Sri Lanka Consolidated Acts

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Administration of Justice Law (No. 44 of 1973) - Sect 252

Circumstances in which probation order may be made

252.
(1) Before making a probation order a, respect of any offender, the court shall consider all such in formation relating to the character, antecedents, environment and mental or physical condition of the offender as may, at the instance of the court, be furnished orally or in writing by a probation officer of the probation unit for the judicial zone, district or division in which the offence was committed, or such other probation officer as may be authorized by the Commissioner of Probation Services.
(2) No probation order shall be made by a court unless-
(a) the court has briefly and in simple language communicated to the offender the effect of the proposed order and of the conditions to be included therein, and explained that if he fails to observe any such condition or commits another offence, he will be liable to be sentenced for the original offence; and
(b) the offender has given his written consent to the making of the order and agreed to observe the conditions thereof:
(3) For the purpose of enabling any information or report to be furnished under this section, the court may postpone the determination of the Case, and may make order remanding the offender or releasing him on bail for a period not exceeding twenty-one days in the first instance. Where the offender is remanded, he shall be detained in a remand home or in such other place as may be appointed in that behalf by the Minister and notified in the Gazette. Where the offender is released on bail, it shall be a condition of the bond that the offender shall report in person to a probation officer named therein within twenty-four hours of the release and at such other times as such officer may require.
(4) Where a report is made to court by a probation officer and where a probation order is not considered suitable, such probation officer shall, if so required, assist the court in determining the most suitable methods of dealing with the offender.
(5) The court may, in any case where a written report is made by a probation officer under subsection (1) in respect of any offender, direct that a copy of such report be given to the offender and hear any such evidence as may be tendered by the offender or the probation officer in relation to any matter referred to in such report.


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