Probation Services Amendment Act

3 Words in bold type in square brackets indicate omissions from existing enactments. Words underlined with existing enactments. a solid line indicate insertions in (English text signed by the President.) (Assented to 31 October 2002.) ACT To amend the Probation Services Act, 1991, so as to insert certain definitions; to make further provision for programmes aimed at the prevention and combating of crime; to extend the powers and duties of probation officers; to provide for the duties of assistant probation,officers; to provide for the mandatory assessment of arrested children; to provide for the establishment committee; to provide for the designation matters connected therewith. of family finders; and to provide for of a probation advisory C’ B E IT ENACTED by the Parliament follows:- of .the Republic of South Africa, as Amendment of section 1 of Act 116 of 1991

1. Section 1 of the Probation Services Act, 1991 (hereinafter referred to as the principal Act), is hereby amended- ( a ) by the insertion before the definition of “authorized probation officer” of the following definitions: of developmental assessment “ ‘assessment’ means a process evaluation of a person, the family circumstances and circumstances surrounding the alleged commission of an offence, its impact on the victim, the attitude of the alleged offender in relation to the offence and any other relevant factor; ‘assistant probation officer’ means a person appointed under section 4A s-upervision of a probation officer;”; and who assists and works under the (b) by the insertion after the definition of “authorized probation officer” of the of the person, the nature or following definition: “ ‘child’ means any person under the age of 18 years;”; (c) by the insertion after the definition of “Director-General” of the following definitions: ‘‘ ‘diversion’ means diversion from the formal court procedure with or without conditions; ‘diversion programme’ means a programme within the context family and community- ( a ) in respect of a person who is alleged to have committed an offence; of the 5 10 15 20 and 25 . (b) which is aimed at keeping that person away from the formal court procedure; 4 GAZETTE, GOVERNMENT No. 24027 2002 7 NOVEMBER Act No. 35,2002 PROBATION SERVICES AMENDMENT ACT, 2002 of services, diversion ‘early intervention’ means the provision programmes and other programmes aimed at preventing the need for a person who is alleged to have co’mmitted an offence to be dealt with in terms of the formal court procedure; ‘family finder’ means a person appointed under section 9 and includes an assistant probation officer; ‘family group conferencing’ means a gathering convened by a probation officer as a diversion or sentencing option to devise a restorative justice response to ‘family member’ means biologically, by law or according to customary law; “ ‘home-based supervision’ means supervision under certain conditions where an arrested, accused, convicted or sentenced child in the care of his or her parents or guardian or in the custody of any other person, is monitored by an - a person who is related to another person the offence; officer;”; assistant probation . 5 , 10 15 I (d) by the insertion after the definition of “regulation” of the following definition: “ ‘restorative justice’ means the promotion of reconciliation, restitution and responsibility through the involvement child’s parents, family members, victims and the communities concerned;”; and of a child, and the .c (e) by the substitution for the definition of “supervision” of the following 20 definition: or “ ‘supervision’ means supervision sentenced person by a probation officer [by virtue] in terms of the provisions of any law;”. of [a] an accused, convicted Amendment of section 3 of Act 116 of 1991 25

2. Section 3 of the principal Act is hereby amended- (a) by the substitution for the words preceding paragraph (a) of the following words: “The Minister may, in respect establish or cause to be established programmes or services which are 30 aimed at-”; of different categories of persons, ( 0 ) by the substitution for paragraph (a) of the following paragraph: “(a) the prevention and combating of crime;”; ( c ) by the substitution for paragraph (dl of the following paragraph: “ ( d ) the assessment, care, [and] treatment, support, referral for and 35 provision of mediation in respect of the victims of crime;”; and (d) by the deletion at the end of paragraph (i) of the word “and” and the addition after paragraph (j) of the following paragraphs: “ ( k ) early intervention, including family group conferencing; and ( I ) restorative justice as part of appropriate sentencing and diversion options.”. 40 Amendment of section 4 of Act 116 of 1991 i ~ -

3. Section 4 of the principal Act is hereby amended by the addition to subsection (1) of the following paragraphs: “(i) the reception, assessment and referral of early intervention services and programmes, including mediation and family group conferencing; of an accused and the rendering 45 ( j ) the investigation of the circumstances of an accused and the provision of a pre-trial report recommending the desirability or otherwise of prosecution; (k) the investigation of the circumstances of a convicted person, the compiling of I 50 a pre-sentencing report, the recommendation of an appropriate sentence and I the givinx of evidence before the court.”. Insertion of sections 4A and 4B in Act 116 of 1991

4. The following sections are hereby inserted in the principal Act after section 4: ‘ I 6 No. 24027 GAZETTE, GOVERNMENT 7 NOVEMBER 2002 Act No. 35,-2002 PROBATION SERVICES AMENDMENT ACT, 2002 “Appointment and duties of assistant probation officers 4A. (1) The Minister may appoint as many suitable persons as he or she may deem necessary as assistant probation officers to perform the duties imposed by or under this Act or any other law on an. assistant probation officer. -(2) The duties of an assistant probation officer shall include- - 5 the monitoring of a child subject to home-based supervision; the monitoring of persons subject to supervision; family finding; the gathering of information for assessment by the probation officer; and . assisting a probation officer with his or her duties. i 0 Assessment of arrested child

4B. Any arrested child who has not been released shall be assessed by a probation officer as soon as reasonably possible, but before his or her first appearance in court in terms of section 50( l)(c) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977): Provided that if the child has not yet been assessed when brought before court may authorise the extension of the period within which the assessment must take place by periods not exceeding seven days at a time following his or her first court appearance.”. the court, the 15 20 I Insertion of section SA in Act 116 of 1991

5 . The following section is hereby inserted in the principal Act after section 8: “Establishment of probation advisory committee SA. The Minister may, in the prescribed manner, establish and maintain 25 a probation advisory committee to advise him or her on matters regarding probation services in the country.”. Insertion of section 15A in Act 116 of 1991

6. The following section is hereby inserted in the principal Act after section 15: “Family finders

15A. Whenever a child is brought before the court and the child’s parents at court, a probation officer may designate a or guardian is not present family finder to trace the parents or guardian and to brinp them to court in order to assist the child in the case.”. Short title

7. This Act is called the Probation Services Amendment Act, 2002. 30 35