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TREATMENT OF OFFENDERS ACT (NORTHERN IRELAND) 1968 - SECT 25

Miscellaneous provisions as to probation orders.

25.(1) The power of discharging a probation order conferred by paragraph 1 of
Schedule 2 to the Probation Act (Northern Ireland) 1950 on the court by or
before which the offender placed on probation was convicted, shall, except
where that court is [the Crown Court] and has included in the probation order
a direction to the contrary, be exercised instead by the supervising court
within the meaning of that Act.

(2) The power of discharging such an order conferred by virtue of
section 17(3) of the said Act of 1950, in a case where the order is made on
appeal, on the court from which the appeal is brought shall, except where that
court is [the Crown Court] and there is included in the order a direction that
the power should be reserved to that court, be exercised instead by the
supervising court within the meaning of that Act.

(3) Where a magistrates' court has committed an offender placed on probation
in custody under section 4(3)(b) of the said Act of 1950 (committal to [Crown
Court] on breach of probation order), that court or any other magistrates'
court acting for the same area as that court may at any time before the first
sitting of [the Crown Court] to which he has been committed release him on
bail (with or without sureties) until he can appear before [the Crown Court]
....

(4) [The Crown Court] before which an offender placed on probation appears or
is brought and which is satisfied that he has failed to comply with any of the
requirements of the probation order may instead of dealing with him under
section 4(4)(b) of the said Act of 1950 for the offence in respect of which
the probation order was made, impose on him a fine not exceeding [#50],
without prejudice, however, to the continuance of the probation order; and the
maximum fine which may be imposed by a magistrates' court under section 4(3)
of that Act for the like failure shall be [#50] instead of ten pounds.

Subs.(5) repeals s.3(2)(3) of 1950 c.7 (NI)

© 1968 Crown Copyright

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