The commissioner of statute revision is authorised by the acts repub lication act, 1967, to make textual alterations of various kinds to an act in preparing it for reprint. Limited number of probation officers recruited and inadequate training. The probation of offenders act, in sections 42 and 62, lays down that report of the probation officer is considered before awarding probation. Further provisions where court makes probation order.
This act may be cited as the probation of offenders shorttitle. An act to amend the probation of offenders act enacted by the parliament of mauritius as follows 1. But, the courts generally have shown scant regard for the presentence report of the probation officer because of lack of faith in integrity and trustworthiness of the probation officers. An act to provide for the release of offenders on probation or after due admonition and for matters connected therewith. In the application of this act to ireland lord lieutenant shall be substituted for secretary of state, and each division of the police district of dublin metropolis shall be deemed to be a petty sessional division. This act may be called the probation of offenders act, 1958. As per section 19, in the states where probation of offenders act is enacted, section 360 of crpc shall cease to apply.
This act may be cited as the juvenile offenders act 2. An act to amend the probation of offenders act cap184 year of act. Privacy statement accessibility european legislation identifier pdf open data license. Thus, it is clear that section 4 of probation of offenders act has overriding effect. In this act child means a person under the age of fourteen years. The implementation of provisions laid down in the probation of offenders act, 1958, has proved to be difficult for the following reasons. Probation of offenders amendment act, 2014 seychelles.
The offenders probation and parole act of 1959 8 eliz. An act to amend the probation of offenders act cap184. The purpose behind the enactment of this act is to top. In pakistan assessment and recommendations for reform contents 1. Offenders probation act, 19 this act is reprinted pursuant to the acts republication act, 1967, and incorporates all amendments in force as at 19 august 1985. Probation of offenders act singapore statutes online. Oct 17, 2014 probation of offenders amendment act, 2014. At birminaham, however, a separate court for the trail of teenage criminals was established earlier in 1905.
In this actprobationer means a person placed under supervision by a probation order. Probation of offenders act national assembly of zambia. The probation service was founded by the probation of offenders act in 1907, and england and wales could celebrate a whole century with the probation service in 2007. Probation of offenders act ministry of justice government. Power of courts to permit conditional release of offenders. A critical study of probation of offenders act, 1958. The probation of offenders act, 1958 is intended to reform the amateur offenders by providing rehabilitation in society and to prevent the conversion of youthful offenders into obdurate criminals under environmental influence by keeping them in jails along with hardened criminals. Section 61 of the probation of offenders act provides that when a person below 21 years of age is found guilty of an offence which is punishable with imprisonment but not imprisonment for life, the court shall not normally sentence him to imprisonment unless for reasons to be recorded. The probation of offenders act, 1958 which he enters into the bond. The 10 most important salient features of the probation of offenders act, 1958 are listed below. It is a kind of noncustodial sentence, where the person is released so that he can associate with the people in society and lead a normal life. In this act, unless the context otherwise requires. Power of court to release certain offenders after admonition. This act may be cited as the probation of offenders act.
How has the main purpose of the probation service changed since 1907. Be it enacted by parliament in the ninth year of the republic of india as follows. An act to permit the release on probation of offenders a. The act shall in relation to juveniles apply subject to the provisions of the juvenile offenders act. Interpretation in this act principal act means the probation of offenders act. Aug 21, 2014 the probation of offenders act, 1958 contains elaborate provisions relating to probation of offenders, which are made applicable throughout the country. This paper deals with the law of probation under the criminal procedure code and the probation of offenders act. In this actn oprobation ordero means an order made under this act placing a person under the supervision of a welfare officer.
State of bihar, it was held that the probation of offenders act provides for the release of offenders on probation or after due admonition and for matters connected therewith. Probation of offenders act chapter 64 revised edition 2018 1981 published by the national council for law reporting with the authority of the attorneygeneral. The probation of offenders act, 1958 indian kanoon. Aug 19, 2018 the probation of offenders act 1958 in 1958 the legislature enacted the probation of offenders act, which lays down for probation officers to be appointed who would be responsible to give a presentence report to the magistrate and also supervise the accused during the period of his probation. Central government act the probation of offenders act, 1958 act no. Probation is governed by the provisions of probation of offenders act, 1958. The probation service changed since 1907 criminology essay. Section 11 of the probation of offenders act, 1958 widens the scope of probation by adding an enabling provision regarding the competence of the courts to make order under the act in appeal and revision and powers of the appellate and revisional courts in this regard.
Laws the probation of offenders act 7 of 1955, 23 of 1961. R mahalingam vs g padmavathi and another supreme court of india, 1978lwcrl182 held calling for report from probation officer. When any person is found guilty of having committed an offence punishable under section 379 or. Oct 16, 2015 the probation of offenders act, 1958 1. This act may be cited as the probation of offenders act and shall apply to such areas, and from such date.
The probation of offenders act ministry of justice. Short title this act may be cited as the probation of offenders amendment act 2009. The act provides four different modes of dealing with youthful and other offenders in lieu of sentence, subject to certain conditions. This is where the concept of probation becomes important.
Probation of offenders act chapter 120 revised edition 2000 showing the law as at 31st december, 2000 this is a revised edition of the law, prepared by the law revision commissioner under the authority of the law revision act, chapter 3 of the laws of belize, revised edition 1980 1990. Probation of offenders act, 1907 irish statute book. The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. As the sole administrator of community corrections in kenya, probation and aftercare service derives its main mandate from the probation of offenders act, cap 64 and the community services orders act, no. Power of court to permit conditional release of offenders. An act of parliament to provide for the probation of offenders. The probation of offenders act, 1958 contains elaborate provisions relating to probation of offenders, which are made applicable throughout the country. Probation of offenders act, 1958 is an act which aims to provide release of offenders after due admonition in all the suitable cases where an offender is not found guilty of an offence not punishable with death or imprisonment for life. Nov 21, 2017 the video is a complete capsule for both pt and mains.
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