Zambia Act or statute

Zambia legislation

Probation of Offenders(Amendment) Act, 2022

This provision says the principal Act is amended by inserting a new section immediately after section 3. This Act does not apply to the probation of a child in conflict with the law. A conviction…

child development and welfarepolicy adviceprobation

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Official source

01

Purpose and legislative effect

“This provision says the principal Act is amended by inserting a new section immediately after section 3.”

This provision says the principal Act is amended by inserting a new section immediately after section 3. This Act does not apply to the probation of a child in conflict with the law. A conviction tied to a probation order is treated as not being a conviction for most purposes, except for the proceedings where the order is made and later proceedings under the Act; this stops applying if the offender is later sentenced under the Act. This subsection says Section 17 does not apply to a Probation Committee set up under the Children’s Code Act, 2022 for the stated advisory purpose.

02

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03

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Section 5

A conviction tied to a probation order is treated as not being a conviction for most purposes, except for the proceedings where the order is made and later proceedings under the Act; this stops applying if the offender is later sentenced under the Act.

Section 5

04

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Source record from zambialii.org · Undated source snapshot

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Showing 4 of 4 provisions

Amendment 2ProvisionSubstitution
§ 4The principal Act is amended by the insertion of the followingAmendment

This provision says the principal Act is amended by inserting a new section immediately after section 3.

4. The principal Act is amended by the insertion of the following new section immediately after section 3:
§ 3AThis Act does not apply to the probation of a child inProvision

This Act does not apply to the probation of a child in conflict with the law.

3A. This Act does not apply to the probation of a child in conflict with the law.
Section 3AVerify source
§ 5Section 5Substitution

A conviction tied to a probation order is treated as not being a conviction for most purposes, except for the proceedings where the order is made and later proceedings under the Act; this stops applying if the offender is later sentenced under the Act.

5. Section 10 of the principal Act is amended by the deletion of subsection (1) and the substitution therefor of the following: (1) A conviction for an offence for which a probation order is made is considered not to be a conviction for any purpose other than the purposes of the proceedings in which the order is made and of any subsequent proceedings which may be taken against the offender under the provisions of this Act, except that where an offender is subsequently sentenced under this Act, the provisions of this subsection shall cease to apply to the conviction. Section 11(4) of the principal Act is amended by the deletion of the words “if the probationer is not less than nineteen years of age,”.
§ 7Section 17 of the principal Act is amended by the insertionAmendment

This subsection says Section 17 does not apply to a Probation Committee set up under the Children’s Code Act, 2022 for the stated advisory purpose.

7. Section 17 of the principal Act is amended by the insertion of the following new subsection immediately after subsection (2): (3) This section shall not apply to a Probation Committee established under the Children’s Code Act, 2022, for the purposes of advising the minister responsible for child development and welfare on matters of policy relating to the probation of a child in conflict with the law.

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