Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697631185021.pdf (Antigua and Barbuda)
LAWS OF ANTIGUA AND BARBUDA Probation of Offenders (CAP.

345 1 CHAPTER 345 T H E PROBATION O F OFFENDERS A C T Arrangement of Sections Section 1.

Short title.

2.

Power of Court to permit, conditional release of offenders.

3 .

Probation orders and conditions of r e c o g n i z a n c s 4.

Change of supervisor.

5.

Duties of supervisor.

6.

Variation of terms and conditions of probation.

7.

Provision in case of offender failing to observe conditions of release.
PROBATION O F OFFENDERS (25th February, 1921 .)

511921.

3211956.

2011961.

3711982.

1.

This Act may be cited as the Probation of Offenders Short title.

Act.

2.
(1) Where any person is charged before an inferior Power of Court to permit Court of summary jurisdiction with an offence punishable ,ond;t;onal by such Court, and the Court thinks that the charge is proved, release of but is of opinion that, having regard to the character, offenders' antecedents, age, health, or mental condition of the person charged, or to the trivial nature of the offence, or to 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 that it is expedient to release the offender on probation, the Court may, without proceeding to conviction, make an order either- 2 CAP.
345) Probation of Offenders LAWS OF ANTIGUA AND BARBUDA (a) dismissing the information or charge; or (6) discharging the offender conditionally on his entering into a recognizance, with or without sureties, to be of good behaviour and to appear for conviction and sentence when called on at any time during such period, not exceeding three years, as may be specified in the order.
(2) Where any person has been convicted on indictment of any offence punishable with imprisonment, and the Court is of opinion that, having regard to the character, antecedents, age, health or mental condition of the person charged, or to the trivial nature of the offence, or to the extenuating circumstances under which the offence was committed, it is inexpedient to inflict any punishment or any other than a nominal punishment, or that it is expedient to release the offender on probation, the Court may, in lieu of imposing a sentence of imprisonment, make an order discharging the offender conditionally on his entering into a recognizance, with or without sureties, to be of good behaviour and to appear for sentence when called on at any time during such period, not exceeding three years, as may be specified in the order.
(3) The Court may, in addition to any such order, order the offender to pay such damages for injury or compensa- tion for loss (not exceeding in the case of an inferior court of summary jurisdiction, five hundred dollars, or if a higher limit is fixed by any enactment relating to the offence, that higher limit) and to pay such costs of the proceedings as the Court thinks reasonable.
(4) An order for the payment of damages or compen- sation as aforesaid may be enforced in like manner as an order for the payment of costs by the offender; and where the Court, in addition to making such an order for the pay- ment of damages or compensation to any person, orders the offender to pay to that person any costs, the orders for the payment of damages or compensation and for the payment of costs may be enforced as if they constituted a single order for the payment of costs.
LAWS OF ANTIGUA AND BARBUDA Probation of Offenders (CAP.

345 3 (5) Where an order under this section is made by a n inferior Court of summary jurisdiction, the order shall, for the purpose of revesting or restoring stolen property, and of enabling the Court to make orders as to the restitution or delivery of property to the owner and as to the payment of money upon or in connection with such restitution or delivery, have the like effect as a conviction.

3.
3.

(1) A recognizance ordered to be entered into ~'~b,"~;;,;;,"~~f under this Act shall, if the Court so order, contain a condition ,cognizances.
that the offender be under the supervision of such person as may be named in the order (in this Act referred to as the supervisor) during the period specified in the o r d s a n d such other conditions for securing such supervision as may be specified in the order, and an order requiring the insertion of such conditions as aforesaid in the recognizance is in this Act referred to as a probation order.
(2) A recognizance under this Act may contain such additional conditions with respect to residence, abstention from intoxicating liquor, and any other matters, as the Court may, having regard to the particular circumstances of the case, consider necessary for preventing a repetition of the same offence or the commission of other offences.

(3) The Court by which a probation order is made shall furnish to the offender a notice in writing stating in simple terms the conditions he is required to observe.

4.
4.

The person named in a probation order as super- Change of supervisor.

visor may at any time be relieved of his duties, and, in any such case, or in case of the death of the person so named, another person may be substituted by the Court before which the offender is bound by his recognizance to appear for con- viction or sentence.

5 .

It shall be the duty of a supervisor, subject to the Ei:xdr.
directions of the court- (a) to visit or receive reports from the person under supervision at such reasonable intervals as may be specified in the probation order or, subject thereto, as the supervisor may think fit; 4 CAP.

345) Probation of Offenders LAWS OF ANTIGUA AND BARBUDA (b) to see that he observes the conditions of his recognizance; (c) to report to the Court as to his behaviour; (6) to advise, assist and befriend him, and, when to find him suitable to endeavour necessary, employment.
Variation of terms and conditions of probation.

6.
The Court before which any person is bound by a recognizance under this Act to appear for conviction and sentence or for sentence- ( a ) may at any time if it appears to it, upon the application of the supervisor, that it is expedient that the terms or conditions of the recognizance should be varied, summon the person bound by the recognizance to appear before it, and, if he fails to show cause why such variation should not be made, vary the terms of the recognizance by extending or diminishing the dura- tion thereof (so, however, that it shall not exceed three years from the date of the original order) or by altering the conditions thereof or by inserting additional condi- tions; or, ( 6 ) may on application being made by the super- visor, and on being satisfied that the conduct of the person bound by the recognizance has been such as to make it unnecessary that he any longer be under super- vision, discharge the recognizance.
7. in case (1) If the Court before which an offender is bound of offender failing to observe by his recognizance under this Act to appear for conviction or sentence, or any inferior Court of summary jurisdiction conditions of release.
is satisfied by information on oath that the offender has failed to observe any of the conditions of his recognizance, it may issue a warrant for his apprehension, or may, if it thinks fit, instead of issuing a warrant in the first instance, issue a summons to the offender and his sureties (if any) requir- ing him or them to attend at such Court and at such time as may be specified in the summons.
(2) The offender, when apprehended, shall, if not brought forthwith before the Court before which he is bound by his recognizance to appear for conviction or sentence, be brought before an inferior court of summary jurisdiction.

LAWS OF ANTIGUA AND BARBUDA Pro bation of Offenders (CAP.
345 5 (3) The Court before which an offender on apprehen- sion is brought, or before which he appears in pursuance of such summons as aforesaid, may, if it is not the Court before which he is bound by his recognizance to appear for conviction or sentence, remand him to prison or on bail until he can be brought before the last-mentioned Court.
(4) A Court before which a person is bound by his recognizance to appear for conviction and sentence, on being satisfied that he has failed to observe any condition of his recognizance, may forthwith, without further proof of his guilt, convict and sentence him for the original offence, or, if the case is one in which the Court in the first instance might, under the Training Schools Act, have ordered the Cap.
436. offender to be sent to a Training School, and the offender is still apparently under the age of sixteen years, make such order.