Section 8

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 not expedient to impose punishment and that a probation order is not appropriate, it may make an order discharging him absolutely, or if it thinks fit, make an order of conditional discharge discharging him subject to the condition that he does not commit any offence during such period of conditional discharge, not exceeding one year from the date of the order, as may be specified therein.

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.

Before making an order of conditional discharge, the court shall explain to the offender in a language which he understands that if he commits another offence during the period of conditional discharge he shall be liable to be sentenced for the original offence.

Where an offender who is conditionally discharged under this section is subsequently sentenced for the offence in respect of which the order for conditional discharge was made, that order shall cease to have effect.

Offenders (Probation and Community

Service)

B.L.R.O. 6/2012 11

Commission of further offence.