Release on Probation of Good Conduct: Section 4

In one line

Section 4 is the working heart of the Act: any offence short of death or imprisonment for life, a bond of up to three years, and a supervision order of at least one year if the court wants one.

In the wording a student can write in an exam: section 4 of the Probation of Offenders Act 1958 empowers a court, where a person is found guilty of an offence not punishable with death or imprisonment for life and the court is of opinion, having regard to the circumstances of the case including the nature of the offence and the character of the offender, that it is expedient to release him on probation of good conduct, to direct instead of sentencing him at once to any punishment that he be released on entering into a bond, with or without sureties, to appear and receive sentence when called upon during a period not exceeding three years, and in the meantime to keep the peace and be of good behaviour.

The five sub-sections

Section 4 has five sub-sections and each does a different job. A candidate who can allocate them correctly has the chapter.

(1) The power, and the bond. The threshold, the court's opinion, the release instead of sentencing at once to any punishment, and the bond: with or without sureties, to appear and receive sentence when called upon during a period not exceeding three years, and in the meantime to keep the peace and be of good behaviour.

The proviso. The court shall not direct such release unless it is satisfied that the offender or his surety has a fixed place of abode or regular occupation in the place over which the court exercises jurisdiction, or in which the offender is likely to live during the period of the bond. Without a settled address supervision is impossible, and the proviso says so.

(2) The report. Before making an order under sub-section (1) the court shall take into consideration the report, if any, of the probation officer concerned. The words "if any" matter: the court must consider a report that exists, but section 4 does not require it to call for one. Only section 6(2) does that.

(3) The supervision order. Where an order under sub-section (1) is made, the court may, if it is of opinion that in the interests of the offender and of the public it is expedient, in addition pass a supervision order directing that the offender remain under the supervision of a probation officer named in the order for a period not less than one year, and may impose such conditions as it deems necessary for the due supervision of the offender.