CHAPTER 9:01
PROBATION OF OFFENDERS

ARRANGEMENT OF SECTIONS

   SECTION

   1.   Short title and application

   2.   Interpretation

   3.   [Repealed by 5 of 1969]

   4.   Probation order

   5.   Further provisions where court makes probation order

   6.   Commission of further offences by probationers

   7.   Failure by probationer to comply with probation order

   8.   Probation order: disqualification or disability

   9.   Transmission of documents when case is remitted to another court

   10.   Amendment of probation orders

   11.   Discharge of probation orders

   12.   Transmission of copies of orders for amendment or discharge of probation orders

   13.   Selection of probation officers

   14.   Contributions towards institutions

   15.   Appointments

   16.   Rules

10 of 1945
1 of 1957
8 of 1963
5 of 1969
G.N.195/1961
68/1962
38/1963

An Act to provide for the probation of offenders

[19TH APRIL 1945]

1.   Short title and application

   This Act may be cited as the Probation of Offenders Act, and shall apply to such areas of Malawi and from such date as the Minister may, by order, *from time to time declare.

2.   Interpretation

   In this Act, unless the context otherwise requires—

   “court” does not include a Traditional Court established under the Traditional Courts Act;

   “probationer” means a person placed under supervision by a probation order;

   “probation order” means an order made under section 337 (1) (c) (i) of the Criminal Procedure and Evidence Code;

   “probation officer” means a probation officer appointed under section 15.

3.   

   [Repealed by 5 of 1969]

4.   Probation order

   (1) A probation order shall have effect for such period of not less than one year and of not more than three years from the date of the order as may be specified therein, and shall require the probationer to submit during that period to the supervision of a probation officer to be named in the order, and shall contain such provisions as the court considers necessary for securing the supervision of the offender, and such additional conditions as to residence and other matters as the court having regard to the circumstances of the case, considers necessary for securing the good conduct of the offender or for preventing a repetition of the same offence or the commission of other offences.

   (2) Where a probation order contains a provision as to residence, the place at which and the period for which the probationer is to reside shall be specified in the order, and where any such provision requires the probationer to reside in an institution, the period for which the probationer is required so to reside shall not extend beyond twelve months from the date of the order, and the court shall forthwith give notice of the terms of the order to the Minister.

   (3) The court by which a probation order is made shall furnish two copies of the order, one copy to be given to the probationer and the other to the probation officer under whose supervision he is placed.

5.   Further provisions where court makes probation order

   Where a person is placed by a probation order under the supervision of a probation officer, the court may in addition order such person to pay costs and compensation in accordance with the Penal Code.

6.   Commission of further offences by probationers

   (1) If it appears to a judge or any magistrate that a probationer has been convicted of an offence committed while the probation order was in force, he may issue a summons requiring the probationer to appear at the place and time specified therein or may issue a warrant for his arrest:

   Provided that a magistrate shall not issue such a summons or such a warrant except on information in writing and on oath.

   (2) A summons or warrant issued under this section shall direct the probationer to appear or to be brought before the court by which the probation order was made.

   (3) Where a probationer is convicted by a magistrate of an offence committed while the probation order was in force the magistrate may commit the probationer to custody or release him on bail, with or without sureties, until he can be brought or appear before the court by which the probation order was made.

   (4) Where it is proved to the satisfaction of the court by which the probation order was made that the probationer has been convicted of an offence while the probation order was in force then—

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