Section 3:

3. Court may make probation order (1) (a) Subject to paragraph (b), where a Court by or before which a person is convicted of an offence, not being an offence the sentence for which is fixed by law, is of opinion that, after duly considering any report made under section 3A and having regard to the circumstances, including the nature of the offence and the character, antecedents, age, health, mental condition and home surroundings of the offender, it is expedient to do so, the Court may, instead of sentencing him, make a probation order. (b) Before making a probation order, the Court shall explain to the offender in ordinary language the effect of the order and that, if he fails in any way to comply with the order or commits another offence, he shall be liable to be sentenced for the original offence. (c) The Court shall not make a probation order unless the offender expresses his willingness to comply with the order. (2) In this section, “offence the sentence for which is fixed by law” means an offence— (a) for which the Court is required to sentence the offender to penal servitude for life or to detention during the President’s pleasure; or (b) for the prosecution of which section 205 of the Criminal Procedure Act provides that Part X of that Act shall not apply. [S. 3 amended by Act 48 of 1991; by s. 4 of Act 11 of 2009 w.e.f.1 October 2010.] [Issue 3] P38 – 2 Revised Laws of Mauritius