Criminal Justice Act 1925

7 Minor amendments of Probation of Offenders Acts

(1) In every case where a person as respects whom a probation order has been made by a court of summary jurisdiction did not plead guilty or admit the truth of the information, he shall have a right to appeal against the order to a court of quarter sesssions on the ground that he was not guilty of the offence charged, in the same manner as if he had been convicted of the offence.

On any such appeal the court of quarter sessions shall allow the appeal if it thinks that the appellant was not guilty of the offence charged, and in any other case shall dismiss the appeal.

(2) The following shall be substituted for subsection (3) of section one of the principal Act:—

“(3) The court may by any such order direct that it shall be a condition of the recognizance to be entered into by the offender that he shall pay such damages for injury or compensation for loss (not exceeding in the case of a court of summary jurisdiction twenty-five pounds, or, if a higher limit is fixed by any enactment relating to the offence, that higher limit), and such costs of the proceedings, as the court thinks reasonable.”

(3) In any case where it is intended in pursuance of section six of the principal Act to issue a summons instead of a warrant in the first instance, it shall not be necessary that the information shall be on oath or in writing.

(4) A court before which an offender is brought or appears under section six of the principal Act for failing to observe the conditions of his recognizance may, instead of sentencing him for the original offence under subsection (5) of that section or remanding him to custody or on bail under subsection (3) of that section, as the case may be, and without prejudice to the continuance in force of the probation order, impose on him in respect of such failure a penalty not exceeding ten pounds.

(5) Where under subsection (3) of the said section six an offender is remanded to custody or on bail by a court of summary jurisdiction, that court shall transmit to the court before which the offender is bound to appear under his recognizance a certificate signed by a justice stating that the offender has failed to observe the conditions of the recognizance, together with such particulars of the circumstances of the case as the first-mentioned court may consider expedient, and for the purposes of proceedings in the court to which it is transmitted the certificate shall be admissible as evidence that the offender has so failed.

(6) Where a person as respects whom a probation order has been made is, in pursuance of subsection (5) of section six of the principal Act, convicted for the original offence and his recognizance is adjudged by the court to be forfeited, the court instead of adjudging the persons bound thereby to pay the sums for which they are respectively bound may, as it thinks fit, adjudge those persons or any of them to pay part only of those sums or may as respects all or any of those persons remit payment thereof.