5.—(1) Where a court by or before which a person is convicted of an offence (not being an offence the sentence for which is fixed by law) is of the opinion that having regard to the circumstances, including the nature of the offence and the character of the offender, it is expedient to do so, the court may, instead of sentencing him, make a probation order, that is to say, an order requiring him to be under the supervision of a probation officer or a volunteer probation officer for a period to be specified in the order of not less than 6 months nor more than 3 years:
Provided that where a person is convicted of an offence for which a specified minimum sentence or mandatory minimum sentence of imprisonment or fine or caning is prescribed by law, the court may make a probation order if the person —
(a)
has attained the age of 16 years but has not attained the age of 21 years at the time of his conviction; and
(b)
has not been previously convicted of any such offence referred to in this proviso, and for this purpose section 11(1) shall not apply to any such previous conviction.
[47/75]
[7/89 wef 01/04/1989]
[37/93 wef 06/12/1993]
(2) A probation order may in addition require the offender to comply during the whole or any part of the probation period with such 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 by him of the same offence or the commission of other offences:
Provided that (without prejudice to the power of the court to make an order under section 10(2)) the payment of sums by way of damages for injury or compensation for loss shall not be included among the requirements of a probation order.
(3) Without prejudice to the generality of subsection (2), a probation order may include —
(a)
requirements relating to the residence of the offender; or
(b)
a requirement that the offender performs such unpaid community service under the supervision of a community service officer.
[15/2010 wef 02/01/2011]
(3A) Before making a probation order containing any such requirements referred to in subsection (3)(a), the court shall consider the home surroundings of the offender; and where the order requires the offender to reside in an approved institution, the name of the institution and the period for which he is so required to reside shall be specified in the order, and that period shall not extend beyond 12 months from the date of the order.
[15/2010 wef 02/01/2011]
(3B) A court shall only include the requirement referred to in subsection (3)(b) if it is satisfied that —
(a)
based on the mental and physical condition of the offender, the offender is a suitable person to perform community service of a type which is specified in the Fifth Schedule to the Criminal Procedure Code 2010; and
(b)
suitable arrangements can be made for him to perform such community service.
[15/2010 wef 02/01/2011]
(3C) A court must, before including the requirement referred to in subsection (3)(b), call for a report from a community service officer regarding the suitability of the offender to perform community service.
[15/2010 wef 02/01/2011]
(3D) The number of hours which an offender has to perform community service shall be specified in the probation order and shall not exceed the prescribed maximum hours of community service which an offender may be required to perform community service under a community service order referred to in section 346 of the Criminal Procedure Code 2010.
[15/2010 wef 02/01/2011]
(3E) If a probation order in relation to an offender requires an offender to perform community service, it shall also be a requirement of the probation order that the offender complies with the obligations referred to in section 347 of the Criminal Procedure Code 2010 as if he were a person in respect of whom a community service order is made under section 346 of that Code.
[15/2010 wef 02/01/2011]
(4) Before making a probation order, the court shall explain to the offender in ordinary language the effect of the order (including any additional requirements proposed to be inserted therein under subsection (2) or (3)) and that if he fails to comply therewith or commits another offence he will be liable to be sentenced for the original offence; and if the offender is not less than 14 years of age the court shall not make the order unless he expresses his willingness to comply with the requirements thereof.
(5) [Deleted by Act 7 of 1989 wef 01/04/1989]
(6) Where a woman or girl is placed under the supervision of a probation officer or volunteer probation officer, the probation officer or volunteer probation officer, as the case may be, shall be a woman.
[47/75]
(7) The court by which a probation order is made under this section shall forthwith give copies of the order to the Chief Probation Officer who shall give a copy thereof to —
(a)
the probationer;
(b)
the probation officer or volunteer probation officer who is to be responsible for the supervision of the probationer; and
(c)
the person in charge of any institution in which the probationer is required by the order to reside.
