PROBATION OF OFFENDERS RULES

PROBATION OF OFFENDERS RULES

PROBATION OF OFFENDERS RULES

ARRANGEMENT OF RULES

Rule Page
PART 1

GENERAL

1. Citation Citation .. ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. A3
2. Interpretation ... ... ... ... 1 .. ... .. ... ... ... ... ... ... ... A 3

PART 11

[Revoked]

PART Ill

PROBATION OFFICERS

Duties

15.......................Duties of Principal Probation Officer 1 ... ... ... ... 1 ... ... A 3

16..............Preliminary inquiries ..... ... ... ... ... ... ... ... ... ... ... ... A 3

17.........................Explaining requirements of probation orders ... ... ... ... ... ... ... A 3
is.........................Maintaining touch with probationers . ... ... ... ... ... A 4
19.........................Advising, assisting and befriending probationers ... ... ... ... ... ... ... A 4

Reports

20....................Probation otlicers to submit reports ... ... ... ... ... ... ... ... A 4

21..............Reports-how made ............. ... ... ... ... ... ... ... ... ... A 4

22. Reports from institutions and other officers ... ... ... ... ... ... ... A 4

23. Records................................ ... ... ... ... ... ... ... ... ... A 5
24. Forms............................... ... ... ... ... ... ... ... ... A 5

PART IV

APPROVED
INSTITUTIONS

General management

24A. Administration of approved institutions A 5
25...........................Duties of superintendents of approved institutions ... ... ... ... ... ... A 5

26............Leave of absence ............... ... ... ... ... ... ... ... ... ... ... A 5

27.......................Notification of absence of a probationer ... ... ... ... ... ... ... ... A 6
28.......................Progress reports by superintendents ... ... ... ... ... ... ... A 6
29.......................Superintendents to determine staff duties ... ... ... ... ... ... ... ... A 6

30...........................Absence of superintendent for more than 24 hours ... ... ... ... ... ... A 6





Rule ...........Page
Care and welfare of probationers

31. Provision of bed, and supply of clothing to probationers ... ... ... ... ... A 6

32. Dietary ................................... ... ... ... ... ... ... ... A 6
33. Training ................................... ... ... ... .. ... ... ... A 6

34. Probation officers may see probationers in private ... ... ... ... ... ... A 7

35. Daily routine .......................... ... ... ... ... ... ... ... ... A 7

36. Recreation, etc. of probationers .......... ... ... ... ... ... ... ... ... A 7

Discipline

37. Discipline

Medical care of probationers

38. Appointment of medical officers and their general duties ... ... ... ... ... A 8

39..............Prevention of diseases .... ... ... ... ... ... ... ... ... ... ... ... A 8

40.......................Serious illness or death of a probationer ... ... ... ... ... ... ... ... A 8

41.....................Medical examinations on discharge ... ... ... ... ... ... ... ... ... A 9

Visiting justices

42.......................Periodic visits by justices of the peace ... ... ... ... ... ... ... ... A 9

43.........................General duties of visiting justices of the peace ... ... ... ... ... ... ... A 9

44..............Reporting of abuses .......... ... ... ... ... ... ... ... ... ... A 9

45..................Co-operation with Director ... ... ... ... ... ... ... ... A 9

46................Investigation of complaints ... ... ... ... ... ... ... ... ... A 9

47............Inspection of diet ............. ... ... ... ... ... ... ... ... ... ... A 9

48..............Inspection of books ............. ... 1 ... ... ... ... ... .1. A 10

49.....................Advice as to recreation or training ... ... ... ... ... ... ... ... ... A 10

50.........Lectures, etc . ................... ... ... ... ... ... ... ... ... ... ... A 10
51.........Special duties .................... ... ... ... ... ... ... ... A 10

52. Interest in contracts........... ... ... ... ... ... ... ... ... ... A 10





PROBATION OF OFFENDERS RULES

(Cap. 298, section 12)

[17 January 1958.1

PART 1

GENERAL

1. These rules may be cited as the Probation of Offenders Rules.

2. In these rules, unless the context otherwise requires-

'Director' means the Director of Social Welfare;

'medical officer' means a medical officer appointed under rule 38;

'Ordinance' means the Probation of Offenders Ordinance;

'supervising court', in relation to a probationer or a probation order,
means the magistrates court having jurisdiction in the district or
area in which the probationer is, for the time being, resident.

PART 11

[Revoked, L.N. 146177]

PART 111

PROBATION OFFICERS

Duties

15. The duties to be performed by the Principal Probation Officer
shall include

(a) the organization and control of the probation service;

(b)the supervision and training of probation officers and
distribution of work between probation officers.

16. A probation officer shall make such preliminary inquiries,
including inquiries into the home surroundings, as a court may direct in
respect of any offender in whose case the question of the making of a
probation order may arise.

17. A probation officer shall, when required by a probation order,
undertake the supervision of a probationer and shall ascertain that the
probationer understands the requirements and conditions of the
probation order and shall by warning and persuasion endeavour





to ensure compliance with requirements of the probation order. If
the probationer fails to obey any of the conditions, the probation
officer shall report as hereinafter directed.

18. (1) The probation officer shall, subject to any provisions
of the probation order, keep in close touch with the probationer,
meet him frequently, and unless there is good reason for not doing
so shall visit his home from time to time and require the probationer
to report to him at stated intervals.
(2) The intervals at which, in accordance with this rule, the
probation officer meets the probationer, visits his home and requires
the probationer to report, shall be determined amongst other
circumstances by the probationer's behaviour and progress and
regard shall be had to the importance of frequent meetings during
the early stages of the probation period.

19. A probation officer shall advise, assist and befriend the
probationer, and when necessary endeavour to find him employ-
ment. For these purposes he shall secure as far as possible the
co-operation and assistance of social and religious workers.

Reports

20. (1) When any person has been placed on probation, the
probation officer under whose supervision the probationer is for the
time being, shall, if so requested by the supervising court, from time
to time report to such court upon the probationer's mode of life and
generally upon his progress.
(2) A probation officer shall from time to time report to the
Principal Probation Officer upon the conduct and mode of life and
generally upon the progress of every probationer who has been
placed under his supervision.
(3) Where a probationer fails to comply with any of the
requirements of a probation order, the probation officer shall report
the fact to the supervising court and to the Principal Probation
Officer.

21. Reports made under rule 20 shall be made at such intervals
and in such manner as may be directed by the supervising court or
by the Principal Probation Officer, as the case may be, and they shall
not be made in open court or published.

22. (1) A report made in pursuance of section 4(4) of the
Ordinance, shall include-
(a)a report by the superintendent of the approved institution
in which the probationer has been required to reside, and
(b)a report by the appropriate probation officer as to the
suitability of such probationer's home or other place
where, if the requirement of residence in such institution is
cancelled, he proposes to reside.





(2) It shall be the duty of the probation officer appointed or
assigned to any area to furnish to another probation officer, on request,
such a report as is mentioned in paragraph (1)(b).

23. Every probation officer shall keep in the form and manner
prescribed by these rules a proper record concerning each probationer
placed under his supervision and shall ensure that access to such record
is not available to unauthorized persons.

24. Every probation officer shall enter the particulars forming the
record of each case under his supervision on the appropriate form
specified by the Director.

PART IV

APPROVED INSTITUTIONS

General management

24A. The Director shall be responsible for the administration of
approved institutions.

25. (1) The superintendent of an approved institution shall be
responsible to the Director for the efficient conduct thereof.

(2) The superintendent shall keep-

(a)a register of all probationers admitted to and discharged from
the institution;

(b)a log book in which shall be entered every event of importance
connected with the institution;

(c)a daily register of the presence or absence of each probationer
in or from the institution;

(d)a separate case record in respect of each probationer resident
in the institution in a form specified by the Director.

26. (1) The superintendent of an approved institution, or any
member of his staff duly authorized by him, may at any time grant to a
probationer, who is required to reside in the approved institution, leave
of absence from the approved institution

(a)for any period not exceeding 12 hours where such absence is
in accordance with the purpose of the probation order and the
conditions thereof, and

(b)with the prior permission of the probation officer who has
been entrusted with the supervision of the probationer, for
any period for the purpose of employment or training,
including any course of instruction or participation in any
other activities outside the boundaries of the institution,
whether or not such activities are conducted by a member of
the staff of the institution.





(2) A probationer who is granted leave of absence shall proceed
directly from the institution to such place as he may be directed by the
superintendent or by a duly authorized member of his staff, and, if so
directed, shall reside at such place.

(3) A probationer, who, without reasonable cause, fails to return to
the institution before the expiry of his period of leave of absence or who
leaves a place of employment or training or the place to which he has
been directed by the superintendent or by a member of his staff, shall be
deemed to be absent without leave and to have failed to comply with the
conditions of residence.

27. Where a probationer is absent without leave from an approved
institution, the superintendent thereof shall forthwith notify the Director
and the probation officer entrusted with the supervision of the
probationer.

28. The superintendent of an approved institution shall, on the
request of a probation committee, make a written report on the progress
of any probationer residing therein.

29. The superintendent of an approved institution shall, subject to
any directions of the Director, determine the duties of the other members
of the staff thereof.

30. If the superintendent is absent from an approved institution for
a period of more than 24 hours he shall, subject to the approval of the
Director, nominate in writing a senior member of the staff thereof who
shall, during such period of absence, carry out the duties of
superintendent.

Care and welfare ofprobationers

31. The superintendent shall provide a probationer who is in
residence in an approved institution with a separate bed and may
provide such a probationer with such clothing as he considers
necessary.

32. (1) Each probationer, while in residence in an approved
institution, shall be provided with sufficient and varied food based on a
dietary to be drawn up by the superintendent of the institution in
consultation with the medical officer assigned thereto and approved by
the Director and a copy of such dietary shall at all times be posted in the
kitchen of the institution.

(2) A record shall be kept of the dishes that have been served and
the weekly quantities of the main foodstuffs used in each approved
institution.

33. Every approved institution shall provide a scheme of training
approved by the Director.





34. A probation officer shall be allowed to see in private at any
reasonable time any probationer under his supervision, notwithstanding
residence in an approved institution.

35. (1) The conduct of probationers in any approved institution
shall be regulated by daily routines (including the hours of rising, meals,
recreation and retiring) which shall be drawn up by the superintendent of
such institution and approved by the Director. A copy of such routine
shall be posted in the institution.

(2) Any substantial deviation from such daily routine as posted
shall be recorded by the superintendent in the log book of the
institution.

36. (1) Adequate provision shall be made for free time and
recreation, including organized games, for probationers while in
residence in an approved institution.

(2) Probationers, while in residence in an approved institution, shall
be encouraged to write to their parents or guardians, and for this
purpose postage stamps and stationery shall be provided by the
superintendent thereof at the public expense.

(3) Probationers, while in residence in an approved institution, shall
be allowed to receive letters from their parents, guardians, and friends,
and in special circumstances may, with the approval of the
superintendent thereof, be permitted to receive visitors:

Provided that the dates and times of such visits shall be arranged
with the superintendent on written application by the visitors.

(4) The Director may at any time by a direction in writing require
that any correspondence between a probationer in residence in an
approved institution and any other person shall be subject to
censorship by the superintendent of the institution.

Discipline

37. (1) Discipline in an approved institution shall be maintained by
the personal influence of the superintendent and staff thereof, and shall
be promoted by a system of rewards and privileges, which shall be drawn
up and operated by the superintendent subject to the approval of the
Director.

(2)(a) No corporal punishment of any kind shall be inflicted on a
probationer in an approved institution.

(b)For the purpose of this rule the term 'corporal punish-
includes striking, cuffing or shaking or the intentional infliction
of any form of physical pain as a means of punishment.

(3) When punishment of a probationer is necessary for the
maintenance of discipline in an approved institution, one of the
following methods may be adopted





(a)forfeiture of rewards or privileges or temporary loss of
recreation;
(b) imposition of additional occupation.

(4) No probationer in an approved institution shall be allowed
to administer any form of punishment to any other probationer
therein.

(5) The superintendent shall keep and maintain a book (to be
known as the Punishment Book) and shall record therein any
punishment imposed under the provisions of this rule. Any such
punishment shall also be recorded in the individual case record of
the probationer punished.

Medical care ofprobationers

38. The Governor shall appoint such medical officers as he
may consider necessary to visit approved institutions, whose duties
shall include-
(a)the examination of every probationer as soon as practica-
ble after admission to an approved institution;

(b)recording in each probationer's case record an opinion as
to the physical or mental health of the probationer on
admission to the institution and from time to time there-
after as circumstances may require;

(c)the medical care of and responsibility for the treatment
when sick of any probationer in an approved institution,
including the power to cause the removal of any proba-
tioner in need of special treatment to a suitable hospital or
institution;

(d)the periodic inspection of approved institutions from the
hygienic point of view;

(e) advice as to dietary and general hygiene;

the keeping of medical records in which shall be entered
particulars of every medical examination carried out under
this rule and case notes relating to any probationer receiv-
ing medical attention.

39. Every medical officer shall take such action and employ
such treatment as he may consider necessary or expedient to prevent
or mitigate any epidemic or endemic contagious or infectious disease
in any approved institution to which he is, for the time being,
assigned.

40. (1) If any probationer in an approved institution becomes
seriously ill, or contracts or suffers from any infectious or contagious
disease, or becomes seriously injured in any accident or otherwise,
the superintendent of the institution shall forthwith report the fact
to the Director and to the parent or guardian (if any) of the
probationer.





(2) If any probationer in any approved institution dies, the
superintendent thereof shall immediately report the fact to the
Director and to the parent or guardian (if any) of the probationer.

41. A medical officer shall examine every probationer on the
day prior to his discharge from an approved institution and shall
certify as to his state of mental and physical health and to such other
particulars regarding him as may be necessary.

Visiting justices

42. (1) Every approved institution shall be visited by 2 visit-
ing justices of the peace (one official and one unofficial), in company
if possible, not less than once in every month and on such other days
as may be required by the Chief Secretary.

(2) The Chief Secretary shall nominate the visiting justices in
respect of each institution for a tour of duty of one month at a time
and shall furnish their names to the Director.

(3) Each institution shall be open to the visiting justices
nominated in respect thereof at all reasonable times during their tour
of duty.

43. (1) At the termination of any visit to an approved institu-
tion the visiting justices shall record in a book to be kept at each
institute-

(a) a note of the date and time of the visit;

(b)any comment of a general or particular nature concerning
the institution or any inmate thereof, which the justices
may wish to place on record;

(c) any recommendations.

(2) After each visit the book shall be forwarded to the Chief
Secretary through the Director.

44. Visiting justices shall ensure that any abuses in connection
with an approved institution which come to their knowledge shall be
brought to the notice of the Director as soon as may be.

45. Visiting justices shall co-operate with the Director to
promote the efficient management of and good discipline in any
approved institution visited by them and shall make special inquiry
into any matter referred to them by the Governor.

46. Visiting justices shall hear and investigate any complaint
which a probationer resident in an approved institution may desire
to make to them.

47. Visiting justices shall inspect the diets of the residents in
approved institutions visited by them and if they consider that the
food supplied does not conform with the approved dietary under





which it is supplied, they shall record the circumstances in the book
referred to in rule 43 and ensure that the matter is brought to the
notice of the Director as soon as may be, and the Director shall
forthwith take such steps as may be necessary to provide food in
accordance with such dietary, or as near thereto as may be.

48. Visiting justices may inspect all or any of the books of
every approved institution visited by them.

49. Visiting justices shall assist the Director with advice and
suggestions regarding the recreation or training of residents in any
approved institution with particular relation to their employment
after discharge.

50. Visiting justices may with the approval of the Director
organize lectures and addresses in any approved institution provided
that they do not interfere with the requirements of discipline in such
institution and are directed to the moral improvement of the
residents therein.

51. Visiting justices shall discharge such other duties as the
Governor may assign to them.

52. No visiting justice shall have any financial interest in any
contract relating to any approved institution visited by him.
G.N.A. 3/58. L.N. 35/63. L.N. 19/67. L.N. 42/73. L.N. 226/76. L.N. 146/77. L.N. 60/87. Citation. Interpretation. L.N. 42/73. (Cap. 298.) Duties of Principal Probation Officer. L.N. 42/73. L.N. 146/77. Preliminary inquiries. Explaining requirements of probation orders. Maintaining touch with probationers. Advising, assisting and befriending probationers. Probation officers to submit reports. L.N. 42/73. L.N. 146/77. L.N. 146/77. Reports-how made. L.N. 42/73. L.N. 146/77. Reports from institutions and other officers. Records. Forms. L.N. 60/87. Administration of approved institutions. L.N. 42/73. Duties of superintendents of approved institutions. L.N. 42/73. L.N. 60/87. Leave of absence. L.N. 35/63. Notification of absence of a probationer. L.N. 35/63. L.N. 42/73. Progress reports by superintendents. Superintendents to determine staff duties. L.N. 42/73. Absence of superintendent for more than 24 hours. L.N. 42/73. Provision of bed, and supply of clothing to probationers. L.N. 19/67. Dietary. L.N. 42/73. Training. L.N. 42/73. Probation officers may see probationers in private. Daily routine. L.N. 42/73. Recreation, etc. of probationers. L.N. 35/63. L.N. 42/73. L.N. 35/63. Discipline. L.N. 42/73. Appointment of medical officers and their general duties. Prevention of diseases. Serious illness or death of a probationer. L.N. 42/73. Medical examinations on discharge, Periodic visits by justices of the peace. L.N. 226/76. L.N. 42/73. General duties of visiting justices of the peace. L.N. 226/76. L.N. 42/73. Reporting of abuses. L.N. 42/73. Co-operation with Director. L.N. 42/73. Investigation of complaints. Inspection of diet. L.N. 42/73. Inspection of books. Advice as to recreation or training. L.N. 42/73. Lectures, etc. L.N. 42/73. Special duties. Interest in contracts.

G.N.A. 3/58. L.N. 35/63. L.N. 19/67. L.N. 42/73. L.N. 226/76. L.N. 146/77. L.N. 60/87. Citation. Interpretation. L.N. 42/73. (Cap. 298.) Duties of Principal Probation Officer. L.N. 42/73. L.N. 146/77. Preliminary inquiries. Explaining requirements of probation orders. Maintaining touch with probationers. Advising, assisting and befriending probationers. Probation officers to submit reports. L.N. 42/73. L.N. 146/77. L.N. 146/77. Reports-how made. L.N. 42/73. L.N. 146/77. Reports from institutions and other officers. Records. Forms. L.N. 60/87. Administration of approved institutions. L.N. 42/73. Duties of superintendents of approved institutions. L.N. 42/73. L.N. 60/87. Leave of absence. L.N. 35/63. Notification of absence of a probationer. L.N. 35/63. L.N. 42/73. Progress reports by superintendents. Superintendents to determine staff duties. L.N. 42/73. Absence of superintendent for more than 24 hours. L.N. 42/73. Provision of bed, and supply of clothing to probationers. L.N. 19/67. Dietary. L.N. 42/73. Training. L.N. 42/73. Probation officers may see probationers in private. Daily routine. L.N. 42/73. Recreation, etc. of probationers. L.N. 35/63. L.N. 42/73. L.N. 35/63. Discipline. L.N. 42/73. Appointment of medical officers and their general duties. Prevention of diseases. Serious illness or death of a probationer. L.N. 42/73. Medical examinations on discharge, Periodic visits by justices of the peace. L.N. 226/76. L.N. 42/73. General duties of visiting justices of the peace. L.N. 226/76. L.N. 42/73. Reporting of abuses. L.N. 42/73. Co-operation with Director. L.N. 42/73. Investigation of complaints. Inspection of diet. L.N. 42/73. Inspection of books. Advice as to recreation or training. L.N. 42/73. Lectures, etc. L.N. 42/73. Special duties. Interest in contracts.

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