Part I Powers of Courts to Deal with Offenders

Probation

F12 Probation orders.

(1)

Where a court by or before which a person of or over the age of sixteen years is convicted of an offence (not being an offence for which the sentence is fixed by law F2or falls to be imposed under section 2(2), 3(2) or 4(2) of the Crime (Sentences) Act 1997) is of the opinion that the supervision of the offender F3. . . is desirable in the interests of—

(a)

securing the rehabilitation of the offender; or

(b)

protecting the public from harm from him or preventing the commission by him of further offences,

the court may make a probation order, that is to say, an order requiring him to be under F4supervision for a period specified in the order of not less than six months nor more than three years.

F5. . .

(2)

A probation order shall specify the petty sessions area in which the offender resides or will reside; and the offender shall, subject to paragraph 12 of Schedule 2 to the Criminal Justice Act 1991 (offenders who change their residence), be required to be under the supervision of

F6(a)

a probation officer appointed for or assigned to that area; or

(b)

where the offender is under the age of 18 years when the order is made, a member of a youth offending team established by a local authority specified in the order.

F7(2A)

The local authority specified as mentioned in subsection (2)(b) above shall be the local authority within whose area it appears to the court that the offender resides or will reside.

(3)

Before making a probation order, the court shall explain to the offender in ordinary language—

(a)

the effect of the order (including any additional requirements proposed to be included in the order in accordance with section 3 below);

(b)

the consequences which may follow under Schedule 2 to the Criminal Justice Act 1991 if he fails to comply with any of the requirements of the order; and

(c)

that the court has under that Schedule power to review the order on the application either of the offender or of the supervising officer,

F8. . .

(4)

The court by which a probation order is made shall forthwith give copies of the order to a probation officer assigned to the court, and he shall give a copy—

(a)

to the offender;

(b)

to F9the person responsible for the offender’s supervision; and

(c)

to the person in charge of any institution in which the offender is required by the order to reside.

F10(4A)

In the case of an offender under the age of 18 years, the reference in subsection (4) above to a probation officer includes a reference to a member of a youth offending team.

(5)

The court by which such an order is made shall also, except where it itself acts for the petty sessions area specified in the order, send to the clerk to the justices for that area—

(a)

a copy of the order; and

(b)

such documents and information relating to the case as it considers likely to be of assistance to a court acting for that area in the exercise of its functions in relation to the order.

(6)

An offender in respect of whom a probation order is made shall keep in touch with F11the person responsible for his supervision in accordance with such instructions as he may from time to time be given by F11that person and shall notify him of any change of address.

(7)

The Secretary of State may by order direct that subsection (1) above shall be amended by substituting, for the minimum or maximum period specified in that subsection as originally enacted or as previously amended under this subsection, such period as may be specified in the order.

(8)

An order under subsection (7) above may make in paragraph 13(2)(a)(i) of Schedule 2 to the Criminal Justice Act 1991 any amendment which the Secretary of State thinks necessary in consequence of any substitution made by the order.