The Probation of Offenders Rules, 2020
This is the interpretation section for Part II, which covers operational objectives and national standards for probation services.
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About this statute
This is the interpretation section for Part II, which covers operational objectives and national standards for probation services. This section is titled “Power of court to make probation orders.” This section sets out principles guiding probation institutions. This section is titled “Protection against harassment.” This section is about the duties of the director of the probation division.
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Provisions of The Probation of Offenders Rules, 2020
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Interpretation
AI-assisted research summary: This is the interpretation section for Part II, which covers operational objectives and national standards for probation services.
3. Interpretation. PART II OPERATIONAL OBJECTIVES AND NATIONAL STANDARDS FOR PROBATION SERVICES
Part
PART II
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Power of court to make probation orders
AI-assisted research summary: This section is titled “Power of court to make probation orders.”
4. Power of court to make probation orders. - 11 Verify source ↗
Principles guiding probation institutions
AI-assisted research summary: This section sets out principles guiding probation institutions.
11. Principles guiding probation institutions. - 13 Verify source ↗
Protection against harassment
AI-assisted research summary: This section is titled “Protection against harassment.”
13. Protection against harassment. 1 GN NO.824 (Conted) Probation of Offenders PART III DUTIES OF DIRECTOR OF PROBATION AND PROBATION OFFICERS - 4 Verify source ↗
(1) Where a person is charged with an offence
AI-assisted research summary: If a charge is proved in a primary or subordinate court, the court may make a probation order instead of or after conviction, and may also require the offender to enter into a bond, with or without sureties.
4.-(1) Where a person is charged with an offence which is triable by primary court or subordinate court and the court thinks that the charge is proved but is of the opinion that, having regard to the youth, character, antecedents, home surroundings, health or mental condition of the offender, or the nature of the offence, or to any extenuating circumstances in which the offence was committed, it is expedient to release the offender on probation, the court may- (a) convict the offender and make a probation order; or (b) without proceeding to conviction, make a probation order, provided that the order complies with the requirements of the Act and these Rules. (2) Where the court considers it necessary for effective execution of the probation order, it may direct the offender to enter into bond with or without sureties. (3) A probation order made under this rule shall be in Form No. 1 prescribed in the Schedule. Probation objectives - 5 Verify source ↗
The purpose of probation under the Act and the Rules
AI-assisted research summary: This provision states the purposes of probation under the Act and Rules, including using probation as a correctional alternative, limiting it to appropriate cases, and organizing probation services as part of social work services.
5. The purpose of probation under the Act and the Rules shall be to- (a) provide the courts with a credible correctional alternative by requiring offenders who qualify to in undergo probation for a specified period accordance with the probation order; (b) ensure probation is recommended and used only in appropriate cases; (c) ensure probation services are organised and managed as an integral part of the social work services provided by local authorities and other relevant stakeholders; (d) ensure probation services are characterized by: 4 GN NO.824 (Conted) Probation of Offenders (i) partnership with local communities in the change behaviour of provision opportunities; to (ii) a range of institutions offering probation the services which are valuable community, victims and the offenders; (iii) a sufficient range of probation services, suited the particular needs and requirements of special groups such as women, are pregnant, people who are sick, disabled as well as juveniles who come into conflict with the law; those who especially to (iv) clear, realistic, but challenging standards of behaviour change and supervision. (v) good quality supervision; including rapid follow-up of violation of a probation order, consistent and application of sanctions in the event of non-compliance; (vi) access to counselling and help with personal, domestic or family problems which might interfere with the successful completion of the probation order; and (vii) close working relationships with the officials, judiciary and other court including clear and timely procedures for dealing with breach and review of the probation order. (e) ensure probation services are managed and further developed in a manner which is consistent with local and international standards and results in a non-custodial correctional alternative, which is credible and fair in the eyes of courts, local communities, victims and the offenders. Guiding principles - 6 Verify source ↗
The court shall, in granting a probation order ,have
AI-assisted research summary: When granting a probation order, the court must consider the purpose of probation, the probationer’s willingness to accept probation conditions, supervision while on probation, and any other factors the court decides are relevant.
6. The court shall, in granting a probation order ,have regard to the following: (a) bear in mind the purpose of probation; (b) probationer’s readiness to be bound by the the corresponding probation conditions and 5 GN NO.824 (Conted) Probation of Offenders Probation standards Purpose of probation consequences in case of breach of the conditions; (c) securing supervision of the probationer while on probation; and (d) such other factors as the court may determine in that behalf. - 7 Verify source ↗
(1) The probation division shall apply management
AI-assisted research summary: The probation division must apply clear, consistent, and fair management standards and practices, and a probation officer may depart from them in exceptional circumstances where justice requires it.
7.-(1) The probation division shall apply management standards and practices which are clear, consistent and fair in order to increase the faith of the general public in the criminal probation system. (2) The standards referred to under subrule (1) shall be flexible to allow the officers concerned to exercise managerial flexibility and professional judgements. (3) Without prejudice to the provisions of subrules (1) and (2) of this rule, on exceptional circumstances, where justice so requires, a probation officer may depart from the management standards and practices in order to expedite the probation process. - 8 Verify source ↗
(1) A person involved in the implementation of
AI-assisted research summary: People involved in probation services must follow the principle that probation is a non-custodial penalty focused on supervision and behaviour change.
8.-(1) A person involved in the implementation of probation services shall be guided by the principle that, probation is a non-custodial penalty that requires supervision and behaviour change by the offender over a specified period of time. (2) In pursuance to subrule (1), probation shall be conducted in such a way that affords the probationer an opportunity for behaviour change and ultimate re-integration in the community. Probation institutions - 9 Verify source ↗
(1) The following institutions shall be eligible for
AI-assisted research summary: Some institutions are eligible to receive offenders for probation, and a local probation committee may approve additional institutions if probation standards still apply.
9.-(1) The following institutions shall be eligible for receiving offenders for probation purposes: (a) training institutions of all categories recognised by the relevant regulatory bodies; and institutions (b) treatment related centres recognised by the relevant regulatory bodies ; (c) institutions where the probationer has had a long term to formal employment; and (d) institutions established and organised by the government for rehabilitation purposes. (2) The probation committee with jurisdiction in the respective area may approve other institutions not listed under 6 GN NO.824 (Conted) Probation of Offenders Review of probation institutions Principles guiding probation institutions Duties of probation institutions Protection against harassment subrule(1) as institutions fit for probation purposes, provided that, the probation standards shall apply to all the institutions regardless of the categorization. - 10 Verify source ↗
The director of probation division may cause
AI-assisted research summary: The director of probation division may arrange periodic reviews and assessments of probation institutions and must keep a record of the assessment date and contents.
10. The director of probation division may cause probation institutions to be reviewed and assessed periodically and a record thereof shall be kept by the director containing the date and the contents of the assessment. - 11 Verify source ↗
A probation institution shall, in the course of
AI-assisted research summary: A probation institution must keep probationer details secret and apply health and safety and national probation standards while carrying out its functions.
11. A probation institution shall, in the course of discharging its functions adhere to the following- (a) keeping in secret the details of the probationers; (b) to apply healthy and safety standards; and (c) to apply national probation standards. - 12
AI-assisted research summary: Probation institutions must carry out specified supervision functions for probationers.
12. In the course of supervising probationers, probation institutions shall perform the functions specified hereunder: (a) to ensure probationers are in attendance at all times as may be required; (b) to furnish probation officers with attendance sheets for probationers, particularizing hours worked every day; (c) to make maximum use of the probation standards and practices; (d) to ensure probationers conduct themselves in good behaviour; and (e) to perform any other duty as may be directed in that behalf. - 13 Verify source ↗
(1) A probation officer shall ensure probationers are
AI-assisted research summary: Probation officers must prevent harassment of probationers during probation and work with probation institutions on supervision and related measures.
13.-(1) A probation officer shall ensure probationers are not subjected to any harassment during probation period. (2) In ensuring proper supervision and prevention of harassment, probation officers shall have the following obligations towards probation institutions: (a) to explain the nature of probation and the obligations placed on the probationers; (b) to consider views from probationers referred to a given institution; 7 GN NO.824 (Conted) Probation of Offenders (c) to offer relevant the probationer's background and criminal history, including the nature of the current offence; information about (d) to agree on the supervision of offenders placed on probation; (e) to outline the nature and extent of assistance the institution may expect from the probation officer; (f) to agree on all disciplinary measures which may be taken, including instituting court proceedings; and (g) to ensure probationers are not placed institutions which don’t meet the standards. in PART III DUTIES OF DIRECTOR OF PROBATION DIVISION AND PROBATION OFFICERS Duties of director of probation division
Part
PART III
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Duties of director of probation division
AI-assisted research summary: This section is about the duties of the director of the probation division.
14. Duties of director of probation division. - 16 Verify source ↗
Duties of probation officers
AI-assisted research summary: This section is titled “Duties of probation officers.”
16. Duties of probation officers. PART IV FUNCTIONS OF PROBATION COMMITTEES - 14 Verify source ↗
The director of probation division shall be
AI-assisted research summary: The director of probation division must run the division and carry out specified management, reporting, supervision, and support duties.
14. The director of probation division shall be responsible- (a) to run the day to day activities of the probation division; (b) to advise the Permanent Secretary on the proper implementation of the Act; (c) to direct and supervise the implementation of probation orders in the country; (d) to be the secretary to the National Probation Committee; (e) to issue guidelines for implementation of probation orders in the country; (f) to supervise implementation of policy decision as directed by the Minister (g) to collate and correlate data on the operation of the probation service; (h) to prepare and submit to the relevant authority annual reports on probation activities; (i) for the custodian of assets, records, seal and all other properties of the service; (j) to build capacity of local government authorities in the management and implementation of probation and community service orders; (k) to design rehabilitation programs; and 8 GN NO.824 (Conted) Probation of Offenders Probation officers Duties of probation officers (l) to perform any other duty as may be assigned by the Permanent Secretary. - 15 Verify source ↗
(1) Officers employed by the government in
AI-assisted research summary: Government probation officers are treated as probation officers under the Act and Rules; where none exist, the probation division may appoint volunteers, and those volunteers may receive allowances set by the Minister after consultation.
15.-(1) Officers employed by the government in probation division as probation officers shall, by all purposes and intents, be probation officers for the purposes of the Act and these Rules. (2) In areas where there are no probation officers, the probation division may designate volunteers to discharge the duties of probation officers. (3)The volunteers referred to in subrule (2) may receive such allowances as the Minister may, after consultation with the Minister responsible for public service, determine. - 16 Verify source ↗
The duties of probation officers shall be to
AI-assisted research summary: Probation officers must perform listed probation-service duties, including court attendance, reports, counseling, records, supervision, and data work.
16. The duties of probation officers shall be to - (a) attend court sessions; (b) advice the court on the suitability of the offender to be placed under probation; (c) apply to the court for review of probation orders; (d) conduct social investigations and provide pre- sentence reports to the court in a prescribed form; (e) arrange appropriate treatment programs for offenders placed under probation; (f) compile data relating to offenders placed on probation; (g) undertake counseling of offenders for rehabilitation in collaboration with any other organization dealing with similar matters; (h) provide counseling services to offenders and victims of crimes; (i) maintain admission register of offenders placed on probation; (j) facilitate and promote reconciliation of offenders and the community, (k) guide against discriminatory practices in dealing with offenders. (l) maintain confidentiality of information relating to offenders; (m) maintain accurate and up to date probation records in the prescribed forms; 9 GN NO.824 (Conted) Probation of Offenders (n) monitor and supervise probationers who are under probation; (o) facilitate public sensitization and train stakeholders on matters relating to probation services; records of offenders (p) update released under probation services; (q) collect, correlate and disseminate data related to probationers; (r) to conduct home visits; and (s) to perform any other duty as may be assigned by the Director. Probation service committees. Cap. 291 Duties national probation committee PART IV FUNCTIONS OF PROBATION COMMITTEES
Part
PART IV
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Duties of National Probation Committee
AI-assisted research summary: Section 18 is titled “Duties of National Probation Committee.”
18. Duties of National Probation Committee. - 19 Verify source ↗
Duties of regional, district, ward and village probation service committees
AI-assisted research summary: This section is about the duties of regional, district, ward, and village probation service committees.
19. Duties of regional, district, ward and village probation service committees. PART V PROBATION ARRANGEMENTS AND PERFORMANCE - 17 Verify source ↗
The National, regional and district committees
AI-assisted research summary: The listed committees are to be designated as probation committees for purposes of the Act and these Rules.
17. The National, regional and district committees established under the Community Service Act shall, for the purposes of the Act and these Rules, be designated as the national, regional, district, ward and village probation committees respectively. of - 18 Verify source ↗
The national committee shall perform the following
AI-assisted research summary: The national committee must advise the Minister, supervise probation officers, and collect data on how the Act is working.
18. The national committee shall perform the following functions: (a) to advise the Minister generally on the proper implementation of the provisions of the Act and these Rules and shall in particular advice upon any matter referred to it by the Director of Probation Service division; (b) to coordinate, direct and supervise the work of probation officers; and (c) to collect and collate data on the operation of this Act for the purpose of improving the national policy with respect to probation orders. Duties of regional, district, ward and village probation service committees - 19 Verify source ↗
The regional, district, ward and village committees
AI-assisted research summary: Regional, district, ward, and village committees must carry out listed probation-related functions.
19. The regional, district, ward and village committees shall perform the functions specified hereunder: (b) liaison with (a) to assess risks and manage intervention process with probationers throughout the probation period; for placement of probationers who require specialized treatment in their areas of jurisdiction; 10 institutions GN NO.824 (Conted) Probation of Offenders (c) to identify factors contributing behavior develop intervention plans to address them; and to to criminal corresponding (d) to approve institutions probationers in their areas of jurisdiction; and (e) to perform any other duty as may be directed by the for placement of national probation committee or the director. PART V PROBATION ARRANGEMENTS AND PERFORMANCE Assessment for probation
Part
PART V
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Monitoring, evaluation and training
AI-assisted research summary: Section 27 is titled “Monitoring, evaluation and training.”
27. Monitoring, evaluation and training. - 28 Verify source ↗
Training benchmarks
AI-assisted research summary: Section heading: “Training benchmarks” in Part VI (Disciplinary Matters).
28. Training benchmarks. PART VI DISCIPLINARY MATTERS - 20 Verify source ↗
A probationer shall not be placed on probation
AI-assisted research summary: A probationer cannot be placed on a probation program unless the stated probation-officer and court steps are taken.
20. A probationer shall not be placed on probation program unless where- (a) a probation officer the process for determining whether the offender should be placed on probation; initiates (b) the court requires the production of social enquiry report (SER) to determine the suitability of the offender to be placed for probation; and (c) the court requires additional information regarding the suitability of the offender to be placed for probation, having received the social enquiry report (SER). Granting probation orders - 21 Verify source ↗
(1) Before granting a probation order, the court
AI-assisted research summary: Before a probation order is granted, the court must explain the associated liabilities to the offender, and the offender must sign the order to show acceptance of its terms.
21.-(1) Before granting a probation order, the court shall endeavour the fully corresponding liabilities associated with the granting of the order. the offender to explain to (2) Pursuant to subrule (1), the offender shall sign the probation order as a sign of acceptance of the terms and conditions prescribed therein. Post sentence arrangements - 22 Verify source ↗
(1) A copy of the probation order shall be furnished
AI-assisted research summary: The clerk of the court must give the offender a copy of the probation order on the day it is made, and the offender must follow its stated terms and conditions until it expires.
22.-(1) A copy of the probation order shall be furnished to the offender by the clerk of the court on the day on which the probation order is made. (2) An offender released on probation order shall comply with the terms and conditions stated therein until when the order expires. 11 GN NO.824 (Conted) Probation of Offenders Probation instructions Probationers to have case files - 23 Verify source ↗
(1) An offender shall be furnished with probation
AI-assisted research summary: The court must give an offender written probation instructions, and the offender must sign them.
23.-(1) An offender shall be furnished with probation instructions written by the court, which shall contain treatment plan of the offender on probation and which by any means shall not extend beyond the probation period stated therein. (2)The instructions referred under subrule (1) shall contain commencement date, place or institution in which the probation order is to be executed and a checklist of conduct to be exhibited by the offender as indication of positive behaviour change. (3) Where any changes are made to the instructions, the offender shall be notified promptly in writing. (4) The offender shall sign the copy of the original probation instruction or a further copy of the original in case of amendment. (5) A probation officer shall witness signing and dating of the probation instructions. - 24 Verify source ↗
(1) A probation officer shall keep a file in respect
AI-assisted research summary: A probation officer must keep a file for each offender under probation and record the required case details. Offenders may access information in the case files, subject to procedure and not jeopardizing probation instructions.
24.-(1) A probation officer shall keep a file in respect of each offender placed under probation program, which shall contain the particulars of the probationer, the offence convicted with, records of supervision, attendance register and other details which are necessary for better carrying out of the order. (2) The file referred to under subrule (1) shall form part of the official records of the case, and on request, the file or a copy thereof may be furnished to the offender. (3) Without jeopardizing the probation instructions, offenders may have access to information contained in the case files kept by probation officers in accordance with a procedure specified in that behalf. (4) The attendance register and records of supervision kept in terms of subrule (1) shall be in Form No.7 and Form No. 8 respectively, prescribed in the Schedule. Prohibition from alcohol and drugs - 25 Verify source ↗
(1) An offender shall at all times refrain from the use
AI-assisted research summary: An offender serving under a probation program must not use drugs or alcohol.
25.-(1) An offender shall at all times refrain from the use of drugs or alcohol while serving under a probation program. (2) An offender shall not be deemed to have infringed subrule (1) where the consumption of such alcohol or drugs is caused by another person without a prior knowledge of the offender at the time of such consumption. 12 GN NO.824 (Conted) Probation of Offenders Performance standards - 26 Verify source ↗
(1) Each offender shall endeavour to attain the
AI-assisted research summary: Probationers must follow probation instructions and behave in a way that shows positive change during probation; probation officers must ensure standards are met and may investigate failures.
26.-(1) Each offender shall endeavour to attain the as behaviour and prescribed standards performance administered by the probation officers. (2) The standards referred to in subrule (1), shall be analyzed on the basis that- (a) the probationer shall, during probation, conduct himself in a way that demonstrates a positive change of behaviour and attitude; (b) the a probationer shall adhere to the probation instructions to the standards laid down by these Rules; and (c) the a probationer shall perform his duties in a that manifests a positive change of manner behaviour. (3) A probation officer shall ensure that, probationers meet the required standards, and may, in the event of a probationer failing to meet the prescribed standards, carry out investigations to find out the reasons thereof. Monitoring, evaluation and training - 27 Verify source ↗
(1) There are shall be an information system which
AI-assisted research summary: A probation officer must send periodic returns to the director of probation division when the director says, and must also prepare and submit periodic probation service reports in the prescribed Form No. 11.
27.-(1) There are shall be an information system which shall be used to- (a) assess the impact of probation on sentencing practice; (b) identify the characteristics and responses of offenders placed on probation; (c) monitor and evaluate the efficiency of management standards; the cost (d) assess implementing probation orders in relation to other sentences; and legislation, policy and implication of (e) recommend review of practice; where necessary. (2) A probation officer shall compile and dispatch periodic returns to the director of probation division within such times as the director may determine. (3) For purposes of ensuring an efficient information system, a probation officer shall also prepare and submit periodic probation service reports in Form No. 11 prescribed in the Schedule. Training - 28 Verify source ↗
(1) For effective performance of its functions, the
AI-assisted research summary: The probation division must have enough social-work specialists, work with stakeholders to research probation practices, and its director may coordinate related studies and information-sharing.
28.-(1) For effective performance of its functions, the 13 GN NO.824 (Conted) Probation of Offenders benchmarks probation division shall have enough number of specialists in matters related to social works. (2) In accordance to subrule (1), the probation division in collaboration with stakeholders shall conduct researches related to probation related practices in order to acquire the best practices in the area. (3) The director of probation division may co-ordinate studies and dissemination of information relating to strategies and the best practices in matters relating to probation. PART VI DISCIPLINARY MATTERS Disciplinary offences
Part
PART VI
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Revocation and savings
AI-assisted research summary: This section is titled “Revocation and savings.”
37. Revocation and savings. ______ SCHEDULE _______ 2 Probation of Offenders GN NO.824 (Conted) GOVERNMENT NOTICE NO 824 published on 02/10/2020 THE PROBATION OF OFFENDERS ACT, (CAP. 247) ______ RULES ______ (Made under section 16) ______ THE PROBATION OF OFFENDERS RULES, 2020 PART I PRELIMINARY PROVISIONS Citation - 29 Verify source ↗
A probationer shall be liable to disciplinary action
AI-assisted research summary: A probationer may face disciplinary action for listed breaches of probation conditions.
29. A probationer shall be liable to disciplinary action where he commits any of the following : (a) failure to report to the probation officer on the date and at time agreed for discussing progress of the probation program; (b) where a probationer refuses without any justifiable cause to receive a home visit by a probation officer or any other person appointed by the probation officer; (c) furnishing false information to the probation officer; (d) refusing to participate in any reformative program as may be directed by the probation officer; (e) where the probationer absconds; (f) colluding with the probation officer or any other to evade his responsibility while on person probation; (g) offering bribe or attempting to bribe the probation officer; (h) visiting areas or persons contrary to the prohibition of a probation officer; (i) committing any act of disrespect to probation officer or any other staff employed in the probation service; (j) failure to notify the probation officer of the change of residence or place of employment; (k) disobeying any lawfully order of a probation officer; and 14 GN NO.824 (Conted) Probation of Offenders Procedure in case of breaches Transfer of offenders (l) committing any act of insubordination to probation officer. - 30 Verify source ↗
(1) Where a probationer commits any of the
AI-assisted research summary: A probation officer must consider a probationer’s defence, accept medical illness or lawful custody as justifiable excuses, may warn the probationer, or may refer the probationer to court in specified cases.
30.-(1) Where a probationer commits any of the offences specified under these Rules, the probationer shall be interrogated in order to establish the circumstances that led to the said breach. (2) A probation officer shall consider the substance of the defence given by the probationer, provided that reasons of medical illness or detention in a lawful custody shall always be considered justifiable excuses. that (3) Where a probation officer determines explanation given by the probationer for failure to comply with the court order is unsatisfactory, the probation officer may: (a) issue a first warning where the offence is other than a criminal offence; (b) issue a second warning where the breach relates to breach of probation conditions or commission of offences other than a criminal offence; and (c) refer the probationer to court for suspension of the probationer has probation order, where committed a criminal offence before the expiration of the probation period. (4) The probation officer shall fill Form No. 3 or Form No.4 prescribed in the Schedule when referring the probationer to court. (5) Where a court suspends a probation order, the probationer and the institution in which the probationer was placed, shall be notified forthwith. - 31 Verify source ↗
(1) Where a probationer relocates a place of
AI-assisted research summary: A probationer must notify the probation officer before moving residence or changing employment. If the probation officer accepts the reasons for transfer, the officer may apply to the convicting court, and the court must consult the court where the order will be transferred before sending the file there.
31.-(1) Where a probationer relocates a place of residence or changes a place of employment shall be obliged to notify the probation officer before such relocation or transfer. (2) Where a probation officer is satisfied with the reasons of transfer referred to under subrule (1), may make an application to the convicting court that the probation order executed by the court under whose jurisdiction the offender has transferred or relocated into. (3) The court shall, before issuing the transfer order, make consultation with the court under whose jurisdiction the order is to be transferred to. 15 GN NO.824 (Conted) Probation of Offenders (4) Where the court has made a consultation referred to in subrule (3), and upon forming an opinion to transfer the order, the court shall send or cause to be sent the file to the court having jurisdiction in the area where the probationer is domiciled. Disciplinary proceedings - 32 Verify source ↗
(1) Where a probationer violates the standards set
AI-assisted research summary: If a probationer breaks the standards in these Rules, the probation officer must start disciplinary proceedings in the court that granted the probation order.
32.-(1) Where a probationer violates the standards set under these Rules, a probation officer shall initiate disciplinary proceedings in the court which granted the probation order. (2) In instituting the proceedings referred to under subrule (1), the probation officer shall file in court- (a) the probation plan; (b) the tasks assigned to the probationer; (c) the offender's overall compliance with the probation order or instructions; (d) factors affecting the offender's compliance with the probation order or instructions; (e) breach complained of; and (f) opinion whether or not the probation order should be revoked. (3) Initiation of disciplinary proceedings under subrule (1) shall be made in Form No. 6 prescribed in the Schedule. - 33 Verify source ↗
(1) The court shall not make any adverse order in
AI-assisted research summary: The court must give the probationer a chance to defend himself or challenge the probation officer’s evidence before making any adverse order in disciplinary proceedings.
33.-(1) The court shall not make any adverse order in any disciplinary proceedings before giving the probationer an opportunity to present his defence or to challenge the evidence presented by the probation officer. (2) Notwithstanding what is provided for in subrule (1), the court may grant orders sought by the probation officer in absence of the probationer, where the probationer absents from attending before the court without reasonable cause and after being duly notified of the date and place at which the matter will be heard. Right to make defence Review procedure - 34 Verify source ↗
(1) A probation officer may make an application to
AI-assisted research summary: A probation officer may apply to court to review a probation order.
34.-(1) A probation officer may make an application to the court for review of the probation order. (2) The application referred to in subrule(1) can be granted only upon discovery of new evidence or facts which, had they been known at the time of making the order, the court would not have made such a probation order. 16 GN NO.824 (Conted) Probation of Offenders Report on completion of probation Death of probationer (3) An application for review of probation order shall be made in Form No. 2 prescribed in the Schedule. - 35 Verify source ↗
(1) A probation officer shall,
AI-assisted research summary: A probation officer must prepare and submit a report to the court after satisfactory completion of the probation period.
35.-(1) A probation officer shall, in event of satisfactory completion of probation period, prepare and submit or a report thereof to the court which granted the order. (2) A report prepared pursuant to subrule (1) shall be in Form No. 4 and shall in addition, contain an outline of the nature of the treatment undertaken, standard of compliance achieved and the impacts, if any. - 36 Verify source ↗
(1) Where a probationer dies while under probation,
AI-assisted research summary: If a probationer dies while on probation, the probation officer must immediately notify the director of probation division and the court, and provide copies of the death certificate.
36.-(1) Where a probationer dies while under probation, a probation officer shall immediately inform the director of probation division and the court by filling Form No. 5 prescribed in the Schedule. (2) Subject to subrule (1), the probation officer shall furnish the director and the court with copies of death certificate of the deceased probationer. Revocation and savings - 37 Verify source ↗
(1) All proclamations made under the Act are
AI-assisted research summary: All proclamations made under the Act are revoked, but things already done or omitted under them remain valid.
37.-(1) All proclamations made under the Act are hereby revoked. (2) Notwithstanding the generality of subrule (1), nothing shall affect the validity of anything done or omitted to be done under the said proclamations. _______ SCHEDULE ________ 17 GN NO.824 (Conted) Probation of Offenders Form. No.1 PS. THE UNITED REPUBLIC OF TANZANIA PROBATION ORDER (Made under rule 4(3)) _________ the In No...........of..................... ...............................................Court of..............................at............................CC Whereas..................................................................of............................................. (hereinafter referred to as the offender) is charged before this court with the offence of ................................................................ contrary to................................................................................ and the court thinks that the charge is proved but is of the opinion that, having regard to the youth, character, antecedents, home surroundings, health or mental condition of offender, the nature of offence or to any extenuating it is expedient to release the offender on probation AND- (a) *(the offender having been convicted of the said offence) (b) *(without proceeding to conviction): THE COURT DO HEREBY ORDER that the offender be released subject to the following conditions:
Part
PART I
- 1 Verify source ↗
These Rules may be cited as the Probation of
AI-assisted research summary: These Rules may be cited as the Probation of Offenders Rules, 2020.
1. These Rules may be cited as the Probation of Offenders Rules, 2020. Application - 2 Verify source ↗
These Rules shall apply to Mainland Tanzania
AI-assisted research summary: These Rules apply to Mainland Tanzania.
2. These Rules shall apply to Mainland Tanzania. Interpretation - 3 Verify source ↗
In these Rules, unless the context otherwise
AI-assisted research summary: This section defines key terms used in the Rules, including Act, magistrate, Minister, institution, probation, probationer, probation officer, probation order, and probation period.
3. In these Rules, unless the context otherwise Cap. 247 requires– “ Act” means the Probation of Offenders Act; “magistrate” includes a primary court magistrate; “Minister” means the Minister responsible for home affairs; “institution” means an institution where an offender is placed for rehabilitation purposes; “probation” means a community based treatment for offenders which mandates an offender to be placed and maintained in the community under the supervision of a probation officer or a duly authorized person for a specified period as stated in the probation order; “probationer” means a person placed under supervision by a probation order; “probation officer" includes the director and any other officer designated as such by the director of probation service division; “probation order” means an order made under the Act placing 3 GN NO.824 (Conted) Probation of Offenders a person under the supervision of a probation officer; “probation period” means the period for which a probationer is placed under a probation order. PART II OPERATIONAL OBJECTIVES AND NATIONAL STANDARDS OF PROBATION SERVICES Power of court to make probation orders
Part
SCHEDULE
- 1 Verify source ↗
That during the period of this Order the offender shall submit himself to the
AI-assisted research summary: The offender must submit to probation supervision by the Officer during the period of this Order.
1. That during the period of this Order the offender shall submit himself to the ...................................................................................., probation supervision of Officer. - 2 Verify source ↗
That for the purpose of securing the supervision of the offender
AI-assisted research summary: The probation officer must visit the probationer’s home regularly, and the probationer/offender must answer questions and report changes in residence or employment to the probation officer.
2. That for the purpose of securing the supervision of the offender- 18 GN NO.824 (Conted) Probation of Offenders (a) The probation officer shall, for the purpose of assessing the progress of the probationer, visit the place of domicile of the probationer on weekly basis or at such other time as the probation officer deems fit; (b) The probationer shall answer truly all questions put to him by the probation officer or any other person acting on behalf of probation officer with regard to his conduct, employment or residence; and (c) The offender shall report forthwith to the probation officer any change of residence or place of employment; and (d) The offender shall report to the probation officer at such times and place as directed by the probation officer. - 3 Verify source ↗
That (b)
AI-assisted research summary: 3. That (b) ....................................................................................................................................
3. That (b) .................................................................................................................................... .................................................................................................................................... .................................................................................................................................... .................................................................................................................................... .................................................................................................................................... .................................................................................................................................... .................................................................................................................................... .................................................................................................................................... .................................................................................................................................... .................................................................................................................................... .................................................................................................................................... .................................................................................................................................... .................................................................................................................................... .................................................................................................................................... .................................................................................................................................... ............................................................................................................................... ..... - 4 Verify source ↗
That
AI-assisted research summary: 4. That (c) ....................................................................................................................................
4. That (c) .................................................................................................................................... .................................................................................................................................... .................................................................................................................................... .................................................................................................................................... .................................................................................................................................... .................................................................................................................................... .................................................................................................................................... .................................................................................................................................... .................................................................................................................................... .............................................................................................................................. - 5 Verify source ↗
This Order shall have effect for a period of
AI-assisted research summary: The order is to last for a specified period, but the period is left blank in the source text.
5. This Order shall have effect for a period of ................................................ 19 GN NO.824 (Conted) Probation of Offenders Dated at........................................ this………………… day of .......................... 20…... ........................................ Magistrate NOTE: (1) One copy of the above order shall be given to the probationer and another to the Probation Officer under whose supervision the offender is placed. 20 GN NO.824 (Conted) Probation of Offenders PS. Form No. 2 THE UNITED REPUBLIC OF TANZANIA MINISTRY OF HOME AFFAIRS APPLICATION FOR REVIEW OF PROBATION ORDER (Made under section 10 and rule 34(3)) IN THE…………………………………..COURT OF…………………………………….. AT……………………………………………………………………………………………. CRIMINAL CASE No……….OF………………………………………………..………… Whereas the probation order was issued on………………………………………by this court to have …………………………………(the probationer)……………………………………………..placed on probation under the supervision of…………………………………………( probation officer) and whereas circumstances have changed to make the said probationer unable to comply fully with the conditions imposed in the said order: I therefore apply to this court to vary or review the said order and impose new conditions which the probationer will be able to comply with without inconveniences. The reasons for failure to comply with the previous order are: ……………………………………………………………………………………………… ……………………………………………………………………………………………… ……………………………………………………………………………………………… Signed……………………………………………… (probation officer) Decision of the court: Variation/Review is allowed/Not allowed Magistrate………………………………………………………………………… If review is allowed, new conditions are…………………………………………………………………………………………… The probationer will be placed under the supervision of…………………………………………………………………………………………… Signed………………………………………… Magistrate Order explained and acknowledged by………………………………………………………………… Probationer 21 GN NO.824 (Conted) Probation of Offenders PS. Form No.3 THE UNITED REPUBLIC OF TANZANIA MINISTRY OF HOME AFFAIRS BREACH OF PROBATION ORDER (Made under sections 6 and 7 and rule 30) (To be completed by a Probation Officer) IN the…………………………………………Court of……………………………………. AT…………………………………………………………………………………………… Whereas (Name of Probationer)…………………………………..…… was convicted of of……………………………….and placed and placed on probation….by………………… under section………of the Act for a period of ………………… I…………………………………..(probation officer),hereby make oath and state as follows: That the said probationer has failed to observe the conditions of the probation order in that, ……………………………………………………………………………………………… ……………………………………………………………………………………………… ……………………………………………………………………………………………… I therefore…………………………………………………………………………request summons/warrant of arrest be issued in respect of the said probationer. Signature………………………………………………………………………………. (Probation Officer) sworn before me (Court Seal) …………….………………………… Magistrate 22 GN NO.824 (Conted) Probation of Offenders PS. Form No.4 THE UNITED REPUBLIC OF TANZANIA MINISTRY OF HOME AFFAIRS ABSCONDMENT REPORT (Made under sections 6 and 7 and rule 30) (To be filled in by probation officer) - 1 Verify source ↗
Probationer’s
AI-assisted research summary: This section provides a field for the probationer’s name.
1. Probationer’s name………………………………………………………………………………. - 2 Verify source ↗
Court……………………………………………..Criminal Case
AI-assisted research summary: A form line for the court and criminal case number.
2. Court……………………………………………..Criminal Case No……………………………. - 3 Verify source ↗
Offence……………………………………………………………………………
AI-assisted research summary: This section is titled “Offence” but does not state the rule in the text provided.
3. Offence……………………………………………………………………………... - 4 Verify source ↗
Date and duration o the probation
AI-assisted research summary: This section is titled “Date and duration of the probation order.”
4. Date and duration o the probation order……………….……………………………………… - 6 Verify source ↗
Address……………………………………………………………………………
AI-assisted research summary: 6. Address…………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………....
6. Address…………………………………………………………………………… ……………………………………………………………………………………… …………………………………………………………………………………….... - 7 Verify source ↗
Supervising
AI-assisted research summary: This provision is titled “Supervising officer.”
7. Supervising officer……………………………………………………………………………… - 8 Verify source ↗
Date of
AI-assisted research summary: Section 8 is titled “Date of absconding.”
8. Date of absconding………………………………………………………………………… ………. - 9 Verify source ↗
Steps taken by sureties and probation officer to recapture the
AI-assisted research summary: This provision page contains probation service forms and record templates, including a death report, charge sheet, attendance register, supervision record, and committed-to-probation-service form.
9. Steps taken by sureties and probation officer to recapture the probationer………………………………………………………………………… ……………………………………………………………………………………… ……………………………………………………………………………………… PROBETIONER’S DESCRIPTION: Height…………………………………………………………………………………… Body peculiarities…………………………………………………………………………… Colour…………………………………………………………………………………… Last place of domicile……………………………………………………………………………….. 23 GN NO.824 (Conted) Probation of Offenders Local government leader………………………………………………………………………….. Signature ………………………Date………………….. (Probation Officer) CC: DPD Court Police Station PS. Form No. 5 THE UNITED REPUBLIC OF TANZANIA MINISTRY OF HOME AFFAIRS DEATH REPORT (Made under rule 36) PART I Name of the probationer……………………………………………………………………………… Court……………………………………………………Criminal Case No.……………………....... Sentence………………………………………………………………………………… Age……………………………..…...……………………............................................... Date and place of death………………………………………………………………….…………………. Signature………………………………Date………………………… (Probation Officer) PART II: CERTIFICATION BY MEDICAL OFFICER 24 GN NO.824 (Conted) Probation of Offenders I……………………………………………………. certify that the above named probationer died on………………………… at……………………. and the death was caused by……………....... ……………………………………………….. Medical Officer Date………………………………………… PS. Form No. 6 THE UNITED REPUBLIC OF TANZANIA MINISTRY OF HOME AFFAIRS CHARGE SHEET (Made under rule 32) Name of probationer………………………………………………………………………. Offence committed…………………………………………C/s…………………. (Rules) Statement of probation officer: ……………………………………………………………………………………… ……………………………………………………………………………………………… ……………………………………………………………………………………………… ……………………………………………………………………………………………… ……………………………………………………………………………………………… ……………………………………………………………………………………………… ……………………………………………………………………………………………… Signature of probation officer…………………………… Statement of probationer: ……………………………………………………………………………………… ……………………………………………………………………………………………… ……………………………………………………………………………………………… ……………………………………………………………………………………………… ……………………………………………………………………………………………… 25 GN NO.824 (Conted) Probation of Offenders Signature of probationer………………………….. Findings of the charging Officer: ……………………………………………………………………………………………… ……………………………………………………………………………………………… ……………………………………………………………………………………………… ……………………………………………………………………………………………… ……………………………………………………………………………………………… Sentence issued…………………………………………………………………………………… officer………………… Signature of the charging Date………………………………………………… 26 GN NO.824 (Conted) Probation of Offenders THE UNITED REPUBLIC OF TANZANIA THE MINISTRY OF HOME AFFAIRS PS. Form No. 7 ATTENDANCE REGISTER OF PROBATIONERS (Made under rule 24) (To be completed by Probation Officer) Registration No.…………………….. Name of Probationer……………………………… Court……………………… CC. No.………………… Sentence ……………………... District ………………………………………………………. (This form must be filled in every day) Dat e Type of service provided Arriva l time Depa rture time Comme nts Probatione rs signature Hou rs spen t Probati on officer’ s signatu re Signatu re of Officer making home visits 27 GN NO.824 (Conted) Probation of Offenders ………………………………... ………………….. ………………… Name of Probation Officer Signature Date……………………………. THE UNITED REPUBLIC OF TANZANIA MINISTRY OF HOME AFFAIRS PS. Form No. 8 RECORDS OF SUPERVISION (Made under rule 24) Name of probationer…………………………………………………………………………….. Age………….…………………………………………........... Residential area..........…………………………………………………………………………… Local government leader……………………………………………………………………….. Court……………………………..Cr. Case No…………………Sentence……………….......... Offence……………………………………………………………………………………......... Date and duration of the Order…………………for………….……………..………………….. Magistrate………………………………………………………………………………….. Probation officer……………………………………………………………………………….. Nature of the Order…………………………………………………………………………….. special conditions, if any: ………………………………………………………………………………………………………… ………………………………………………………………………………………………………… ………………………………………………………………………………………………………… ………………………………………………………………………………………………………… ………………………………………………………………………………………………………… Sureties………………………………………………………………………………………………… ………………………………………………………………………………….……………………… Costs or compensation……………………………………………………….………………………… 28 GN NO.824 (Conted) Probation of Offenders Details of the offence…………………………………………………………..………………………. …………………………………………………………………………………………………… …………………………………………………………………………………………………… …………………………………………………………………………………………………… Previous offences (if any)………………………………………………………………………. …………………………………………………………………………………………………… Rehabilitation programs undertaken…………………………………………………………….. …………………………………………………………………………………………………… …………………………………………………………………………………………………… School records (if any)………………………………………………………………………….. ………………………………………………………………………………………………….. ………………………………………………………………………………………………….. Employment: Occupation…………………………………………………wages…………………….. Family records: Marital status………………………………………………………………..…………………… ………………………………………………………………………………..…………………. ……………………………………………………………………………….………………….. General information……………………………………………………………………………… …………………………………………………………………………………………………… …………………………………………………………………………………………………… …………………………………………………………………………………………………… officer……………………... Signature of Probation Date………………………………………………… 29 GN NO.824 (Conted) Probation of Offenders PS. Form No. 9 THE UNITED REPUBLIC OF TANZANIA MINISTRY OF HOME AFFAIRS COMMITTED TO PROBATION SERVICE (Made under section 3 and rule 4) NAME OF SCHEME……………FOR THE MONTH ENDED…………20…………. N / S E M A N E G A X E S E B R T I I N O G I L E R S S E R D D A D N A T R U O C . o N . C C E C N E F F O E C N E T N E S N O I T C V N O C I E T A D F O E T A D E G R A H C S I D O I T A T I L I B A H E R N O I T U T I T S N I N F O E P Y T O I T A T I L I B A H E R S M A R G O R P N N E F K O A E T M R E A D N N U N O I T A B O R P R E C I F F O S K R A M E R ______________________________________ NAME AND SIGNATURE OF PROBATION OFFICER DATE………………………………… CC:
Part
PART II: CERTIFICATION BY MEDICAL OFFICER
- 2 Verify source ↗
SENTENCING COURT
AI-assisted research summary: This is a form for reporting completion of probation service.
2. SENTENCING COURT 30 GN NO.824 (Conted) Probation of Offenders THE UNITED REPUBLIC OF TANZANIA MINISTRY OF HOME AFFAIRS PS. Form No. 10 REPORT OF COMPLETION OF PROBATION SERVICE (Made under rule 35) NAME OF SCHEME ………….………………… FOR THE MONTH ENDED…………………………….20………………. . o N . C C & T R U O C E C N E F F O E C N E T N E S N O I T C V N O C I F O T A D E T A D E M E C A L P E G R A H C S I D F O O I T A T I L I B A H E R N O I T U T I T S N I N N O I T A B O R P F O E M A N R E C I F F O S K R A M E R I N O G I L E R S S E R D D A X E S E M A N E G A I E B R T N / S ______________________________________ NAME AND SIGNATURE OF PROBATION OFFICER DATE………………………… CC: - 2 Verify source ↗
Sentencing Court
AI-assisted research summary: This section is a probation service report form listing report types, submission times, originators, and recipients.
2. Sentencing Court 31 GN NO.824 (Conted) Probation of Offenders PS. Form No. 11 THE UNITED REPUBLIC OF TANZANIA MINISTRY OF HOME AFFAIRS PROBATION SERVICE REPORTS (Made under rule 27) Submission Time Originator Recipient Immediately Monthly Quarterly Annually probation officer DPD/Court/Local Ps Committee DPD/Court/Local Ps Committee DPD/Court/Police Local Ps Committee DPD/Court/Local Ps Committee DPD DPD DPD/Local Ps Committee DPD/Local Ps Committee Type of report Committed to probation order Completed Probation Order Escape Death Statistical data Supervision report Annual report Evaluation scheme Dodoma, ……………………, 2020 GEORGE B. SIMBACHAWENE Minister for Home Affairs 32
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