Section 38 Probation orders to be made only after conviction.

(1)

In section 183(5A) of the 1975 Act (probation order)—

(a)

after the word “where” there shall be inserted “ an offender has been convicted of an offence punishable by imprisonment and ”; and

(b)

in paragraph (a), the words “has committed an offence punishable by imprisonment and” shall cease to have effect.

(2)

For paragraph (b) of subsection (2) of each of sections 186 and 387 of that Act (failure to comply with requirement of probation orders) there shall be substituted the following paragraph—

“(b)
sentence the offender for the offence for which the order was made;”.

(3)

In section 384 of that Act (probation)—

(a)

in subsection (1)—

(i)

for the words “charged before a court of summary jurisdiction with” there shall be substituted “ convicted of ”;

(ii)

the words from “and”, where it first occurs, to “offence”, in the third place where it occurs, shall cease to have effect; and

(iii)

for the words from “, without” to “applies),” there shall be substituted “ instead of sentencing him ”;

(b)

in subsection (5A)—

(i)

after the word “where” there shall be inserted “ an offender has been convicted of an offence punishable by imprisonment and ”; and

(ii)

in paragraph (a), the words “has committed an offence punishable by imprisonment and” shall cease to have effect; and

(c)

in subsection (6), the words “convicted of and” shall cease to have effect.

Notes on the whole Act

Textual amendments

F1: Act repealed (S.)(1.4.1996, except ss. 20(3)(5), 66) by 1995 c. 40, ss. 4, 6, 7(2), Sch. 3 Pt. II paras. 16(3), 17, Sch. 5; the repeal having effect in relation to s. 20(3)(5) on 1.4.1997 by virtue of 1995 c. 40, ss. 4, 6, Sch. 3 Pt. II para. 17, Sch. 5; 1995 c. 36, s. 105(4), Sch. 4 para. 60; S.I. 1996/3201, art. 3(7) and in relation to s. 66 on 1.8.1997 by virtue of 1997 c. 48, s. 62(1)(2), Sch. 1 para. 16, Sch. 3; S.I. 1997/1712, art. 3, Sch.