Laws of Malawi

PROBATION OF OFFENDERS: SUBSIDIARY LEGISLATION

Muli bwanji!Lilongwe

PROBATION OF OFFENDERS: SUBSIDIARY LEGISLATION

CONSTITUTION OF PROBATION COMMITTEES

under s. 15 (2)

G.N. 153/1961

ZOMBA DISTRICT

    A Probation Committee has been constituted for the Zomba District consisting of the following members—

        The Resident Magistrate, Zomba

        The District Commissioner, Zomba

    All Probation Officers performing their duties in the Zomba District.

PROBATION OF OFFENDERS (PROBATION COMMITTEE) RULES

under s. 16

G.N. 98/1961

1.    Citation

    These Rules may be cited as the Probation of Offenders (Probation Committee) Rules, and shall apply to every probation committee appointed under section 15 (2) of the Act.

2.    Interpretation

    In these Rules, unless the context otherwise requires—

    “area of jurisdiction” means the area for which a probation committee is appointed;

    “committee” means a probation committee appointed under section 15 (2) of the Act.

3.    Appointment of chairman and secretary

    A committee shall elect from amongst its members a chairman and a secretary.

4.    Quorum

    Three members of a committee including the chairman shall form a quorum.

5.    Casting vote

    The chairman shall in addition to a deliberative vote have a casting vote.

6.    Meetings of Committees

    A committee shall hold a meeting at least once in every three months.

7.    Special meetings

    A meeting of a committee may be summoned at any time at the discretion of the chairman.

8.    Duties of Probation Committee

    Every committee shall—

    (a)    consider any written or oral reports received from probation officers within its area of jurisdiction;

    (b)    discuss from time to time with probation officers the progress of cases under their supervision and afford them such help and advice as it can in carrying out their duties;

    (c)    satisfy itself as to the manner in which probation officers within its area of jurisdiction perform their duties;

    (d)    at the direction of the principal probation officer exercise general supervision over the making and keeping of records by probation officers within its area of jurisdiction;

    (e)    furnish to the principal probation officer and the Secretary for Labour a copy of the minutes of all meetings and business transacted by the committee;

    (f)    be responsible for the implementation within the area of its jurisdiction of all directives and policies regarding probation work issued by the principal probation officer.

9.    Duties of Secretary

    It shall be the duty of the secretary of a committee—

    (a)    to keep or arrange for the keeping of the minutes of the proceedings of all meetings of the committee. Such minutes shall be signed by the chairman;

    (b)    to arrange for the keeping of such records as may be directed by the principal probation officer from time to time under rule 8 (f);

    (c)    to arrange for the distribution of copies of all minutes of meetings and business transacted at committee meetings, in accordance with rule 8 (e).

PROBATION OF OFFENDERS RULES

under s. 16

G.N. 3/1946

1.    Citation

    These Rules may be cited as the Probation of Offenders Rules.

2.    Duties of principal probation officer

    The principal probation officer shall—

    (a)    receive and consider the written and oral reports of probation officers;

    (b)    make or direct the making of any communication which may be necessary to the court;

    (c)    discuss from time to time with probation officers the progress of cases under their supervision and afford them such help and advice as he can in carrying out their duties;

    (d)    satisfy himself as to the manner in which probation officers perform their duties and consider and investigate any complaint against probation officers in the execution of such duties;

    (e)    exercise a general supervision over the making or keeping of records by probation officers.

3.    Duties of probation officers

    (1) A probation officer shall make such preliminary inquiries, including inquiries into the home surroundings, as the court may direct, in respect of any offender in whose case the making of a probation order may arise.

    (2) A probation officer shall, when required by a probation order, undertake the supervision of any offender.

    (3) A probation officer shall, subject to any directions given to him by the court—

    (a)    visit from time to time the place of residence of probationers and make inquiry as to their behaviour, mode of life, and employment;

    (b)    ascertain that probationers understand the conditions of their recognizances, and by warning and persuasion endeavour to secure their observance of them;

    (c)    advise, assist and befriend probationers and where necessary endeavour to find them employment.

4.    Reports by probation officers

    (1) A probation officer shall report to the court in accordance with any directions given by the court in the probation order or otherwise.

    (2) A probation officer shall report as to the conduct and mode of life of probationers, and generally as to their progress, to the principal probation officer.

    (3) If a probationer fails…

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