In forceAs enacted

Contents

Subsidiary Legislation · As enacted

Offenders (Probation and Community Service) Regulations, 2007

Official textFrom Attorney General's Chambers, unchanged

s 1These Regulations may be cited as the Offenders [Probation and Community

Service) Regulations, 2007 and shall commence on the date appointed for the commencement of the Offenders (Probation and Community Service) Order, 2006

(S 6/2006).

Duties of Chief Probation Officer.

s 2

The duties of the Chief Probation Officer are as follows-

(a)

to be responsible to the Minister, or such other person as the

Minister may appoint, for the administration of the probation service;

(b)

to assign probation officers;

(c)

to maintain a register of all volunteer probation officers appointed under subsection (2) of section 3 of the Order;

(d)

to maintain case-records and statistics of the work undertaken by probation officers;

(e)

to submit to the Minister in the month of January of each year a return of all persons dealt with during the preceding year; and

(f)

to perform such other duties as may be required to be performed by him under the Order, or by the Minister or by any person appointed by the Minister.

Probation committee.

s 3( 1)

There is hereby appointed a probation committee consisting of the following persons -

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{a)

the Permanent Secretary of the Ministry of Culture, Youth and

Sports or his representative;

{b)

the Attorney General or his representative;

{c)

the Commissioner of Police or his representative;

{d)

Director of Community Development;

{e)

the Chief Probation Officer;

{f)

the Chief Magistrate or his representative; and

{g)

5 other persons to be appointed by the Minister;

(2)

The probation committee shall consist of male and female members.

Chairman of committee.

s 4

The probation committee shall appoint one of its members to act as chairman.

Absence of chairman.

s 5

If the chairman is absent from any meeting of the probation committee, the members present shall elect from amongst themselves a person to be the chairman.

Secretary to committee.

s 6

The Chief Probation Officer shall be the secretary to the probation committee.

Meetings of probation committee.

Subject to these Regulations, the probation committee shall meet at such times and places and shall make such arrangements as to the transaction and management of its business as it thinks proper, and may regulate its own procedure.

Quorum.

s 8

No business shall be transacted at any such meeting unless 6 or more members of the probation committee are present.

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Voting.

s 9

Every question at a meeting of the probation committee shall be determined by a majority of the votes of the members present and voting.

Chairman's casting vote.

s 10

In the event of an equality of votes, the chairman shall have a casting vote.

Saving.

s 11

The proceedings of the probation committee shall not be invalidated by reason of any vacancy amongst its members or any defect in the mode of appointment of any of its members.

Case committees.

s 12

The probation committee shall appoint from among its members one or more case committees to deal with persons placed on probation.

Convenor of case committees.

s 13

The Chief Probation Officer shall act as convenor of any case committee.

Duties of case committees.

s 14

A case committee shall -

(a}

receive and consider written and oral reports from probation officers and volunteer probation officers on the progress of each of the cases under their supervision;

(bJ afford such help and advice to probation officers and volunteer probation officers in performing their duties; and

(c}

direct, where necessary, any information furnished to the committee to be given to the court;

Reports by volunteer probation officers.

s 15

Without prejudice to the foregoing prov1s10ns of these Regulations, any report by a volunteer probation officer may be presented to the case committee or to the court by a probation officer on behalf of that volunteer probation officer.

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Annual reports of case committees.

s 16

A case committee shall furnish an annual report to the probation committee.

Medical etc. reports.

s 17

Where a court requires a pre-sentence report to be accompanied by a medical, psychiatric or psychological report on the person to whom that pre-sentence report relates, the probation officer shall obtain the medical, psychiatric, psychological report or any other relevant reports and forward it to the court with the pre-sentence report.

Probation officer to have access to medical etc. reports.

s 18

In the preparation of a pre-sentence report, the probation officer shall have access to and shall consider the contents of any medical, psychiatric, psychological report or any other relevant reports.

Supervision.

s 19

Subject to any provision in a probation order, a probation officer or volunteer probation officer who undertakes the supervision of any probationer shall

{a}

ensure that he understands

(i)

the effect of the order placing him under his supervision; and

(ii)

the court's power to amend or discharge the order;

{b}

keep in close contact with the probationer, and unless there is good reason for not doing so, visit his residence from time to time and require him to report at stated intervals:

Provided that the number of meetings for the first month of probation shall not be less than one a week;

{c} where appropriate, i~ respect of that probationer, make use of any statutory or voluntary agency which might contribute to his welfare and take advantage of any available social, recreational, religious or educational facilities suited to the probationer's age, ability and temperament; and

(d)

where appropriate, endeavour to ensure that probationer is in suitable and regular employment.

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Case-records.