Probation of First Offenders Act 1887

JurisdictionUK Non-devolved
Citation1887 c. 25
Year1887


Probation of First Offenders Act, 1887

(50 & 51 Vict.) CHAPTER 25.

An Act to permit the conditional Release of First Offenders in certain cases.

[8th August 1887]

W HEREAS it is expedient to make provision for cases where the reformation of persons convicted of first offences may, by reason of the offender's youth or the trivial nature of the offence, be brought about without imprisonment:

Be it therefore enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

S-1 Power to court to release upon probation of good conduct instead of sentencing to punishment.

1 Power to court to release upon probation of good conduct instead of sentencing to punishment.

(1)1.—(1.) In any case in which a person is convicted of larceny or false pretences, or any other offence punishable with not more than two years imprisonment before any court, and no previous conviction is proved against him, if it appears to the court before whom he is so convicted that, regard being had to the youth, character, and antecedents of the offender, to the trivial nature of the offence, and to any extenuating circumstances under which the offence was committed, it is expedient that the offender be released on probation of good conduct, the court may, instead of sentencing him at once to any punishment, direct that he be released on his entering into a recognizance, with or without sureties, and during such period as the court may direct, to appear and receive judgment when called upon, and in the meantime to keep the peace and be of good behaviour.

(2) (2.) The court may, if it thinks fit, direct that the offender shall pay the costs of the prosecution, or some portion of the same, within such period and by such instalments as may be directed by the court.

S-2 Provision in case of offender failing to observe conditions of his recognizances.

2 Provision in case of offender failing to observe conditions of his recognizances.

(1)2.—(1.) If a court having power to deal with the offender in respect of his original offence, or any court of summary jurisdiction, is satisfied by information on oath that the offender has failed to observe any of the conditions of his recognizance, it may issue a warrant for his apprehension.

(2) (2.) An offender, when apprehended on any such warrant, shall, if not brought forthwith before the court...

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