PROBATION  _g CAP. 446.  1
CHAPTER 446
PROBATION ACT
To provide for the Probation of Offenders, Community Service Orders
and Combination Orders.
10th March, 2003
1st June, 2003
ACT VII of 2002, as amended by Act XXIII of 2002.
Short title.
Interpretation.
"combination order" has the meaning assigned to it by article 18;
"community sanction" means a probation order, a community
service order or a combination order as specified in this Act;
"community service officer" is a probation officer who
supervises community service orders;
"community service order" has the meaning assigned to it by
article 11;
"convicted of an offence" includes convictions by the Court of
Criminal Appeal and the affirmation by the said court of a
conviction by the court of first instance or of a finding of guilt by a
jury;
"Department" means the Department of Probation Services;
"Director" means the Director of Probation Services;
"institution" means an institution approved by the Minister;
"Minister" means the Minister responsible for the probation
services;
"pre-sentencing report" means a written report prepared by the
Department at the request of the court prior to the imposition of
sentence;
"probation officer" means a person appointed to be a probation
officer under this Act;
"probation order" has the meaning assigned to it by article 7;
"probation period" means the period for which a probationer is
placed, under supervision by a probation order, under a community
service order or a combination order;
"probationer" means a person for the time being sentenced by
virtue of a probation order, a community service order or a
combination order.
Duties of Director 
of Probation 
Services.
3. (1) There shall be a Department of Probation Services
which shall be a department of Government headed by a public
officer to be styled Director of Probation Services.
(2) It shall be the duty of the Director of Probation Services -
2 _g CAP. 446. PROBATION
( a ) to manage and direct the Department and to organise
and supervise the probation services;
( b ) to direct probation officers on their work;
( c ) to give direction on record keeping and time
management;
( d ) to supervise probation officers and periodically
receive verbal or written reports on probationers from
the probation officers;
( e ) to keep a register of each person sentenced to a
community sanction;
( f ) to keep a register of pre-sentencing reports requested
by courts;
( g ) to decide whether a probationer is to be arraigned in
Court following a breach of any condition of a
community sanction; and
( h ) to assign probation officers to probationers and to
prepare pre-sentencing reports in accordance with this
Act.
(3) The Director may delegate any of the above duties to a
senior member of staff.
Appointment of 
probation officers.
4. The Minister shall appoint a sufficient number of qualified
persons to be probation officers, who shall, under the general
direction of the Director, perform the duties provided by this Act or
such other duties as may be prescribed by regulations made under
this Act, or by or under any other law.
Supervisory Board. 5. (1) There shall be a Supervisory Board consisting of a
Chairman and two other members to be appointed by the Minister.
(2) The duties of the Board shall be to review the performance
of the probation services under this Act and suggest improvements,
and to monitor the administration of discipline in community
sanctions.
(3) The Board shall submit a yearly report to the Ministry
responsible for the probation services on the functioning of the
probation services by the Department. The Minister shall send a
copy of the report to the Standing Committee for Social Affairs of
the House of Representatives.
(4) The members of the Board shall hold office for such period
as the Minister may establish in their appointment, and shall be re-
eligible for appointment after the end of their term of office.
(5) The Board shall have access to all records of the
Department and subject to any direction by the Minister, shall
regulate its own procedures.
Pre-sentencing 
reports.
6. (1) A court may commission the Department to prepare a
pre-sentencing report before forming an opinion as to the
suitability of applying to an offender a sentence of imprisonment, a
suspended sentence or any other measure allowed by law on one or
more of the following orders:
PROBATION  _g CAP. 446.  3
( a ) a probation order; or
( b ) a suspended sentence supervision order:
Cap. 9.
Provided that, except in the case of summary proceedings
for offences under the jurisdiction of the Court of Magistrates as a
court of criminal judicature under article 370(1) of the Criminal
Code, the Court shall always commission a pre-sentencing report
before dealing with an offender under eighteen years of age who
has committed an offence punishable by imprisonment, or before
ordering a community service order or a combination order.
(2) It shall be the duty of a probation officer assigned to
prepare the pre-sentencing report to inquire, in accordance with any
direction of the court, into the personal and social circumstances of
the offender with a view to assisting the court in determining the
most suitable method of dealing with the case.
(3) Where a person has been convicted of an offence and the
court is of opinion that information ought to be obtained about the
circumstances or home surroundings of the accused before the
method of dealing with the offender is determined, the court shall,
notwithstanding anything contained in the Criminnal Code, adjourn
the case to enable the compilation of the pre-sentencing report by
the Department.
(4) The provisions of the foregoing subarticles shall apply
mutatis mutandis , to proceedings before the Criminal Court or the
Court of Criminal Appeal.
(5) Where a pre-sentencing report is made to any court, a copy
of the report shall be given by the Court to the offender or his
advocate or legal procurator and the prosecution:
Provided that if the offender is under sixteen years of age
and is not represented by an advocate or legal procurator, a copy of
the report need not be communicated to him but shall be referred to
his parent or guardian.
(6) Except in so far as it is cited in the judgement, a pre-
sentencing report shall be considered as a confidential document.
No information contained therein may be communicated in any
form to third parties without the consent of the accused or the
court. The probation officer shall have a right of access at
reasonable times to the acts of the criminal proceedings, including
documents contained therein.
Probation order.
following subarticle, instead of sentencing the offender, make a
probation order, that is to say, an order requiring the offender to be
under the supervision of a probation officer for a period to be
specified in the order of not less than one year and not more than
three years.
(2) Any order made in accordance with subarticle (1) shall only
be made if:
( a ) the offender is convicted of an offence, not being an
offence punishable only with a fine ( multa  or
ammenda ), and not being an offence which apart from
4 _g CAP. 446. PROBATION
any increase of punishment in view of continuity or of
previous convictions, which is punishable with
imprisonment for a term not exceeding seven years;
and
( b ) the court is satisfied that the supervision of the
offender by a probation officer is desirable in the
interest of securing the rehabilitation of the offender
and, or protecting the public from harm from the
offender or preventing the commission of further
offences; and
( c ) having regard to the circumstances of the case,
including the nature of the offence and the character of
the offender, the issue of such orderis appropriate:
Provided that where in the opinion of the court
circumstances, which are to be clearly stated in the order, exist that
merit the placing of the offender under a probation order in the case
of an offence which, apart from any increase of punishment in view
of continuity or of previous conviction, is punishable with
imprisonment for a term exceeding seven years but not ten years,
the court may make a probation order:
Provided that the Court may, if it deems it to be in the best
interest of the person accused, issue a provisional order of
supervision of the accused by a probation officer, even during any
criminal proceedings, under such conditions as the Court may deem
fit.
(3) Without prejudice to the provisions of the following
subarticles of this article, a probation order may in addition require
the offender to comply during the whole or any part of the
probation period with such requirements as the court, having regard
to the circumstances of the case, considers necessary for securing
the good conduct of the offender or for preventing a repetition by
the offender of the same offence or the commission of other
offences, and the court may also give to the probation officer such
directions as it may deem necessary for securing these purposes.
(4) A probation order may include requirements relating to the
residence of the offender:
Provided that -
( a ) before making an order containing any such
requirements, the court shall consider the home
surroundings of the offender; and
( b ) where the order contains any such requirements, the
place at which the probationer is to reside thereat shall
be specified in the order. If the probationer is required
to reside in an institution, the period for which the
offender is required to reside shall not extend beyond
twelve months from the date of the order.
(5) Without prejudice to the generality of subarticle (2), where
in the opinion of the court the mental condition of the offender is
such as requires and as may be susceptible to treatment, but not
such as to justify other measures or procedures, or where the court
PROBATION  _g CAP. 446.  5
is satisfied that -
( a ) the offender is a drug addict; and
( b ) that proper arrangements have been or can be made for
treatment,
a probation order may include a requirement that the offender shall
submit to treatment not exceeding the length of the order by or
under the directions of a suitably qualified person with a view to
the improvement of the offender’s mental condition or with a view
to freeing the offender from drug addiction.
The treatment may be of any of the following kinds:
( c ) treatment as a non-resident patient in a hospital or
other appropriate agency or institution;
( d ) treatment as a resident patient in a hospital or other
appropriate agency or institution; or
( e ) treatment by or under the direction of a suitably
qualified person as may be specified in the order.
In any such case an amendment of the order under article 10
may also be made on an application made by a suitably qualified
person, in conjunction with the probation officer responsible for the
treatment of the offender.
(6) Where the court deems that such an order may help in the
rehabilitation of the offender, it may include as a condition in the
probation order, an order that for a period not exceeding six weeks
the probationer shall, when not required to be out to work or study,
present himself and remain at such residential institutions as may
be approved by the Minister for the purpose, provided that such
requirement may be restricted by the court to Saturdays and public
holidays and the period after seven in the evening on the eve of
Saturdays and public holidays.
(7) Before making a probation order, the court shall explain to
the offender, in ordinary language, the effect of the order including
any additional requirements proposed to be inserted therein under
subarticle (3), subarticle (4), subarticle (5) or subarticle (6), and
that if the offender fails to comply therewith or commits another
offence, the offender will be liable to be sentenced for the original
offence. If the offender is not less than fourteen years of age, the
couft shall not make the order unless the offender expresses
willingness to comply with the requirements thereof.
(8) The court by which a probation order is made shall
forthwith give copies of the order to the probationer, to the Director
who shall assign a probation officer to be responsible for the
supervision of the probationer, and to the person in charge of any
institution or hospital or other place in which the probationer is
required by the order to reside. If the probationer is a minor, a copy
of the probation order shall also be furnished to the parent or
person charged with the upbringing of the probationer, if any.
Duties of probation 
officer.
8. (1) Subject to the directions of the court by which a
probation order is made, it shall be the duty of a probation officer -
( a ) to advise and assist the probationer;
6 _g CAP. 446. PROBATION
( b ) to visit and receive reports from the probationer and
other professionals involved in the case, at such
reasonable intervals as may be specified in the
probation order, or, subject thereto, as the Director
may think fit;
( c ) to plan, monitor, and assist the probationer in fulfilling
the conditions of the probation order;
( d ) to secure the compliance of the offender to any
community sanction;
( e ) to arouse consciousness of the probationer to the harm
caused to the victim of crime and society;
( f ) to report to the court verbally or in writing, at least
once every six months, as to the progress of the
probation;
( g ) where necessary, to assist the probationer in furthering
appropriate social and educational endeavors;
( h ) where necessary, to assist the offender in finding
suitable employment;
( i ) to keep detailed records on each person under his care
who has been sentenced to a community sanction;
( j ) to provide verbal or written reports on the progress
made by the probationers to the Director; and
( k ) to act in accordance with the instructions of the
Director when a probationer is to be arraigned in court
after a breach of the conditions of a community
sanction.
(2) It shall also be the duty of a probation officer to inquire, in
accordance with any directions of the court, into the circumstances
or home surroundings of any probationer with a view to assisting
the court in deterxnining the most suitable method of dealing with
the case.
Selection of 
probation officers.
9. (1) The Director shall, after consultation with the court,
assign a probation officer to be responsible for the supervision of a
probationer:
Provided that more than one probation officer may be
assigned to the same probationer, each dealing with a particular
aspect of the case as the Director may determine.
(2) The Director, where the circumstances permit, shall assign
a probation officer experienced in dealing with children or young
persons to supervise an offender who is under the age of sixteen
years.
Discharge and 
amendment of 
probation order.
10. (1) The court by which the probation order was made may,
upon application made by the Director or by the probationer, cancel
the order.
(2) The court by which the probation order was made may,
upon application made on a report from the probation officer or
upon application made by the Director or by the probationer, by
PROBATION  _g CAP. 446.  7
order amend a probation order by cancelling any of the
requirements thereof or by inserting therein, either in addition to or
in substitution for any such requirement, any requirement which
could be included in the order if it were then being made by that
court in accordance with the provisions of article 7:
Provided that -
( a ) the court shall not amend a probation order by
reducing the probation period to less than one year or
by extending that period beyond the end of three years
from the date of the original order,
( b ) when the court proposes to amend a probation order,
otherwise than on the application of the probationer, it
shall summon the probationer to appear before the
court, and if the probationer is not less than fourteen
years of age, the court shall not amend a probation
order until the probationer expresses willingness to
comply with the requirements of the order as amended.
(3) On the making of an order cancelling or amending a
probation order, the provisions of article 7(7) and (8) shall  mutatis
mutandis  apply.
(4) Where, under the following provisions of this Act, a
probationer is sentenced for the offence for which he was placed on
probation, the probation order shall cease to have effect. The court
shall direct that a copy of the judgment be transmitted without
delay to the Director.
Community 
service order.
11. (1) A community service order may be given to an
offender aged sixteen years and over, convicted of an offence for
which, in the opinion of the Court, the appropriate sentence would,
except for the provisions of this article, be one of imprisonment.
Such an offence must not be punishable only by a fine ( multa  or
ammenda ) and cannot be an offence, which apart from any increase
in punishment in view of the continuity or of previous convictions,
is punishable with imprisonment exceeding seven years and the
provisions of the proviso to article 7(2) shall apply  mutatis
mutandis  to this subarticle.
(2) The court may, instead of sentencing the offender to
imprisonment, order the offender to be placed on a community
service order. A community service order shall require the offender
to perform unpaid work for a number of hours as specified in the
order. In any such case no order shall require the offender to
perform less than forty hours of work or more than two hundred
and forty hours.
(3) The court shall not make a community service order unless
the following conditions have been met:
( a ) the court is satisfied, after considering the offender’s
circumstances and the pre-sentencing report, that the
offender is suitable to perform work under such an
order;
( b ) that arrangements can be made for such work;
8 _g CAP. 446. PROBATION
( c ) the offender has agreed to the order; and
( d ) the offender has signed the community service work
agreement form.
(4) Before making a community service order in respect of an
offender the court shall explain to the offender in ordinary
language the effect of the order and that if the offender fails to
comply therewith or commits another offence, the offender will be
liable to be sentenced for the original offence.
(5) The court by which the community service order is made
shall forthwith give copies of the order to the offender, to the
Director, the community service officer assigned to the case by the
Director, and to the agencies and authorities responsible for the
supervision of the community service order.
(6) It shall be duty of the Director to assign work to the
probationer in accordance with the community service order.
Regulation of 
hours of work.
12. (1) Where a court makes community service orders in
respect of two or more offences of which the offender has been
convicted by the court, the court may direct that the hours of work
specified in any of those orders shall be concurrent with or
additional to those specified in any other of those orders.
(2) Where a court makes a community service order and there
is in force in respect of the offender at the time of the making of
that order another such order (made by the same or a different
court) the court making the later order may direct in that order that
the hours of work specified therein shall be concurrent with or
additional to those specified in the earlier order.
(3) When a court makes a community service order and there is
in force a prison sentence or the offender is detained without bail,
the community service order shall come into effect after the release
of the offender from prison, provided that the community service
officer in charge of the case is of the opinion that the offender is
still suitable to perform community service work. If the offender is
not still suitable to perform the community service required, the
community service officer shall return the case to the court. In such
cases the court shall deal with the offender as if the community
service order had never been made.
Duties of offender 
under community 
service order.
13. An offender in respect of whom a community service order
is in force shall:
( a ) report to the relevant authority from time to time
according to the instructions issued by the community
service officer;
( b ) perform satisfactorily for the number of hours
specified in the order such work at such times as shall
be directed by or on behalf of the relevant authority;
( c ) notify the community service officer to whom the
offender is required to report under this subarticle of
any change of his address.
PROBATION  _g CAP. 446.  9
Community 
service work.
14. (1) Subject to the provisions of article 10, the work to be
performed under a community service order shall be performed in
the period of not less than three months and not more than one year
beginning on the date of the order but, unless revoked, the order
shall remain in force until the offender has worked under it for the
number of hours specified in it.
(2) Directions given under subarticle (1) shall, so far as
practicable, avoid any interference with the times during which the
offender normally works or attends a school or other educational or
training establishment.
(3) An offender who fails to comply with any requirement
contained in article 13, shall be guilty of an offence and, without
prejudice to the continuance in force of the community service
order, shall be liable on summary conviction to a fine ( ammenda )
not exceeding one hundred liri.
Breach of 
community service 
order.
15. When an offender is convicted of an offence under article
14(3), the court which had issued the order, in lieu of imposing a
fine under that article may, either revoke the order or revoke it and
deal with the offender for the offence in respect of which the order
was made in any manner in which the offender could have been
dealt with for that offence if the order had not been made.
Extension.
application of the offender or the Director, and if it appears to the
court to be in the interest of justice, having regard to the
circumstances of the case, the court may extend the period of one
year for six months, in order that the community service is carried
out.
Summoning of 
offender.
17. In the cases contemplated under articles 15 or 16 the court
shall summon the offender to appear before it and, if the offender
does not appear in answer to the summons, it may order that the
offender be brought under arrest.
Combination 
order.
18. The court may, instead of sentencing the offender to
imprisonment, order the offender to be placed on a combination
order. A combination order shall require the offender to be placed
under probation supervision as specified in article 7 and perform a
community service order, as specified in article 11. Nevertheless,
such order shall not require the offender to perform less than forty
hours of work or more than one hundred hours in addition to any
number of hours of work still to be performed under any previous
community service order.
Duties of offender 
under combination 
order.
19. An offender in respect of whom a combination order is in
force shall:
( a ) report to the probation officer assigned to him by the
Director from time to time according to the
instructions issued by the probation officer;
( b ) report to the relevant authority from time to time
according to the instructions issued by the community
service officer;
( c ) perform satisfactorily for the number of hours
specified in the order such work at such times as shall
10 _g CAP. 446. PROBATION
be directed by or on behalf of the relevant authority;
( d ) notify the community service officer to whom the
offender is required to report under this subarticle of
any change of his address.
Applicable rules. 20. The provisions of this Act applicable to probation orders
and community service orders shall apply to combination orders.
Breach of 
conditions.
21. (1) If at any time during the probation period it appears to
the court by which the order was made that the probationer has
failed to comply with any of the requirements of the order, the
court may issue a summons requiring the probationer to appear
before such court at the place and time specified therein, or may, if
the circumstances so require, issue a warrant for the probationer’s
arrest:
Provided that except where the alleged failure is brought to
the attention of the court in a report by the probation officer, no
such summons or warrant shall be issued -
( a ) by the Criminal Court, or by the Court of Criminal
Appeal except on an information in writing filed by
the Attorney General;
( b ) by the Court of Magistrates (Malta), the Court of
Magistrates (Gozo) or by the Juvenile Court, except on
an information in writing and confirmed on oath.
In either case the information must be filed within three
months of the alleged failure by the probationer.
(2) If it is proved to the satisfaction of the court, that the
probationer has failed to comply with any of the requirements of
the community sanction order, that court may, without prejudice to
the continuance of the sanction, impose on the offender a fine
( ammenda ) not exceeding one hundred liri, or may deal with the
probationer, for the offence in respect of which the community
sanction was made, in any manner in which the court could deal
with the offender if he had just been convicted by or before that
court of that offence.
(3) A fine imposed under this article in respect of a failure to
comply with the requirements of a probation order shall be deemed
for the purposes of any enactment, but saving the provisions of
article 22(1), to be a sum adjudged to be paid following a
conviction.
Absolute or 
conditional 
discharge.
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 probation
order, a community service order or a combination order are not
appropriate, the court may make an order discharging the offender
absolutely, or, if the court thinks fit, discharging the offender
PROBATION  _g CAP. 446.  11
subject to the condition that he commits no offence during such
period, not exceeding three years from the date of the order, as 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 conditional
discharge" and the period specified in any such order as "the period
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 conditional
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 respect of
which the order for conditional discharge was made, that order
shall cease to have effect.
Conviction 
following an order.
23. (1) If a person in whose case a community sanction or an
order for conditional discharge has been made, is subsequently
convicted by or before any court of an offence committed during
the probation period or during the period of conditional discharge,
the court -
( a ) if it is the same court that had made the probation
order, the community service order, the combination
order or the order for conditional discharge, may deal
with that person for the offence for which the order
was made in any manner in which it could deal with
the offender if he had just been convicted by or before
that court of that offence;
( b ) if it is a different court, it shall commit that person
before the court by which the probation order, the
community service order, the combination order or the
order for conditional discharge was made and such
court shall as soon as practicable, cause such person to
appear or be brought before it, and on proof to its
satisfaction of the conviction in respect of the further
offence, may deal with that person for the offence for
which the order was made in any manner in which it
could deal with the offender if he had just been
convicted by or before it of that offence.
(2) Subject to the provision of subarticle (3), where a person is
dealt with for the offence for which he was placed on probation on
a community service order or a combination order or conditionally
discharged, it shall not be lawful for the court to place the offender
under a community sanction or to make an order as provided in
article 22(1).
(3) Subarticle (2) shall not apply where the offence committed
during the probation period or during the period of conditional
discharge and for which the person is subsequently convicted, is a
contravention or is a crime of involuntary homicide, or involuntary
12 _g CAP. 446. PROBATION
bodily harm, or involuntary damage to property.
(4) For the purpose of subarticle (1) -
( a ) the Court of Magistrates (Malta), the Court of
Magistrates (Gozo) and the Juvenile Court shall be
deemed to be the same court;
( b ) the Court of Criminal Appeal in the determination of
appeals from judgments of the Courts of Magistrates
(Malta), the Court of Magistrates (Gozo) and the
Juvenile Court shall be deemed to be a different Court
from the Court of Criminal Appeal in the
determination of appeals for decisions of the Criminal
Court.
Payment of 
damages.
Cap. 9.
24. (1) A court, on making a probation order, community
service order, combination order, an order for conditional discharge
or on discharging any offender absolutely may, without prejudice
to its power of awarding costs under articles 380 and 533 of the
Criminal Code, order the offender to pay such damages for injury
or compensation for the loss as the court thinks reasonable.
(2) An order for the payment of damages or compensation as
aforesaid may be enforced in like manner as if it had been given in
a civil action between the offender and the person to whom the
damages or compensation are ordered to be paid:
Provided that nothing in this article shall derogate from any
right of such person to recover any greater amount by any other
means from the offender or any other person liable to pay the same.
Effects of 
community 
sanction and 
discharge.
25. (1) Subject as hereinafter provided, a conviction for an
offence for which an order is made under this Act placing the
offender on a community sanction or discharging the offender
absolutely or conditionally shall be deemed not to be a conviction
for any purpose whatsoever other than -
( a ) the purposes of the proceedings in which the order is
made and of any subsequent proceedings which may
be taken against the offender under the foregoing
provisions of this Act, and
( b ) in the case of a public officer, the purposes or any
disciplinary proceedings which may be taken againsP,
or any disciplinary punishment which may be imposed
upon, such public officer in consequence of any such
conviction or of any of the facts constituting the
offence:
Provided that where an offender, being not less than
eighteen years of age at the time of the conviction of an offence for
which he is placed on a community sanction or conditionally
discharged as aforesaid, is subsequently sentenced for that offence,
the provisions of this subarticle shall cease to apply to the
conviction.
(2) Without prejudice to the foregoing provisions of this
article, the conviction of an offender who is placed on probation,
on a community service order, on a combination order or
PROBATION  _g CAP. 446.  13
discharged absolutely or conditionally as aforesaid shall in any
event be disregarded for the purposes of any enactment which
imposes or authorizes any interdiction, disqualification, disability
or other penalty upon convicted persons.
(3) The provisions of article 7(1), of article 11(2), of article 18,
and of article 23(1) and (2) shall not affect -
( a ) any right of any such offender as aforesaid to appeal
against the conviction or to rely thereon in bar of any
subsequent proceedings for the same fact;
( b ) the revesting or restoration of any property in
consequence of the conviction of any such offender;
Cap. 9.
any other provision of that Code or of any other law
relating to the forfeiture of any property or its
retention by the registrar of any court or by any other
officer authorized by law to seize or to retain any
property connected with criminal proceedings;
( d ) the making of any order under article 377 of the
Criminal Code or under the provisions or any other
law requiring or authorizing the making of any order
for the abatement of a nuisance or inconvenience or
for the carrying out of the law by the offender or by
the Police at the expense of the offender;
( e ) the liability of any such offender as aforesaid to be
required by the court to enter into his own
recognizance or to find a surety in terms of articles
249, 383 and 384 of the Criminal Code;
( f ) the making of any order by the court as to the payment
of costs under articles 380 and 533 of the Criminal
Code;
( g ) the operation of article 35(3), (5) and (6) of the
Criminal Code;
( h ) the right of any interested party to produce when
appropriate in any criminal or civil proceedings
evidence to show that a person discharged absolutely
or conditionally as aforesaid or in respect of whom a
community sanction has been made, who is a party to
the proceedings or is produced as a witness, has been
convicted of an offence, provided such evidence is
considered by the court to be relevant.
Regulations.
( a ) prescribing the qualifications for appointment of
probation officers;
( b ) prescribing the duties of the Director;
( c ) prescribing any duties of probation officers in addition
to those provided by this Act;
( d ) prescribing the forms of records to be kept by
probation officers under this Act;
14 _g CAP. 446. PROBATION
( e ) providing for regulations for the performance of work
under community service orders;
( f ) limiting the number of hours of work to be done under
such an order on any one day;
( g ) providing for the reckoning of time worked under such
orders;
( h ) regulating the discipline in, and other matters relating
to residential institutions approved by the Minister for
the purposes of article 7(6); and
( i ) generally for the better carrying out of the purposes
and provisions of this Act.
Rules of Court.
Cap. 12.
27. The Board referred to in article 29 of the Code of
Organization and Civil Procedure may, in accordance with the
provisions of that article, make Rules of Court regulating any
matter or proceeding had or taken under this Act and prescribing
the forms to be used for any such matter or proceeding and the fees
payable in respect thereto.
Transitory 
provision.
Cap. 152.
28. (The provisions of the Probation of Offenders Act
(repealed by this Act) shall continue to apply to any order or
conditional discharge issued under the provisions thereof prior to
the coming into force of this article.
