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Section 12: Probation orders

Juvenile Offenders Act

consolidated text (as at 1998). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

12. Probation orders (1) (a) Where a juvenile is convicted of an offence, other than an offence specified in section 3 (4), the Court may make an order discharging the offender conditionally on his entering into a recognisance, with or without sureties, to be of good behaviour and to appear for sentence when called upon during such period, not exceeding 3 years, as may be specified in the order. (b) A recognisance entered into under this section shall, where the Court so orders, contain a condition that the offender be under the supervision of such person as may be named in the order during the period specified in the order, and such other conditions for securing such supervision as may be specified in the order. (c) Nothing in this section shall affect the Criminal Procedure Act. (2) The Court before which any person is bound by his recognisance under this Act to appear for sentence may, after notice to the offender, vary the conditions of the recognisance and may, on being satisfied that the conduct of that person has been such as to make it unnecessary that the recognisance remain in force, discharge the recognisance. (3) (a) Where the Juvenile Court before which an offender is bound by his recognisance to appear for sentence, or any Court, is satisfied by information on oath that the offender has failed to observe any condition of his recognisance, it may issue a warrant for his apprehension, or may, if it thinks fit, instead of issuing a warrant in the first instance, issue a summons to the offender, to any of his sureties, and to any person appointed to supervise the offender, requiring him or them to attend at such Court and at such time as may be specified in the summons. (b) The offender when apprehended shall, if not brought forthwith before the Court before which he is bound by his recognisance to appear for sentence, be brought before a Court. (c) The Court before which an offender on apprehension is brought, or before which he appears in pursuance of a summons issued under this section may, if it is not the Court before which he is bound by his recognisance to appear for sentence, remand him to custody or on bail until he can be brought before the Court before which he is bound by his recognisance to appear. (d) A Juvenile Court before which a person is bound by his recognisance to appear for sentence on being satisfied that he has failed to observe J6 – 7 [Issue 1] Juvenile Offenders Act any condition of his recognisance, may forthwith, without any further proof of his guilt, deal with him as for the original offence.

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