(1) Subject to subsection (2), where a Court by which a person is convicted of an offence (not being an offence the sentence for which is fixed by law) is of opinion that having regard to the circumstances including the nature of the offence and the character of the offender, it is expedient to do so, the Court may, instead of sentencing him or her, make a probation order.
(2) The Court shall, before making a probation order, explain to the offender in ordinary language the effect of the order and that, if he or she fails in any respect to comply with the order or commits another offence, he or she will be liable to be sentenced for the original offence; and if the offender is not less than 14 years of age the Court shall not make the probation order unless he or she expresses his or her willingness to comply with the conditions of the order.