Section 98 — AKTA KANAK-KANAK 2001

(a)

any grave crime;

(b)

voluntarily causing grievous hurt, rape, incest or outraging modesty; or

(c)

an offence under section 377b, 377c, 377d or 377e of the Penal Code, is of opinion that having regard to the circumstances, including the nature of the offence and the character of the child, it is appropriate to do so, the Court For Children may make a probation order.

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(2)

Before making the probation order under subsection (1), the

Court For Children shall explain to the child in simple language suitable to his age, maturity and understanding—

(a)

the effect of the order; and

(b)

that if he—

(i)

fails to comply with the probation order; or

(ii)

commits another offence, he shall be liable to be dealt with for the original offence as well as for the other offence.

(3)

A probation order shall have effect for such period not less than one year and not more than three years from the date of the order as may be specified in the probation order.

(4)

For the purposes of securing the good conduct and supervision of the probationer or preventing a repetition by him of the same offence or the commission of other offences, a probation order shall—

(a)

require the probationer to submit during that period to the supervision of a probation officer;

(b)

specify that the probationer is not to commit any offence during the probation order; and

(c)

contain such other requirements, as the Court having regard to the circumstances of the case considers necessary including any one or more of the following:

(i)

that the probationer shall reside at a probation hostel, at the home of his parent or guardian or relative or at some other place;

(ii)

that the probationer shall attend an educational institution to be recommended by the probation officer;

(iii)

that the probationer shall remain indoors at his place of residence, be it at the probation hostel or at a home, during hours to be specified.

Act 611

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Child 117

(5)

Without prejudice to the powers of the Court to make an order under section 91, the payment of sums by way of damages for injury or compensation for loss shall not be included amongst the requirements of a probation order.

(6)

Before making a probation order containing requirements as to residence, the Court—

(a)

shall consider the home surroundings of a child; and

(b)

if the order requires a child to reside in a probation hostel, shall specify in the order the period for which he is so required to reside, but that period shall not extend beyond twelve months from the date of the order.

(7)

The Court For Children which makes a probation order shall—

(a)

immediately give a copy of the order—

(i)

to the probationer;

(ii)

to the probation officer or other person under whose supervision the probationer is placed; and

(iii)

to the person in charge of the probation hostel or other place in which the probationer is required by the order to reside; and

(b)

except if it is itself the Supervising Court, send to the

Court For Children for the district or area named in the order in which the probationer is required to reside during the probation period a copy of the order together with such documents and information relating to the case as it considers likely to be of assistance to that Court.

(8)

A Court For Children on making a probation order may, if it thinks it is expedient for the reformation of the probationer, give the probationer to the charge of any person who consents to accept the probationer, on that person’s giving security for the good behaviour of the probationer; and the provisions of the

Criminal Procedure Code on forfeiture of bonds shall apply in relation to the security.

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Failure to comply with probation order