Section 5
of Offenders (Probation and Community Service) Act
Section 5
(1)
Where a court before which an offender is convicted of an offence (not being an offence the sentence for which is fixed by law) is of the opinion that, having regard to the circumstances of the case including the nature of the offence and the character of the offender, it is expedient to do so, it may, instead of sentencing him, make a probation order requiring him to be placed under the supervision of a probation officer or a volunteer probation officer for a probation period of not less than 6 months and not more than 3 years.
(1A)
In subsection (1), “offence the sentence for which is fixed by law” in the second line means an offence for which the court is required to sentence the offender to death, imprisonment for life and detention or confinement during the pleasure of His Majesty the Sultan and Yang
Di-Pertuan.
(2)
Subject to subsection (3), a probation order may, in addition, require the probationer to comply during the whole or any part of the probation period, with such requirements as the court, having regard to the circumstances of the case, considers necessary for securing the good conduct of the probationer and for preventing a repetition by him of the same offence or the commission of other offences.
Offenders (Probation and Community
Service)
(3)
Without prejudice to the power of the court to make an order under section 10(2), the payment of sums by way of damages for injury or of compensation for loss shall not be included among the requirements of a probation order.
(4)
Without prejudice to the generality of subsection (2), a probation order may include requirements relating to the residence of the probationer:
Provided that —
(a)
before including any such requirement, the court shall consider the home surroundings of the probationer; and
(b)
where the order requires the probationer to reside in an approved institution, the name of the approved institution and the period for which he is required to reside there shall be specified in the probation order, and that period shall not exceed one year from the date of the probation order.
(5)
Before making a probation order, the court shall explain to the offender in a language which he understands, as to the effect of the probation order (including any additional requirement under subsection (2)
or (4)) and that if he fails to comply with the probation order and any requirement thereof or commits a subsequent offence during the probation period he will be liable to be sentenced for the original offence; and if the offender has attained the age of 14 years, the court shall not make the probation order unless he expresses his willingness to comply with the requirements thereof.
(6)
Where a probation order is made against a female, the probation officer or volunteer probation officer shall be a woman.
(7)
The court by which a probation order is made shall forthwith give a copy of the order to the Chief Probation Officer who shall give a copy thereof to —
Offenders (Probation and Community
Service)
B.L.R.O. 6/2012 7
(a)
the probationer;
(b)
the probation officer or volunteer probation officer who is responsible for the supervision of the probationer; and
(c)
the person in charge of any institution in which the probationer was required to reside.
Discharge and amendment of probation order.