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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").

© 1950 Crown Copyright

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