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Section 13A: Order to attend counselling sessions following conviction

Protection From Domestic Violence Act

consolidated text (as at 2007, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

13A. Order to attend counselling sessions following conviction (1) (a) In exceptional cases, where a Court by or before which a person is convicted of an offence under section 13 is of opinion that, having regard to the circumstances, including the nature of the offence and the character, antecedents, mental and psychological condition, age, health and home surroundings of the offender, it is expedient to do so, the Court may, instead of sentencing him, order him to attend counselling sessions organised by the Ministry. (b) Where a Court is satisfied that the offender has failed to comply with an order made under paragraph (a), it may sentence him for his original offence, in accordance with section 13. (2) The order to attend counselling sessions made under subsection (1) (a) shall be for such period, not exceeding 2 years, and on such terms and conditions as the Court may determine. (3) The Court may require the Ministry to provide a report with a view to assisting the Court in determining the most suitable method of dealing with an offender. (4) Before making an order under subsection (1), the Court shall explain to the offender, in a language he understands, the effect of the order and that, if he fails in any way to comply with the order, he shall be liable to be sentenced for the original offence. (5) The Court shall not order an offender to attend counselling sessions unless he expresses his willingness to comply with the order and the victim has no objection thereto. (6) The Permanent Secretary of the Ministry shall report any failure by an offender to comply with an order made under subsection (1) to the Court which made that order. (7) On receipt of a report under subsection (6), the Court may— (a) issue a summons to the offender requiring him to appear at a place and time specified in the summons; (b) issue a warrant for the arrest of the offender. [S. 13A inserted by s. 7 of Act 23 of 2007 w.e.f. 15 September 2011.] 14. —

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