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- Point in Time (01/10/1992)
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Version Superseded: 30/09/1998
Point in time view as at 01/10/1992. This version of this provision has been superseded.
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(1)Any court may, on making a probation order or an order for conditional discharge under this Part of this Act, if it thinks it expedient for the purpose of the reformation of the offender, allow any person who consents to do so to give security for the good behaviour of the offender.
(2)For the purposes of this Act, except [F1.section 2(4)], where a probation order or an order for conditional discharge has been made on appeal, the order shall be deemed to have been made by the court from which the appeal was brought.
(3)In proceedings before the Crown Court under the preceding provisions of this Act, any question whether a probationer has failed to comply with the requirements of the probation order, and any question whether any person in whose case a probation order or an order for conditional discharge has been made has been convicted of an offence committed during the probation period or, as the case may be, the period of conditional discharge, shall be determined by the court and not by the verdict of a jury.
(4)Nothing in [F2section 1A or 2] of this Act shall be construed as taking away any power of the court, on making a probation order in respect of an offender or discharging an offender absolutely or conditionally, to order him to pay costs or compensation [F3or to make an order under section 43 below].
Textual Amendments
F1Words in s. 12(2) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11, para. 11(a); S.I. 1992/333, art. 2(2), Sch.2
F2Words in s. 12(4) substituted (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11, para. 11(b); S.I. 1992/333, art. 2(2), Sch. 2
F3Words added by Criminal Justice Act 1988 (c. 33, SIF 39: 1), s. 69(2), Sch. 8 para. 16 (with s. 28).
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