Power of Court to pass sentence of detention in Borstal school

[(1)] Where it appears to a Court having jurisdiction under this Act that an adolescent offender should, by reason of his criminal habits or tendencies, or association with persons of bad character, be subject to detention for such term and under such instruction and discipline as appears most conducive to his reformation and the repression of crime, it shall be lawful for the Court, in lieu of passing a sentence of imprisonment, to pass a sentence of detention in a Borstal school for a term which shall not b= less than two years and shall not exceed five years [but in no case extending b2yond the date on which the adolescent offender will, in the opinion of the Court, attain the age of twenty-three years].

1. (2) Before passing a sentence of detention in a Borstal school under sub-section (I), the court-
   • (a) shall call for a report from the Probation Officer of the area in which the offender permanently resided at the time when he committed the offence and shall consider such report,
   • (b) shall consider any other report or representation which may be made to it, and as to the suitabitv of the case Pot. treatment in; a Borstal school and shall be satisfied that the character, state , of health and rnen!al condition of the offender and the other circumstances of the case are such that the offender is likely to profit by such instruction and discipline as aforesid.
2. (3) The report of a Probation Officer referred to in sub-section (2) shall be treated as confidential : Provided that the court may, if it so thinks fit, ~m.unicate the substance thereof to the offender and may give him an opportunity of producing such evidence as may be relevant to the matter stated in tbe report].