Section 12 Supplementary provision as to probation and discharge.

England and Wales

(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.

F1(2)

Where an order for conditional discharge has been made on appeal, for the purposes of this Act it shall be deemed—

(a)

if it was made on an appeal brought from a magistrates’ court, to have been made by that magistrates’ court;

(b)

if it was made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, to have been made by the Crown Court.

(3)

In proceedings before the Crown Court under the preceding provisions of this Act, F2any question whether any person in whose case an order for conditional discharge has been made has been convicted of an offence committed during the period of conditional discharge shall be determined by the court and not by the verdict of a jury.

F3(4)

Nothing in section 1A of this Act shall be construed as preventing a court, on discharging an offender absolutely or conditionally in respect of any offence, from making an order for costs against the offender or imposing any disqualification on him or from making in respect of the offence an order under section 35 or 43 of this Act or section 28 of the M1Theft Act 1968.