CHAPTER 247
PROBATION OF OFFENDERS ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

   Section

Title

   1.   Short title and application.

   2.   Interpretation.

   3.   Power of court to permit conditional release of offenders.

   4.   Probation order.

   5.   Further provisions where court makes probation order.

   6.   Commission of further offences by probationers.

   7.   Failure by a 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.

CHAPTER 247
THE PROBATION OF OFFENDERS ACT

An Act to provide for the probation of offenders.

[5th September, 1947]

Ords. Nos.
17 of 1947
16 of 1948
31 of 1952
55 of 1963
Acts Nos.
15 of 1980
9 of 1985
G.N. No. 478 of 1962
R.L. Cap. 247

1.   Short title and application

   This Act may be cited as the Probation of Offenders Act and shall apply to such areas of Mainland Tanzania and from such dates as the Minister may, by proclamation, declare.

2.   Interpretation Ords. Nos. 31 of 1952 s. 2; 55 of 1963 Sch.">

   In this Act, unless the context otherwise requires–

   "magistrate" includes a primary court magistrate;

   "Minister" means the Minister responsible for home affairs;

   "probation officer" means a probation officer appointed under the provisions of section 15 of this Act and includes assistant probation officers appointed under that section;

   "probation order" means an order made under this Act placing a person under the supervision of a probation officer;

   "probationer" means a person placed under supervision by a probation order.

3.   Power of court to permit conditional release of offenders Acts Nos. 55 of 1963 sch.; 15 of 1980 Sch.; 9 of 1985 s. 398">

   (1) Where any person is charged with an offence which is triable by a primary court, a district court or a court of a resident magistrate and the court thinks that the charge is proved but is of the opinion that, having regard to the youth, character, antecedents, home surroundings, health or mental condition of the offender, or the nature of the offence, or to any extenuating circumstances in which the offence was committed, it is expedient to release the offender on probation, the court may–

   (a)   convict the offender and make a probation order; or

   (b)   without proceeding to conviction, make a probation order:

   Provided that, before making a probation order, the court shall explain to the offender in ordinary language the effect of the order and that, if he fails in any way to comply therewith or commits another offence, he will be liable to be sentenced or to be convicted and sentenced for the original offence, and the court shall not make a probation order unless the offender express his willingness to comply with the provisions of the order.

   (2) Where any person is convicted of an offence by the High Court and the court is of the opinion that, having regard to the youth, character, antecedents, home surroundings, health or mental condition of the offender, or to the nature of the offence, or to any extenuating circumstances in which the offence was committed, it is expedient to release the offender on probation, the court may, in lieu of sentencing him to any punishment, make a probation order:

   Provided that before making a probation order the court shall explain to the offender in ordinary language the effect of the order and that if he fails in any respect to comply therewith or commits another offence, he will be liable to be sentenced for the original offence, and the court shall not make a probation order unless the offender expresses his willingness to comply with the provisions of the order.

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