Probation Act (Cap. 446)
Probation Act (Cap. 446), article 22
22. (1) Where a court by which a person is convicted of an
offence (not being an offence punishable only be a fine ( multa or
ammenda ) and not being an offence which apart from an increase of
punishment in view of continuity or previous convictions, is
punishable with imprisonment for a term exceeding seven years) is
of opinion that, having regard to the circumstances of the case ,
including the nature of the offence and the character of the
offender, it is inexpedient to inflict punishment and that a pr obation
order, a community service order or a combination order are not
appropriate, the court may make an order discharging the offend er
absolutely, or, if the court thinks fit, discharging the offend er
subject to the condition that he commits no offence during such
period, not exceeding three years from the date of the order, a s may
be specified therein. The provisions of the proviso to article 7(2)
shall mutatis mutandis apply to this subarticle.
(2) An order discharging a person subject to such a condition as
aforesaid is in this Act referred to as "an order for condition al
discharge" and the period specified in any such order as "the p eriod
12 [CAP. 446. PROBATION
of conditional discharge".
(3) Before making an order for conditional discharge, the court
shall explain to the offender in ordinary language that if the
offender commits another offence during the period of condition al
discharge, the offender will be liable to be sentenced for the
original offence.
(4) Where, under the provisions in this Act, a person
conditionally discharged is sentenced for the offence in respec t of
which the order for conditional discharge was made, that order
shall cease to have effect.
Conviction
following an order.
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