Section 6
of Offenders (Probation and Community Service) Act
Section 6
(1)
The court by which a probation order is made may, upon application being made by the probationer, probation officer or volunteer probation officer, discharge the probation order.
(2)
A court may, upon application being made by the probationer, probation officer or volunteer probation officer, amend the probation order by cancelling any of its requirements or by inserting therein (either in addition to or in substitution of any of those requirements) any other requirement as if it was then being made by that court in accordance with section 5:
Provided that —
(a)
the court shall not amend a probation order by reducing the probation period or by extending that period so as to exceed 3 years from the date when the probation order was originally made; and
(b)
the court shall not amend a probation order so as the probationer is required to reside in an approved institution for a total period exceeding one year.
(3)
Where the court proposes to amend a probation order under this section otherwise than upon the application of the probationer, it shall summon the probationer to appear before the court; and if the probationer has attained the age of 14 years, the court shall not amend a probation order unless he expresses his willingness to comply with the requirements of the probation order as amended:
Offenders (Probation and Community
Service)
8
Provided that this subsection shall not apply to an order cancelling any requirement of the probation order or reducing the period of any requirement.
(4)
Where a court discharges or amends a probation order under this section, the court shall forthwith give copies of the discharging or amending order to the Chief Probation Officer who shall give a copy thereof to —
(a)
the probationer;
(b)
the probation officer or volunteer probation officer; and
(c)
the person in charge of any institution in which the probationer was required to reside by the probation order as originally made or as amended.
(5)
A volunteer probation officer shall not make an application for the discharge or an amendment of a probation order under subsection (1)
or (2) without the prior written approval of the Chief Probation Officer.
(6)
Where a probation order, whether as originally made or as amended, requires a probationer to reside in an approved institution for a period exceeding 6 months from the date of the probation order as originally made or as amended, the probation officer or volunteer probation officer shall, as soon as possible after the expiration of 6 months from that date, report to the court on the case.
(7)
On receipt of the report, the court shall review the probation order for the purpose of considering whether to cancel the requirement as to residence or to reduce the period thereof, and may, if it thinks fit, amend the probation order accordingly without the necessity for any application in that behalf.
(8)
Where a probationer is sentenced under this Act for the offence for which he was placed on probation, the probation order shall cease to have effect.
Offenders (Probation and Community
Service)
B.L.R.O. 6/2012 9
(9)
In this section, “probation officer” and “volunteer probation officer” mean respectively the probation officer and volunteer probation officer responsible for the supervision of the probationer.
Breach of requirements of probation order.