Report No. 64

5.49. Reasons to be recorded for not granting probation-section 10 to be amended.-

We consider it desirable to insert a provision that where in any case the court could have dealt with a convicted person by ordering probation, but has not done so, it shall record in its judgment the special reasons for not having done so.1 This is in regard to the first conviction for offences under sections 7 and 8. Section 10 is the appropriate place for such a provision, and' we recommend that it should be amended accordingly.

1. Cf. section 361, Code of Criminal Procedure, 1974.