Malawi
Probation of Offenders Act
Chapter 9:01
- Commenced on 19 April 1945
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
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.*Applied to the Southern Region by G.N. 5/1946 and to the Central Region by G.N. 22/1961.2. Interpretation
In this Act, unless the context otherwise requires—“court” does not include a Traditional Court established under the Traditional Courts Act;[Cap. 3:03]“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;[5 of 1969][Cap. 8:01]“probation officer” means a probation officer appointed under section 15.3. ***
[Repealed by 5 of 1969]4. Probation order
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.[Cap. 7:01]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
Where, a probationer is committed to custody or released on bail by a magistrate until he can be brought or appear before the court which made, the probation order the magistrate shall transmit to the said court such particulars of the case as he thinks desirable, and where the probationer has been convicted of a subsequent offence by a magistrate, the magistrate shall transmit to the said court a certificate to that effect signed by him, and for the purposes of proceedings in the court to which it is transmitted any such certificate, if purporting to be so signed, shall be admissible as evidence of the conviction.10. Amendment of probation orders
11. Discharge of probation orders
12. Transmission of copies of orders for amendment or discharge of probation orders
Where an orderis made for die amendment or discharge of a probation order the clerk or other officer of the court by which the order is made shall furnish two copies of the order to the principal probation officer, one copy of which shall be given by the principal probation officer to the probationer.13. Selection of probation officers
14. Contributions towards institutions
Such contributions may be made towards the establishment or maintenance of institutions for the reception of persons placed under the supervision of probation officers as the Minister may approve.15. Appointments
16. Rules
The Minister may make Rules prescribing—History of this document
31 December 2014 this version
Consolidation
19 April 1945
Commenced