These regulations may be cited as the Probation of Offenders Regulations.
2. Duties of probation officers
It shall be the duty of probation officers
(a)to make such preliminary inquiries, including inquiries into the home surroundings, as the court may direct in respect of any offender in whose case the question of the making of a probation order may arise;(b)when selected by a court, to undertake the supervision of a probationer;(c)subject to any directions given by the court (whether in the probation order or otherwise), to visit the home of the probationer and make inquiries as to his behaviour, mode of life and employment;(d)to keep in close touch with the probationer;(e)in the case of a child attending school to make periodical inquiries of the principal of the school concerned as to the child's attendance, conduct and progress, but the child shall not be visited on the school premises;(f)to ensure that the probationer understands the terms and conditions of the probation order, and to endea vour by encouragement, persuasion and warning to secure his observance of the same;(g)to advise, assist and befriend the probationer and, where necessary, to endeavour to find him suitable employment;(h)to keep a record of each case placed under his supervision, including notes of visits and interviews and relevant details as to the conduct and progress of the probationer, and preserve such records for not less than five years from the expiry of the probation orders to which they relate;(i)subject to any directions given by the court (whether in the probation order or otherwise) to make quarterly reports to the court which made the probation order regarding the conduct and progress of every probationer for whom he is responsible;(j)if the probationer fails to observe any of the terms or conditions of the probation order, to report such failure forthwith to the court which made the probation order;(k)to undertake any duties connected with the probation and rehabilitation of offenders which may be assigned to them in any specific case by a judge or magistrate.(l)to undertake any duties connected with the probation and rehabilitation of offenders which may be assigned to them either generally or specifically by the Chief Justice;(m)to submit oral or written reports or both to the probation committee and to discuss with that committee from time to time the progress of cases under their supervision.
3. Appointment of members of probation committees
(1)The appointment of members to a probation committee may be made by ex officio or personal appointment.(2)The members of a probation committee shall unless their appointment be sooner revoked, hold office for such time as may be specified on their appointment and shall be eligible for re appointment.(3)A member of a probation committee, other than an ex officio member, may at any time resign his office by written notice.
4. Chairman of probation committee
(1)The President shall designate a member of a probation committee to act as Chairman of such committee.(2)Such Chairman shall act as convenor to such probation committee.(3)If the Chairman of a probation committee shall be absent from any meeting of such committee at the time appointed for the holding of such meeting, the members present shall elect one of their members to act as Chairman at and for the meeting.
5. Secretary of probation committee
Unless for the purposes of any meeting the Chairman directs otherwise, a probation officer shall attend the meetings of a probation committee and act as secretary to it.
6. Meetings of probation committee and transaction of business
A probation committee shall meet at such times and places and shall make such arrangements as to the transaction and management of its usiness as, subject to the provisions of these regulations, it may deem proper.
7. Conduct of proceedings at meetings of probation committee
The following provisions shall apply in relation to the conduct of the proceedings of a probation committee
(a)No business shall be transacted at any meeting unless two or more members are present.(b)Every question at a meeting shall be determined by a majority of the votes of the members present and voting on that question.(c)In case of an equal division of votes the Chairman shall have a second or casting vote.(d)The proceedings of a probation committee shall not be invalidated by any vacancy or vacancies among its members or any defect in the mode of appointment of the committee or of any of its members.
8. Duties of probation committees
It shall be the duty of a probation committee to
(a)receive and consider the written or oral reports of probation officers;(b)make or direct the making of any communication which may be found necessary to make to a court;(c)discuss from time to time with the probation officers concerned the progress of the cases under their supervision and afford them such help and advice as it can in carrying out their duties;(d)ensure that probation officers perform their duties in a satisfactory manner.
9. Forfeiture of recognisance
The provisions of section 108 of the Criminal Procedure Code shall apply mutatis mutandis when a bond of security for good behaviour in respect of a probationer taken under section 10(1) of the Act is forfeited.
(1)The forms set out in the schedule hereto shall, with such variations as the circumstances of particular cases may require, be used for the purposes of the Act and of these regulations and shall for such purposes be good and sufficient in law.(2)When a court allows a person who consents to do so to give security for the good behaviour of an offender under the provisions of section 1091) of the Act, form C in the schedule hereto shall be used with such variations as the circumstances of particular cases may require and when so used shall be good and sufficient in law.