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PROBATION ACT (NORTHERN IRELAND)1950 - SECT 21

Short title.

21. This Act may be cited as the Probation Act (Northern Ireland), 1950.

Sections 1 & 5.

1. An offence for which the court is required to sentence the offender to
death or imprisonment for life or to detention during the pleasure of the
Governor of Northern Ireland.

[2. An offence under any provision of the Road Traffic [(Northern Ireland)
Order 1981] where a person convicted of that offence is required to be
sentenced to a term of imprisonment.]

[3. An offence under section forty of the Foyle Fisheries Act (Northern
Ireland), 1952.]

[4. An offence under section 46 of the Fisheries Act (Northern Ireland) 1966.]

[5. An offence under section 41(1)(a), 53, 56, 57, 62(1) or 72 of the
Licensing Act (Northern Ireland) 1971.]

1. The court by which a probation order was made may, upon application made by
the probation officer or by the probationer, discharge the order.

2.(1) If the supervising court is satisfied that a probationer proposes to
change, or has changed his residence from the petty sessions district named in
the probation order to another petty sessions district, the court may, and if
application in that behalf is made by the probation officer, shall, by order
amend the probation order by substituting for the petty sessions district
named therein the petty sessions district where the probationer proposes to
reside or is residing:

Provided that if the probation order contains requirements which, in the
opinion of the court, cannot be complied with unless the probationer continues
to reside in the district named in the order, the court shall not amend the
order as aforesaid unless, in accordance with the following provisions of this
Schedule, it cancels those requirements or substitutes therefor other
requirements which can be so complied with.

(2) Where a probation order is amended under this paragraph, the
supervising court shall send to the clerk of petty sessions for the district
substituted in the order a copy of the order, together with such documents and
information relating to the case as it considers likely to be of assistance to
the court acting as the supervising court for that district.

3. Without prejudice to the provisions of the last preceding paragraph, the
supervising court may, upon application made by the probation officer or by
the probationer, by order amend a probation order by cancelling any of the
requirements thereof or by inserting therein (either in addition to or in
substitution for any such requirement) any requirement which could be included
in the order if it were then being made by that court in accordance with the
provisions of sections one and two of this Act:

Provided that

(a)the court shall not amend a probation order by reducing the
probation period, or by extending that period beyond the end of three years
from the date of the original order;

(b)the court shall not so amend a probation order that the probationer is
thereby required to reside in any institution, or to submit to treatment for
his mental condition, for any period exceeding twelve months in all;

(c)the court shall not amend a probation order by inserting therein a
requirement that the probationer shall submit to treatment for his mental
condition unless the amending order is made within three months after the date
of the original order.

4. Where a probationer is being treated for his mental condition in pursuance
of any requirement of the probation order and the Northern Ireland Hospitals
Authority or the medical practitioner (as the case may be) by whom or under
whose authority the probationer is being so treated is satisfied

(a)that the treatment of the probationer should be continued beyond the period
specified in that behalf in the order, or

(b)that the probationer needs different treatment, being treatment of a kind
to which he could be required to submit in pursuance of a probation order, or

(c)that the probationer is not susceptible to treatment, or

(d)that the probationer does not require further treatment,

5. Where the supervising court proposes to amend a probation order under this
Schedule, otherwise than on the application of the probationer, it shall
summon him to appear before the court; and if the probationer is not less than
fourteen years of age, the court shall not amend a probation order unless the
probationer expresses his willingness to comply with the requirements of the
order as amended:

Provided that this paragraph shall not apply to an order cancelling a
requirement of the probation order or reducing the period of any requirement,
or substituting a new petty sessions district for the district named in the
probation order.

6. On the making of an order discharging or amending a probation order, the
clerk to the court shall forthwith give copies of the discharging or amending
order to the probation officer; and the probation officer shall give a copy to
the probationer and to the person in charge of any institution in which the
probationer is or was required by the order to reside:

Provided that if the order amends the probation order by substituting a new
petty sessions district for the district named in the probation order the
copies of the order shall be sent to the clerk of petty sessions for the new
petty sessions district and he shall be responsible for giving copies of the
order to the probation officer.

7. Sub-section (7) of section one of this Act shall apply to any order made
under this Schedule which contains, amends or discharges any requirement as to
residence as it applies to a probation order made under that section.

Third Schedule rep. by 1964 c.21 (NI) s.172 sch.7. Fourth Schedule rep. by SLR
(NI) 1954

© 1950 Crown Copyright

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