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Probation Order Essay

559 Words3 Pages

d. Probation Order This option is frequently used by the Magistrates’ court, in circumstances where the offence is trivial or the character of the offender or nominal punishment is sufficient. A probation order places obligations on the offender, which in turn protects the public from harm from the offender and prevent the offender from the commission of any further offences. St. Kitts and Nevis The court can make a probation order once the charge has been proven; magistrates have to take into account the following- a. the character, antecedents, age, health, or mental condition of the offender; b. the trivial nature of the offence; c. the extenuating circumstances under which the offence was committed; d. whether it is inexpedient to inflict …show more content…

Where a probation order is to be exercised, the offender must maintain good behaviour during the entire probation period . The Magistrate also has the power to dismiss the information or charge, though it has been proven . Though legislation has not made mention of this, Magistrates should obtain a report, known as a social inquiry report, about the circumstances and the offender 's character before granting a probation order to the …show more content…

The court is required to explain to the offender in ordinary language the effect of the order and if the offenders fails to comply or commits an offence he or she would be liable for the original offence . A probation order can only be granted for a period of one year and the probation order shall require the offender to be supervised by an appointed probation officer . Probation Orders are guided by ss1156-1173 Criminal Code Cap

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