Section 4: Probation order

4. Probation order (1) (a) A probation order shall— (i) have effect for such period being not less than one year nor more than 3 years from the date of the order as may be specified in the order; and (ii) require the probationer to submit during that period to the supervision of a probation officer appointed for or assigned to the district in which the probationer will reside after the making of the order. (b) The order shall contain— (i) such conditions and requirements as the Court considers necessary for securing the supervision of the offender; and (ii) such other conditions and 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 of the same offence or the commission of other offences. (c) (i) Subject to subparagraph (ii), in making a probation order, a Court may impose one or more of the following requirements— (A) an attendance centre requirement; (B) a curfew requirement; (C) a drug or alcohol treatment requirement; (D) a residence requirement. (ii) A curfew and a residence requirement shall be imposed in respect of a minor only. (2) (a) Where a probation order contains an attendance centre requirement, the centre where, and the period during which, a probationer is required to attend shall be specified in the probation order. (b) Where a requirement under paragraph (a) requires a probationer to attend a centre— (i) the period during which the probationer is required to attend shall not exceed 60 hours; and (ii) the probationer shall not be required to attend more than 3 hours a day. P38 – 3 [Issue 3] Probation of Offenders Act (3) (a) Subject to paragraphs (b) and (c), where a probation order contains a curfew requirement, the place where, and the days on and the hours between which, a probationer is required to remain indoors shall be specified in the probation order. (b) The place where a probationer is required to remain indoors shall be designated by the Commissioner and shall not include an institution. (c) The days on and the hours between which a probationer is required to remain indoors shall not span over a period of more than 6 months as from the date of probation order. (d) A curfew requirement shall, as far as practicable, not interfere with the normal working hours, school hours or educational activity, as the case may be, of a probationer. (e) A Court shall, before imposing a curfew requirement, obtain and consider information about the place proposed to be specified in the probation order, including information from any person likely to be affected by the presence of the offender. (4) (a) Where a Court— (i) convicts a person under section 34 (1) of the Dangerous Drugs Act; or (ii) is satisfied that an offender is dependent on drug or alcohol, the Court may impose on him a drug or alcohol treatment requirement. (b) A Court shall not make a drug or alcohol treatment requirement unless it is satisfied that necessary arrangements have been made for such treatment to be followed. (5) (a) Where a probation order contains a residence requirement, the institution where, and the period during which, a probationer is required to reside shall be specified in the probation order. (b) Subject to paragraph (c), where a requirement under paragraph (a) requires a probationer to reside in an institution, the period during which the probationer is required to reside shall not span over a period or more than 12 mon cessary arrangements have been made for such treatment to be followed. (5) (a) Where a probation order contains a residence requirement, the institution where, and the period during which, a probationer is required to reside shall be specified in the probation order. (b) Subject to paragraph (c), where a requirement under paragraph (a) requires a probationer to reside in an institution, the period during which the probationer is required to reside shall not span over a period or more than 12 months as from the date of a probation order. (c) A Court may, in exceptional circumstances, extend the period of 12 months specified in paragraph (b). (6) A Court making a probation order shall give one copy of the order to the offender and one to the probation officer under whose supervision he is placed. [S. 4 amended by s. 6 of Act 11 of 2009 w.e.f. 1 October 2010.] [Issue 3] P38 – 4 Revised Laws of Mauritius