Offenders Probation Act 1913 (SA)

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SOUTH AUSTRALIA
OFFENDERS PROBATION ACT, 1913

This Act is reprinted pursuant to the Acts Republication Act, 1967, and incorporates all amendments in force as at 19 August 1985.

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. These alterations do not affect the substantive law; they are designed to bring the form and language of the Act into conformity with contemporary standards of good draJing (so far as that object can be achieved without risk of semantic change).

Victoria Square, Adelaide.
A report has been prepared containing a comprehensive list of the textual alterations made under the Acts Republication Act, 1967, in the preparation of this reprint. Copies of the report are available, on request, from the office of the Commissioner of Statute Revision, 11th Floor, S.G.I.C. Building,

. .

I I	Offenders Probation Act, 1913

SUMMARY OF PROVISIONS

Section
Short title
Interprelation
Provisions relating to administration
Delegation by the Permanent Head
Conditional discharge of offenders
Probation orders and conditions of recognizance
Condition relating to reporting to probation centre or community senice centre within 2
working days
Special provisions relating to community service
Insurance cover to be provided by Minister
Advisory committee and community service committees
Minister shall assign a probation officer or community senice officer to each probationer
Probation officer or communitv s e ~ c e officer may dve reasonable directions to proba-

tioners ~ ~~
Duty of members of the police force
Power to revoke or vary a condition of a recognizance or to dixhargr rrrognrrance

Action that may be taken uhere probatloner fails to observe cond~tions of recognizance
Proof of probation order or recognizance
Regulations
Immunity from liability
Preservation of powers conferred by other Acts or laws
OFFENDERS PROBATION ACT, 1913
being

Otfenden Probation Act, 1913. No. 1121 of 1913 [Assented to 11 k m b e r 19131
as amended by

Statute Law Revision Acl, 1934, No. 2168 of 1934 [Assented to I5 November 19341;
Oflenden Robstion An Amendment A a 1945. No. 25 of 1945 [Assented to 20 December 19451;
Oflenden Probation Act Amendment Act, 1951, No. 29 of 1951 [Assenfed to 22 November 19511;
Wenden Robation Act Amendment Act, 1953, No. 15 of 1953 [Assented to 5 November 19531;
Offenden Robation Act Amendment Act, 1963, No. 19 of 1963 [Assented to 7 November 19631;
Wendm Rabation Act Amendment Act, 1969, No. 79 of 1969 [Assented to 11 December 19691';
Offeoders Robation An Amendment An (No. 2). 1969, No. 95 of 1969 [Asgented to 11 December 19691;
Juvenile Courts Aer 1971. No. 69 of 1971 IAwnted to 4 November 19711':

Offenden Rabatio" An ~mendmenl Act, i971, NO. 85 of 1971 [Asgentedio 25 November 19711';
Offenden Robation An Amendment Act, 1981, No. 53 of 1981 [Assented to 25 June 19811? Oflenden Probation Act Amendment Act, 1982, No. 51 of 1982 [Assenfed to 21 Jane 19821'; Statutes Amendment (Bail) Acf 1985. No. 6 of 1985 [Assenfed to 7 March 198516.
An Act to permit the release on probation of offenders in certain cases, and
for other matters incidental thereto.
BE IT ENACTED by the Governor of the State of South Australia, with
the advice and consent of the Parliament thereof, as follows:

1. This Act may be cited as the "Offenders Probation Act, 1913". shon tillc

2. In this Act, unless a contrary intention clearly appears- tnmmmtion.
"community service centre" means any premises declared to be a M . W ~ Y

community senice centre under this Act: 5% 1981, s.3 (~1.

"community service officer" means a probation officer holding, or g , ~ ~ z ~ acting in, the ofice of community service officer:

' 4 court" means- M. ~ l m d d by

19,1961 r 3 ( k .
uhrtlhaaa by 79.

(a) the Supreme Court or a Judge of the Supreme Court; 1969. & 3.

(b) a District Criminal Court as defined by section 4 (3) of the
Local and District Criminai Courts Act, 1926;

(c) a court of summary jurisdiction,
before which or before whom a person is charged with an offence:

' Came into operation 31 August 1970: Gaz. 20 August 1970, p. 696.

2 SJ. 1-5. 17-24 came into operation 23 December 1971: Gaz. 23 December 1971, p. 26M, remainder of An m e
into o p t i o n I July 1972: Gaz. 29 June 1972, p. 2690.

' Came into operation 25 May 1972: Gor 25 May 1972, p. 2031.

4 Came into operation 29 March 1982: Goz. 25 ~ a r e h 1982, p. 864.
Came into operation 19 August 1985: Gaz. 8 August 1985, p. 334.
Came into operation 7 July 1985: Go2 9 May 1985, p. 1398.

2 Offenders Probation Act. 1913
"court of summary jurisdiction" means a court constituted of one or more justices having jurisdiction to try persons charged with offences punishable on summary conviction, including (but with- out limiting the meaning of this definition) cases where such jurisdiction exists only with the consent of the person charged:

&I. ~ r - w i r ~ ~ o r *	* * * * * * * ' * *
*launed* by 53,

1981. $ 3 (bk

"justice"

means a justice of the peace for the State of South Australia,

a*	b7 51.

19s~.

,. 3 (.).

and includes a magistrate:

nr . or	*	*	*	*	*	*	*	x	*	*
*MiittP
rrprld by 53,

1981. % 3 (c).	"offence"	includes-
m.	*( s ) ~m~aded*	*(a)* any indictable offence other than murder or treason;

by 53.1981, r	3
(d).	(b) any offence punishable on summary conviction:
ar . h e e d by	"the Permanent Head" means the person holding or acting in the
51. 1982 a. 3 (b).	office of permanent head of the Department of Correctional Services:

"probationer" means any person with respect to whom a probation
order is made:

at. h m a	br	"probation hostel" means any premises declared to be a probation
53. 1981. ..	3 (a).	hostel under this Act:

"probation officer" means an officer of the Department of Correc-

D

~

w

C

by

53, 1981. % 3 (d.

tional Services holding, or acting in, the office of probation
officer:

nr . u~xled

by

"probation order" means an order made under section 4 for the

53. 1981, e-3 (0.

conditional discharge of an offender or for the conditional sus-
pension of a sentence of imprisonment:

nr . ~6	by	"probative court" means any court before which a probationer is
19. I%% % 3 53. 1981. - 3 O_	lbk	bound by his recognizance under this Act:

t k L d % A d "

*

rr*	by 5 1

1981, %3(h).

ml.

m by

"working day" means any day other than a Saturday, Sunday or

53, 1981. r

3 (b).

public holiday.

Rovirianr	3a. (1) The Minister may, by notice published in the *Gazette,* declare
nbting to
adminlmauon.	any premises to be-

s . j ,mb,

5 1 1981. S

.

4.

(a)

a community service centre;

or
(b) a probation hostel,
for the purposes of this Act.
(2) The Minister may, by further notice published in the Gazette, revoke or vary any declaration under this section.
(3) The Minister may establish such other facilities as he thinks nec- essary or desirable for the proper administration of this Act.
I S. 3 omitted pursuant to tbe ARr Republication Act, 1967, s. 7 (2).
Offenders Probation Act, 1913

(4) All community service centres, probation hostels and other facilities established under this section shall be under the control of the Minister.
(5) The Minister shall promote the use of volunteers in the adminis- tration of this Act to such extent as he thinks appropriate.

3b. (1) The Permanent Head may, by instrument in writing, delegate a l c g a t i a n b ~ ~ l ~ P e m e n t Head.

to any officer of the Department of Correctional Services any of his powers, 3b

53,1981, r 4.

functions or duties under this Act. s n k (3)
d e d by 51.
1982 r 4 (4.

(2) A delegation under this section is revocable at will, and does not sn-(i) &by 51.
prevent the exercise or performance by the Permanent Head of any power, 198Ls4(b).
function or duty so delegated.

(1) Where a person is charged before a court of summary jurisdiction with an offence punishable by such a court and the court thinks that the ~rnnd~, . conditional d i s h a m of

U.K. I Edv. 7.
charge is proved, but is of the opinion that, having regard to- c. 17. r. I .

""8 ,**, ~ *
4.

,"".. . . -.

(a) the character, antecedents, age, health or mental condition of the z ~ ~ 2 ~ ~

person charged; 1953, =.3 (1).

(b) the trivial nature of the offence;
or
(c) the extenuating circumstances under which the offence was com-
mitted,

it is expedient to exercise any of the powers conferred by this subsection,
the court may-

(4 without convicting the person, dismiss the information or com- plaint;
(e) having convicted the person, discharge him without penalty;

fl

without convicting, or having convicted, the person, discharge him upon condition that he enters into a recognizance, with or without sureties-
(i) to be of good behaviour;
and
(ii) to appear before a court of summary jurisdiction for ~%g;)~ conviction and sentence, or for sentence, if he fails, 1 9 7 1 . ~ 3 ( . ~

during the term of the recognizance, to observe any of
its conditions.

(la) Where, in relation to an offence with which he was charged, a * s e ; ) 1 9 ,
probationer is bound by his recognizance under this Act to appear, when 1961.~.4(*).
called upon, before a court of summary jurisdiction for conviction and
sentence, or for sentence, as the case may be, he shall, for the purposes of
this Act, be deemed to be bound to appear, when called upon, before any
court of summary jurisdiction so constituted that the court would, as so
constituted, have had jurisdiction to hear and determine in a summary way
the charge in respect of that offence.

(2) Where a person has been convicted, by a court other than a court of summary jurisdiction, of an offence punishable by imprisonment and the

1%3. -4 c b ~
court is of the opinion that, having regard to-

(a) the character, antecedents, age, health or mental condition of the
convicted person;

4 Offenders Probation Act, 1913
(b) the trivial nature of the offence;
or
(c) the extenuating circumstances under which the offence was com-
mitted,

it is inexpedient to inflict any punishment, or any other than a nominal punishment, or it is expedient to release the convicted person on probation, the court may, instead of imposing a sentence of imprisonment, make an order discharging him upon condition that he enters into a recognizance, with or without sureties-
(d) to be of good behaviour;
and

*Rrr* (r) d e d	(e) to appear before the Supreme Court or a judge of the Supreme
by 79. 1969. r 4

(.);	*as,* 1971, .	. 3	Court, or before a District Criminal Court, as the case may
(bk	require, for sentence, if he fails, during the term of the recog- nizance, to observe any of its conditions.

**bas (24***	(2a) Where a person has been convicted of an offence punishable by imprisonment and the court is of the opinion that, having regard to-
*uoaledh85.**	Kt!.?
1971. % 3 (<h

(a) the character, antecedents, age, health or mental condition of the
convicted person;
(b) the trivial nature of the offence;
or
(c) any other extenuating circumstances,
it is expedient to exercise the powers conferred upon the court by this subsection, the court may impose a sentence of imprisonment upon the convicted person but suspend the sentence upon condition that the convicted person enters into, and observes the terms and conditions of, a recognizance to be of good behaviour for the term of the recognizance.
(2b) If a person upon whom a suspended sentence of imprisonment

the sentence of imprisonment shall, at the expiration of that term, be wholly
extinguished.

*s.bwr*	(zb)
=:{z	has been imposed pursuant to subsection (2a) does not, during the term of the recognizance, fail to observe any term or condition of the recognizance,

s m h

m)

(2c) Subject to subsection (2d), the term of a recognizance under this

A w 5 1 .	section shall be a term, not exceeding 3 years, fixed by the court.
1981, r 5 (a).
*s.buc* (zo

%??Zd8:

bwtedha.

(2d) Where, pursuant to section 5, the court includes in a recognizance

IWI.

,s

csb

a condition requiring the probationer to undertake community senice, the
term of the recognizance fixed by the court shall not exceed 1 year.

*h	(3)	(3) The court may, in addition to any order made under subsection (I),
d	4

19. fWr4(c);79. (2) or @a), order the probationer to pay such damages for injury or com-

:%::8g8 pensation for loss (not exceeding, in the case of a court of summary juris-

1971. r6	(2)
*(w.).*	diction, $400 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.

at-	(4)	(4) An order under subsection (3) may (unless a condition requiring by the probationer) be enforced by any justice in the same manner as orders for the payment of money made by justices upon summary conviction are
-	4	*69,*
ml,	(2)	compliance with the order has been included in a recognizance entered into

.

)

3

5

?

%

!

Offenders Probation Act, 1913
enforceable, and the court may, if it thinks fit, require the probationer to give security for the observance of the order and may make the discharge of the probationer conditional upon such security being given.

(5) Where an order is made under subsection (1) without conviction of a&. (5)

amdM by 1 5

the person charged, the order shall, for the purpose of revesting or restoring 1% ~ 3 ~ 2 ) .

stolen property, or of enabling the court to make orders for the restitution or delivery of property to the owner and for the payment of money upon, or in connection with, such restitution or delivery, have the same effect as a conviction.

(1) A recognizance under section 4 may include such of the following conditions as the court thinks appropriate: orden
5.

and rondttcan~ or
rccog"l2mcc
U K 7 E d w 7

(a) a condition requiring the probationer to be under the supervision ;:z of a probation officer for a specified period of time, and to e2$z5 obey the lawful directions of the probation officer; rub.illmlad br 53.
1981. r 6 (a1
(b) a condition requiring the probationer to reside with a specified person or in a specified probation hostel or other specified place;

(c) a condition requiring the probationer not to reside with a specified
person or in a specified place or area;

(d) a condition requiring the probationer to undergo medical or psy- chiatric treatment in accordance with the terms of the recog- nizance;
(e) a condition requiring the probationer to undertake a specified number of hours of community service, being not less than 40 nor more than 240, and to obey the lawful directions of the community service officer to whom he is assigned;

0 a condition requiring the probationer to abstain from drugs of a
specified class or from alcohol;

(g) a condition requiring the probationer to comply with an order
made by the court under section 4 (3);

or

(h) any other condition that the court thinks necessary or desirable.

(la) A court shall not include in the same recognizance conditions under both subsection (1) (a) and (e).

1981, r 6 (4.

(lb) A court shall not include in a recognizance a condition under h s ~ c c , ~ ) W h Y

subsection (1) (6) unless it is satisfied that accommodation for the proba- 3-1 , rs (ah
tioner is available with the person, or at the probation hostel or other place,
speciiied in the recognizance.

(Ic) A court shall not include in a recognizance a condition under *(I,) - hu.

subsection (1) (4 unless it is satisfied that treatment of the nature specified 1981, ,s (.,
in the recognizance has been recommended for the probationer by a legally
qualified medical practitioner and is available to the probationer.
(Id) A court shall not include in a recognizance a condition under =gb,

subsection (1) (e) unless it is satisfied, upon a report of a probation officer, ,psl . ,~(,h

that there is, or will be within a reasonable period of time, a placement for the probationer at a community S e ~ c t t centre reasonably accessible to him and that the community service likely to be undertaken by the probationer is appropriate for him.

6 Offenders Probation Act, 1913

sum. (10)
invned by 53.	(le) A court making a probation order shall not specify a number of hours of community service to be undertaken by a probationer who is already undertaking, or liable to undertake, community service pursuant to a previous recognizance, where the aggregate of that number and the number of hours specified in the previous recognizance would exceed 240.
198l.s.6(8).
subs=. (2)	(2) The court by which a probation order is made, or by which the probationer with a notice in writing stating in simple language the conditions he is required to observe, and shall satisfy itself that the probationer under- stands those conditions, the nature of the requirements that may lawfully be made of him by virtue of those conditions and the implications of failing to comply with his recognizance.
u a a d d by	19.

I%,.

s . 5 ~

5% conditions of a probationer's recognizance are varied, shall furnish the

1981, s.6 (b).

sv*.

(3) (3) A court, upon making a probation order or an order varying the

m d e d by 19.

1963. ,.s t r .	conditions of a probationer's recognizance, shall forthwith furnish the Min- ister with a copy of the order.
Condiiion rele~ing
to mponing to	5a. Where a court includes in a recognizance a condition requiring the
probation centre	probationer to be under the supervision of a probation officer or a condition
or community
~ n i m m t r e
vilhi" 2 woiXing	requiring the probationer to undertake community service, the court shall
days.	also include in the recognizance a condition requiring the probationer to
*s. 5p*	i m n e d by

53,

,?.

report to a specified place within 2 working days after the day on which the probation order is made, unless, within that period, the probationer receives a notice in accordance with section 6.

I	5b. (1) Where a court includes a condition in a recognizance requiring
mlating I0
JPWlN.	the probationer to undertake community service, the following provisions

s.sa

,,id

by shall apply:

53. 1981. s.7.

(a) the probationer shall be required to perform community service
work for 8 hours each Saturday or on such other day as the
community service officer to whom he is assigned may direct;
(b) the probationer shall be required to attend at a community service centre or other place for 2 hours in the evening of one working day in each week in accordance with the directions of the community service officer or on such other day or at such other time as the community service officer may direct;

Pnre

(c) *mPnded (c) the probationer shall, during the 2 hour period referred to in

by 51. 1962.

s5(e).

paragraph (b), be required to undertake, or participate in, courses
of instruction arranged by the Permanent Head;

and

(d) one hour of the 8 hour period referred to in paragraph (a) shall
be allocated as a lunch break.

(2) Notwithstanding subsection (I), a probationer shall not be required to perform community service work or attend a community.service centre-
(a) at a time that would interfere with his gainfid employment or with a course of training or instruction relating to, or likely to assist him in obtaining, gainful employment;
or
(b) at a time that would cause him to offend against a rule of a
religion that he practises.

(3) A probationer is not entitled to any remuneration for community service work performed by him under his recognizance.

Offenders Probation Act. 1913 7

(4) Where the Permanent Head is of the opinion- that a probationer has =j~~ 51,

failed to obey a reasonable direction given to him by his community service I%Zs.S(b).
officer in relation to his conduct or behaviour while undertaking community
service, the Permanent Head may, instead of commencing proceedings for
breach of recognizance, require the probationer, by notice in writing served
personally upon him, to perform a number of additional hours of commu-
nity service work during the term of his recognizance, and any such hours
shall, for the purposes of this Act, be deemed to be hours that were specified
by the court in the conditions of the recognizance.
(5) The Permanent Head shall not exercise his powers under subsection %dg

(4) so as to require a probationer to work more than 24 additional hours of 1ssz ~ s w .
community service work during the term of his recognizance.

(6) The Permanent Head may exercise his powers under subsection (4) h k ( 6 ) d n l by 51.

notwithstanding that the limit of 240 hours specified in section 5 (1) (e) and 19sz s.s(dL
(le) would thereby be exceeded.

(7) Where the Permanent Head is of the opinion that a probationer has failed to observe the condition of his recognizance requiring him to under-

seb . tn

d n l by 51.
1 9 8 f r 5 ( ~ 1 .

take community service, he may, by notice in writing served personally or by post upon the probationer, suspend the operation of that condition until the probative court has heard and determined proceedings for breach of the recognizance.

5c. (1) The Minister shall provide insurance, upon such terms and I~~~~~~~~~~ lo h pmvadcd by

conditions as he thinks fit, for probationers in respect of death or injury Mini#$?.

arising out of, or occurring in the course of, community service undertaken $,SEzs.br pursuant to recognizances.

(2) The Minister shall provide insurance, upon such terms and condi- tions as he thinks fit, for persons appointed as voluntary supervisors of probationers undertaking community service pursuant to recognizances in respect of death or injury arising out of, or occurring in the course of, carrying out their duties as supervisors.

(3) The cost of providing insurance cover under this section shall be borne by the Crown.

5d. (1) The Minister shall establish a community service advisory com- Adriroly mmmnfcc and

mittee consisting of not less than 3, nor more than 5, members, of whom- mmmunily
mi*
committcn.

(a) one shall be appointed by the Minister after consultation with the ,, -nl ,,

United Trades and Labor Council; 53. 1581. a. 7.

and

(b) one shall be a person nominated by the Permanent Head. ~n (b) u ~ a ( n l
by 51.1982,

r 6 (4 .

(2) The members of the advisory committee shall hold office upon such terms and conditions as the Minister thinks fit.
(3) The functions of the advisory committee are-

(a) to formulate guidelines for the approval of projects and tasks

suitable for community service under this Act;
and
(b) to perform such other functions as the Minister may direct.

(4) The Minister shall establish a community service committee for each community service centre.
8 Offenders Probation Act, 1913
(5) A community service committee shall consist of not less than 3,

nor more than 5, memhers, of whom-
(a) one shall be a magistrate;

(6)

one shall be appointed by the Minister after consultation with the United Trades and Labor Council;
and
(c) one shall be a person nominated by the Permanent Head.

~ s r e IC) :)~~ald
by 51. lPBZ

a 6 65). (6) The members of a community service committee shall hold ofice upon such terms and conditions as the Minister thinks fit.
(7) The functions of a community service committee are-
(a) to approve, within the guidelines formulated by the community service advisory committee, the projects and tasks to be per- formed as community service work by probationers attending the community service centre in respect of which the commit- tee was established;
(6) to keep approved projects and tasks under regular review;

(c) to monitor the performance of community service work by pro- bationers attending the centre;
and
(d) to perform such other functions as the Minister may direct.

(8) A community service committee shall not approve a project or task for community service unless-
(a) it is a project or task for the benefit of an organization that does not seek to secure a pecuniary profit for its members;
(6) it is a project or task to aid a person, or group of persons, who,
in the opinion of the committee, is or are disadvantaged through
age, illness, incapacity, poverty or any other adversity;

or
(c) it is a project or task of a Government department or instrumen- tality or of a local government authority.

(9) A community service committee shall not approve a project or task for community service work if a probationer, in undertaking that project or

task-
(a) would replace a person who is being paid to perform any work;
or
(6) would perform any work for which funds are available.

Mini*, rhsii 6. (1) The Minister shall, upon receipt of a copy of a probation order,
asim a pmbation

~ f f i ~ or and may thereafter from time to time, assign the probationer to a probation
mrnmv0,ly
- a a ~ m l o officer for supervision or to a community service officer for community
raeh pmbationn. service, as the case may require.

",, ,, ,
c. 17. -3.4.

Offenders Probation Act, 1913 9

(2) The Minister shall cause the probationer to be notified in writing of the name of the probation officer or community service officer to whom he has been assigned and of the place and time at which he must first report to that officer.
(3) It is the duty of each probation officer and community service officer to use his best endeavours to ensure that any prohationer assigned to him complies with the conditions of his recognizance.

7. (1) A probation officer to whom a probationer has been assigned for supervision may give reasonable directions to the probationer in relation to =nia a((iccr

~ o b a t i ~ ~

officar
or community
may give

the following matters: m~1nable
d i d a s to
pwbationen

(a) requiring the prohationer to report to him on a regular basis; S7..Mw

by 53. 1981. r 8.
(Z21 requiring the probationer to notify him of any change in his place
of residence or in his employment;

(c) requiring the probationer to obtain his written permission before
leaving the State for any reason;

( 4 requiring the prohationer to reside, or not to reside, in any place
or area or with any person;

(e) requiring the probationer to take up, or not to take up, any
particular employment, not to give up his employment or to
be punctual in reporting to work,

or

&I any other matter (whether pertaining to supervision or any other condition of the recognizance) authorized by the Minister, either generally or in respect of a particular case.

(2) A community service officer to whom a probationer has been assigned for community service may give reasonable directions to the pro- bationer in relation to the foilowing matters:
(a) requiring the probationer to report to a community service centre
or other place at certain times;

(b) requiring the probationer to notify him of any change in his place
of residence or in his employment;

(c) requiring the probationer to obtain his written permission before
leaving the State for any reason;

( 4 requiring the probationer to perform certain projects or tasks for
his community service work;

(e) requiring the prohationer to undertake, or participate in, courses
of instruction at a community service centre or other place;

(fl requiring the probationer to conduct himself or behave in a par-
ticular manner while undertaking community service;

or
(g) any other matter (whether pertaining to community service or
any other condition of the recognizance) authorized by the
Minister, either generally or in respect of a particular case.

7a. (1) If a member of the police force has observed, or has received % t y o r m m h of ihr plicc

a report, that a probationer has broken, or failed to observe, any condition r-
of his recognizance, that member shall forthwith take such action as is % yb.-,>
proper to ensure that the facts so observed or reported are reported to the

Permanent Head. 51, 1% s.7. 1981. r9 61 (bh
10 Offenders Probation Act. 1913
(2) The fact that a report has not been made under this section shall in no way affect the liability of any person under a recognizance.

P ~ W E I I0 revoke 8. (1) A probative court may-
or var, a
mndilion af a
mpgni2an.zz or to
divh~rpr
mognlmnce. s.8 rvbtimlrd
by 19. 1%3. r. 6.
Pm.

(a) amended (a) on application by the Minister or a person authorized by him in that behalf or on the application of the probationer concerned, by order, revoke or vary any condition of a probationer's recognizance;
by 53. IPBI.
,. 10 (*).
or

Psra (b) smendd.

by 53. 1981.

(6) on application by a probationer and on being satisfied that the probationer's conduct has been such as to make it unnecessary that he should be subject to a recognizance any longer, by order, discharge the recognizance.
$. #o(b).
(2) No order shall be made under subsection (1) unless-
(a) in the case of an application by the Minister or a person author- ized by him in that behalf, the probationer has received rea- sonable notice of the application and has been given a reasonable opportunity, in person or by counsel or solicitor, of calling such evidence and making such representations to the court as the court considers relevant to the application;
or
(b) in the case of an application by the probationer, the Minister has received reasonable notice of the application and the Minister, or a person authorized by hi in that behalf, has been given a reasonable opportunity of calling such evidence and making such representations to the court as the court considers relevant to the application.

Sbwr. 0) iow*d by 53. (3) Where the Minister is satisfied that the conduct of a probationer be under supervision any longer and that it would not be in the best interests of the probationer for him to remain under supervision, the Minister may, by instrument in writing, waive the obligation of the probationer to comply

8 . 0 under supervision has been such as to make it unnecessary that he should

any further with the condition of his recognizance requiring him to be subject to supervision.
A~li0"

that may 9. (1) If a court is satisfied, by complaint or information on oath, that
te taken whew
pmbdti."~, fail$

to obrewe a probationer has failed to observe any of the conditions of his recognizance,
eondifi?ns of
magn,zana. the court may-
S.9 sobtibfed

by 19. 1%3. s. 7. (a) issue a warrant for the probationer's apprehension;

(b) if it thinks fit, issue a summons or summonses to the probationer or to the probationer and his sureties, if any, as the case may be, requiring him or requiring him and them, as the case requires, to attend at such place and at such time as is specified in the summons or summonses.

Offenders Probation Act, 1913 11

(2) The probationer, when apprehended, shall, if not brought forthwith

before a probative court, be brought forthwith before a court of summary
jurisdiction.

(3) The court before which a probationer is brought on apprehension or before which a probationer appears in answer to the summons may, if it is not a probative court, remand him in custody or on bail until he can be brought before a probative court.

(4) A probative court, on being satisfied that a probationer has failed SM. (P)
auktiloled by 9%

to observe any condition of his recognizance, may estreat the recognizance 1%9.%3; amended by 53.
in such amount as the court thinks fit and- 1981. s. II (8).
(a) if the probationer has not been sentenced for the original offence, may forthwith, without further proof of his guilt, sentence him for that offence or, if he has not already been convicted of the offence, convict and sentence him for that offence;
or

(b) if the probationer has been sentenced for the original offence and t.~. o
by 53. 1981.

the sentence has been suspended, shall, subject to subsection L ~ t ( b ) .

(3, forthwith order that the suspension be revoked and the
sentence carried into effect.

(5) Where a probationer is subject to a suspended sentence and the SI-(S) rndd by 79.

probative court is satisfied that the failure of the probationer to observe the ; % A ~ % ~ ~ ~ ,

conditions of his recognizance is trivial or that there are proper grounds ~ n l . ~ s ( z ) (Sbed.X i~ornrd
upon which the failure should be excused, the court- by 53.1981.

r l l (4.
(a) may refrain from ordering that the sentence be carried into effect;
and

(b) may extend the term of the recognizance by a period not exceeding
one year.

(6) Where a probative court orders that a suspended sentence be carried into effect, the court-

s3,
1981, #. 11 (EL

(a) may, if it considers that there are special circumstances justifying
it in so doing, reduce the term of the suspended sentence;

(b)

may direct that time spent by the probationer in custody pending determination of the proceedings for breach of recognizance be counted as part of the term of the suspended sentence;

or
(c) may direct that the suspended sentence be cumulative upon any
other sentence, or sentences, of imprisonment then being served,
or to be served, by the probationer.

(7) Notwithstanding the provisions of this section, where a probationer

is found guilty of an offence by a court of a superior jurisdiction to that of 1981, ,.zI(c).
the probative court, that first mentioned court may hear and determine the
proceedings for breach of recognizance and, subject to subsection (8), shall
for that purpose have all the powers of a probative court under this section.

for the original offence, the court may not impose any sentence that the I ~ ~ I . ~ I I ( c ) . (8) Where, pursuant to subsection (7), a court sentences a probationer %tijA
probative court could not have imposed.

(9) Any amount payable upon estreatment of a recognizance shall be a h ( 9 ) h a a e d b, 53,

recoverable as a fine. lW1, % I1 (Ch
12 Offenders Probation Act, 1913

S.W. (10) (10) In this section-

IwM by 53.
1981. *. 11 (+.
"court of a superior jurisdiction" means-

(a) where the probative court is a court of summary jurisdic-

tion-the Supreme Court or a District Criminal Court;
and
(b) where the probative court is a District Criminal Court-
the Supreme Court.

P W ~ o( 9a. An apparently genuine document purporting to be a probation order
pmbalio", order

. or a recognizance under this Act, or a copy of such an order or recognizance,

f by shall be accepted in any court as evidence of the order or recognizance and
of its terms and conditions.

~ ~ ~ l a

10. The Governor may make any regulations which may be necessary or convenient for carrying out, or giving effect to, the provisions or objects of this Act, including regulations prescribing such matters as are incidental to-

~

i

~

~

~

Pant. (.) nwed * * * * * * * * * *
by 53.1981.
a. 12 (.I.
(b) the duties of probation officers;

(c) the reports of probation officers to the Minister.

Lmmunily *om

liability. 11. (1) No civil liability shall attach to a probation officer or commu-

s,ll nity service officer for any act or omission by him in good faith and in the
2168 1934 s.6

, . ,. exercise of his powers, or the discharge of his duties, under this Act.
,. ~,

1%3. n. 8;

-led by 69.

1971. s.6(2) (2) A liability that would, but for subsection (I), attach to a probation
iy!Ffie$. officer or community service officer shall attach to the Crown.
Pmsrvation o l

pnwen eonfern 12. Nothing in this Act shall be construed as taking away or in any
by olhn Aels or

I_% way derogating from, or diminishing, any power or jurisdiction conferred
by any other Act or law upon any court or any person acting judicially.

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Citations

Offenders Probation Act 1913 (SA)

Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0

Action that may be taken uhere probatloner fails to observe cond~tions	of recognizance
Proof of probation order or recognizance Regulations Immunity from liability Preservation of powers conferred by other Acts or laws

'	Came into operation 25 May 1972: *Gor* 25 May 1972, p. 2031.
4 Came into operation 29 March 1982: *Goz.* 25 ~ a r e h	1982, p. *864.*

functions or duties under this Act.	s n k	(3)
d e d	by 51.
1982 r	4 (4.
(2) A delegation under this section is revocable at will, and does not sn-(i)	&by	51.

(2) Where a person has been convicted, by a court other than a court of summary jurisdiction, of an offence punishable by imprisonment and the	1%3. -4 c b ~
court is of the opinion that, having regard to-
(a)	the character, antecedents, age, health or mental condition of the

the person charged, the order shall, for the purpose of revesting or restoring 1%	~ 3 ~ 2 ) .
stolen property, or of enabling the court to make orders for the restitution or delivery of property to the owner and for the payment of money upon, or in connection with, such restitution or delivery, have the same effect as a conviction.
(1) A recognizance under section 4 may include such of the following conditions as the court thinks appropriate:	orden

*(a)* a condition requiring the probationer to be under the supervision *;:z*	of a probation officer for a specified period of time, and to e2$z5	obey the lawful directions of the probation officer;	rub.illmlad br 53.
1981. r 6 (a1

(h)	any other condition that the court thinks necessary or desirable.
(la) A court shall not include in the same recognizance conditions under both subsection (1) *(a)* and *(e).*	1981, r 6 (4.

(lb) A court shall not include in a recognizance a condition under h s ~ c c , ~ )	W h Y
subsection (1) (6) unless it is satisfied that accommodation for the proba- 3-1 ,	rs (ah
tioner is available with the person, or at the probation hostel or other place, speciiied in the recognizance.

subsection (1) (4 unless it is satisfied that treatment of the nature specified 1981, ,s	(.,
in the recognizance has been recommended for the probationer by a legally qualified medical practitioner and is available to the probationer.

subsection (1) *(e)* unless it is satisfied, upon a report of a probation officer,	,psl . ,~(,h
that there is, or will be within a reasonable period of time, a placement for the probationer at a community S e ~ c t t centre reasonably accessible to him and that the community service likely to be undertaken by the probationer is appropriate for him.

(4) so as to require a probationer to work more than 24 additional hours of	1ssz ~ s w .
community service work during the term of his recognizance.

arising out of, or occurring in the course of, community service undertaken $,SEzs.br	pursuant to recognizances.
(2) The Minister shall provide insurance, upon such terms and condi- tions as he thinks fit, for persons appointed as voluntary supervisors of probationers undertaking community service pursuant to recognizances in respect of death or injury arising out of, or occurring in the course of, carrying out their duties as supervisors.
(3) The cost of providing insurance cover under this section shall be borne by the Crown.

mittee consisting of not less than 3, nor more than 5, members, of whom-	mmmunily
mi*
committcn.

(6)	one shall be appointed by the Minister after consultation with the United Trades and Labor Council;
and

(c)	to monitor the performance of community service work by pro- bationers attending the centre;
and
(d)	to perform such other functions as the Minister may direct.

~ f f i ~ or	and may thereafter from time to time, assign the probationer to a probation
mrnmv0,ly
- a a ~ m l o	officer for supervision or to a community service officer for community
raeh pmbationn.	service, as the case may require.
",, ,,	,
c. 17. -3.4.

the following matters:	m~1nable
d i d a s to
pwbationen

by 53. 1981.	(6) on application by a probationer and on being satisfied that the probationer's conduct has been such as to make it unnecessary that he should be subject to a recognizance any longer, by order, discharge the recognizance.
$. #o(b).

to obrewe	a probationer has failed to observe any of the conditions of his recognizance,
eondifi?ns of
magn,zana.	the court may-
S.9 sobtibfed
by 19. 1%3. s. 7.	(a) issue a warrant for the probationer's apprehension;
(b) if it thinks fit, issue a summons or summonses to the probationer or to the probationer and his sureties, if any, as the case may be, requiring him or requiring him and them, as the case requires, to attend at such place and at such time as is specified in the summons or summonses.

to observe any condition of his recognizance, may estreat the recognizance 1%9.%3;	amended by 53.
in such amount as the court thinks fit and-	1981. s. II (8).

(b)	may direct that time spent by the probationer in custody pending determination of the proceedings for breach of recognizance be counted as part of the term of the suspended sentence;
or

Pant. (.)	*nwed*	*	*	*	*	*	*	*	*	*	*
by 53.1981.
a. 12 (.I.

liability.	11. (1) No civil liability shall attach to a probation officer or commu-
s,ll	nity service officer for any act or omission by him in good faith and in the
2168 1934 s.6
, .	,. exercise of his powers, or the discharge of his duties, under this Act.

-led	by 69.
1971. s.6(2)	(2) A liability that would, but for subsection (I), attach to a probation

pnwen eonfern	12. Nothing in this Act shall be construed as taking away or in any
by olhn Aels or
I_%	way derogating from, or diminishing, any power or jurisdiction conferred by any other Act or law upon any court or any person acting judicially.