.10 spent

Reception and care of probationers etc.

PROBATION ACT (NORTHERN IRELAND)1950 - SECT 11

11.(1) The Ministry, with the approval of the Ministry of Finance,
may

(a)enter into arrangements with voluntary societies or other persons
whereby such societies or persons undertake, on such terms (including
terms as to payment by the Ministry to those societies or persons
of such sums as may be agreed upon) as may be specified in the
arrangements, the reception and care at institutions provided or
managed by them of persons who may be required to reside therein
by a probation order; and

(b)where it appears to the Ministry to be impracticable to enter
into such arrangements, provide and maintain institutions for the
reception and care of persons who may be required to reside therein
by a probation order.

(2) Where on the recommendation of a court it appears to the
Ministry to be necessary to do so for the well-being of any child
or young person in respect of whom a probation order or an order
for conditional discharge has been made under this Act the Ministry,
without prejudice to its power under the preceding sub-section, may,
with the approval of the Ministry of Finance, contribute towards the
expense of maintaining that child or young person elsewhere than at
an institution during his probation period or period of conditional
discharge as the case may be.

(3) The Ministry with the approval of the Ministry of Finance may
make regulations providing for the payment, to such persons at such
times and in such manner as may be prescribed, of contributions by
persons required by a probation order to reside in any institution
or place towards the cost of their maintenance thereat where such
persons are employed outside the institution or place or are
awaiting such employment and for the summary recovery of such
contributions.

(4) The Ministry may make rules for the regulation, management and
inspection of institutions provided by the Ministry under this
section or in respect of which arrangements have been entered into
by the Ministry under this section.

(5) An inspector appointed by the Ministry to inspect any such
last-mentioned institution shall, on production (if required) of his
authority in that behalf, have power at all reasonable times to
enter the institution and to make such investigation of the
treatment of persons required to reside there as he may think
necessary to ensure that arrangements entered into under this section
with respect to the reception and care of such persons are being
faithfully carried out.

(6) The probation officer responsible for the supervision of any
person required by a probation order to reside in any institution
or place may, for the purposes of discharging his duties towards
that person under this Act, visit that person at all reasonable
times and on any such visit shall have such access to that person
as may be necessary for those purposes.

(7) Any person who obstructs any inspector or probation officer in
the exercise of the powers respectively conferred by the preceding
sub-sections shall on summary conviction be liable to a fine not
exceeding ten pounds.

PROBATION ACT (NORTHERN IRELAND)1950 - SECT 12
Appointment of probation officers.

12.(1) The Ministry with the approval of the Ministry of Finance
shall appoint on such terms and conditions as it may think fit
such one or more than one full-time or part-time probation officer
for such petty sessions district or districts as it thinks necessary
so, however, that where more than one probation officer is appointed
to act for any petty sessions district or districts, one of the
officers so appointed shall be a woman.

(2) The qualifications of persons to be appointed as probation
officers shall be such as the Ministry may from time to time
direct and the Ministry may make arrangements for the training of
persons as probation officers and pay to such persons during their
training such allowances and other expenses as the Ministry of
Finance may approve.

Subs.(3) rep. by SLR 1976

(4) Any probation officer appointed by the Ministry before the
coming into operation of this Act shall be deemed to have been
appointed under this Act and any full-time service rendered by him
as a probation officer before the coming into operation of this Act
shall, for the purposes of the Superannuation Acts (Northern
Ireland), 1921 to 1949, be deemed to have been service in an
unestablished capacity within the meaning of sub-section (4) of
section three of the Superannuation Act (Northern Ireland), 1935.

PROBATION ACT (NORTHERN IRELAND)1950 - SECT 13
Ministry to select officer to supervise probationer.

13.(1) The probation officer who is to be responsible for the
supervision of any probationer shall, where more than one probation
officer is attached to a petty sessions district or districts, be
selected [under arrangements made by the Ministry], and if the
probation officer so selected dies or is unable for any reason to
carry out his duties, or if the [Ministry] thinks it desirable that
another officer should take his place, the [Ministry] shall select
another probation officer from among the probation officers appointed
for that petty sessions district or the petty sessions districts:

Provided that, if the [Ministry] thinks it desirable to do so
having regard to the place of residence of a probationer or for
any other special reason, it may select a probation officer for any
other petty sessions district to supervise the probationer.

(2) Where the circumstances permit the [Ministry] shall select a
probation officer who is a woman to supervise a woman or a girl
and a probation officer experienced in dealing with children or
young persons to supervise a probationer who is a child or young
person.

PROBATION ACT (NORTHERN IRELAND)1950 - SECT 14
Duties of probation officers.

14.(1) It shall be the duty of probation officers to supervise the
persons placed under their supervision and to advise, assist and
befriend those persons, to enquire in accordance with any direction
of the court into the circumstances or home surroundings of any
person with a view to assisting the court in determining the most
suitable method of dealing with him, and to perform such other
duties as may be prescribed or imposed by or under any enactment
or as the Ministry may from time to time direct.

(2) Where any offender (being a person under twenty-one years of
age) is dealt with under the provisions of section one of this Act
and is subsequently committed to a training school under the
Children and Young Persons Act (Northern Ireland), 1950, or to a
Borstal Institution, the probation officer who supervises the case
shall send such documents and information relating to the case as
he considers likely to be of assistance to the managers of the
school or the governor of the Borstal Institution as the case may
be.

(3) A probation officer may give to persons under his supervision
[or to any other person in connection with whom he is required to
perform any duties] such financial or other assistance as the
Ministry may with the consent of the Ministry of Finance approve.

PROBATION ACT (NORTHERN IRELAND)1950 - SECT 15
Financial provisions.

15.(1) ... all administrative and other expenses incurred by the
Ministry in carrying the provisions of this Act into effect,
including:

(a)payments made by the Ministry in pursuance of arrangements entered
into by it under sub-section (1) of section eleven of this Act for
the reception and care at institutions of persons required to reside
therein by a probation order;

(b)contributions made by the Ministry under sub-section (2) of the
said section eleven towards maintaining any child or young person
elsewhere than at an institution during his probation period or
period of conditional discharge;

(c)salaries, remuneration, travelling expenses and other allowances or
sums payable to probation officers or to persons being trained as
probation officers and superannuation allowances or gratuities payable
in respect of service as a probation officer; and

(d)expenses incurred by a probation officer in giving to a person
under his supervision any financial or other assistance approved by
the Ministry under sub-section (3) of section fourteen of this Act;

Subs.(2) rep. by 1954 c.9 (NI) s.29 sch.7

PROBATION ACT (NORTHERN IRELAND)1950 - SECT 16
Rules and regulations.

16.(1) The Ministry may, with the approval of the Lord Chief
Justice of Northern Ireland, make rules for prescribing the procedure
to be followed and the forms to be used for the purposes of
proceedings under or in consequence of this Act [and the Treatment
of Offenders Act (Northern Ireland) 1968].

(2) The Ministry may make regulations providing for any matter in
regard to which regulations may be made under this Act and
generally for the purposes of carrying this Act into effect.

(3) All rules and regulations made under this Act shall be laid
before each House of Parliament as soon as may be after they are
made and if either House of Parliament, within the statutory period
next after the day on which such regulations or rules are laid
before it, resolves that the regulations or rules be annulled, the
regulations or rules shall thereupon cease to have effect, but
without prejudice to the validity of anything previously done
thereunder or to the making of new regulations or rules.

PROBATION ACT (NORTHERN IRELAND)1950 - SECT 17
Interpretation.

17.(1) In this Act, unless the context otherwise requires, the
following expressions have the meaning hereby respectively assigned to
them, that is to say:

"child" means a person under the age of fourteen years;

Definition rep. by 1954 c.9 (NI) s.29 sch.7

"enactment" includes any provision in any Act of the Parliament of
Northern Ireland or of the Parliament of the United Kingdom, whether
public general, local or private, and any provision in any order in
council, order, regulation or other instrument having effect by
virtue of any such Act;

"the Ministry" has the meaning assigned to it by sub-section (7) of
section one of this Act;

"order for conditional discharge" has the meaning assigned to it by
section five of this Act;

"period of conditional discharge" has the meaning assigned to it by
section five of this Act;

"prescribed" means prescribed by rules or regulations made under this
Act;

"probation order" has the meaning assigned to it by section one of
this Act;

"probation period" means the period for which a probationer is
placed under supervision by a probation order;

"probationer" means a person for the time being under supervision by
virtue of a probation order;

Definitions rep. by SLR 1976

"supervising court" means, in relation to a probation order, a court
of summary jurisdiction acting for the petty sessions district for
the time being named in the order; and, where the probationer was
a child or young person when the probation order was made, means a
juvenile court for that district;

"young person" means a person who has attained the age of fourteen
years and is under the age of seventeen years.

(2) Where the age of any person at any time is material for the
purposes of any provision of this Act his age at the material time
shall be deemed to be or to have been that which appears to the
court after considering any available evidence to be or to have
been his age at that time.

(3) For the purposes of this Act, except sub-section (6) of section
one thereof, where a probation order or an order for conditional
discharge has been made on appeal, the order shall be deemed to
have been made by the court from which the appeal was brought.

(4) Where any provision of this Act empowers a court on conviction
of an offender to pass a sentence or make an order in lieu of
dealing with him in any other manner, that provision shall not be
construed as taking away any power of the court to order the
offender to pay costs, damages or compensation.

Subs.(5) rep. by 1954 c.33 (NI) s.48(1) sch.

S.18 rep. by SLR 1976. Ss.19,20 rep. by SLR (NI) 1954

PROBATION ACT (NORTHERN IRELAND)1950 - SECT 21
Short title.

21. This Act may be cited as the Probation Act (Northern Ireland),
1950.

Sections 1 & 5.

1. An offence for which the court is required to sentence the
offender to death or imprisonment for life or to detention during
the pleasure of the Governor of Northern Ireland.

[2. An offence under any provision of the Road Traffic [(Northern
Ireland) Order 1981] where a person convicted of that offence is
required to be sentenced to a term of imprisonment.]

[3. An offence under section forty of the Foyle Fisheries Act
(Northern Ireland), 1952.]

[4. An offence under section 46 of the Fisheries Act (Northern
Ireland) 1966.]

[5. An offence under section 41(1)(a), 53, 56, 57, 62(1) or 72 of
the Licensing Act (Northern Ireland) 1971.]

1. The court by which a probation order was made may, upon
application made by the probation officer or by the probationer,
discharge the order.

2.(1) If the supervising court is satisfied that a probationer
proposes to change, or has changed his residence from the petty
sessions district named in the probation order to another petty
sessions district, the court may, and if application in that behalf
is made by the probation officer, shall, by order amend the
probation order by substituting for the petty sessions district named
therein the petty sessions district where the probationer proposes to
reside or is residing:

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 this paragraph, the
supervising court shall send to the clerk of petty sessions for the
district 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 the court acting as the
supervising court for that district.

3. Without prejudice to the provisions of the last preceding
paragraph, 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 sections one and two of this Act:

Provided that

(a)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;

(b)the court shall not so amend a probation order that the
probationer is thereby required to reside in any institution, or to
submit to treatment for his mental condition, for any period
exceeding twelve months in all;

(c)the court shall not amend a probation order by inserting therein
a requirement that the probationer shall submit to treatment for his
mental condition unless the amending order is made within three
months after the date of the original order.

4. Where a probationer is being treated for his mental condition in
pursuance of any requirement of the probation order and the Northern
Ireland Hospitals Authority or the medical practitioner (as the case
may be) by whom or under whose authority the probationer is being
so treated is satisfied

(a)that the treatment of the probationer should be continued beyond
the period specified in that behalf in the order, or

(b)that the probationer needs different treatment, being treatment of
a kind to which he could be required to submit in pursuance of a
probation order, or

(c)that the probationer is not susceptible to treatment, or

(d)that the probationer does not require further treatment,

5. Where the supervising court proposes to amend a probation order
under 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 petty sessions district for the
district named in the probation order.

6. 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 and to the
person in charge of any institution in which the probationer is or
was required by the order to reside:

Provided that if the order amends the probation order by
substituting a new petty sessions district for the district named in
the probation order the copies of the order shall be sent to the
clerk of petty sessions for the new petty sessions district and he
shall be responsible for giving copies of the order to the
probation officer.

7. Sub-section (7) of section one of this Act shall apply to any
order made under this Schedule which contains, amends or discharges
any requirement as to residence as it applies to a probation order
made under that section.

Third Schedule rep. by 1964 c.21 (NI) s.172 sch.7. Fourth Schedule
rep. by SLR (NI) 1954