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Offenders (Probation and Community Service) Regulations, 2007 is Brunei Subsidiary Legislation, cited as Subsidiary Legislation S24 2007, currently marked in force and first recorded in 2007.
(S 6/2006)
OFFENDERS (PROBATION AND COMMUNITY SERVICE) REGULATIONS, 2007
Opening note
These Regulations may be cited as the Offenders [Probation and Community
Service) Regulations, 2007 and shall commence on the date appointed for the commencement of the Offenders (Probation and Community Service) Order, 2006
(S 6/2006).
Duties of Chief Probation Officer.
The duties of the Chief Probation Officer are as follows-
to be responsible to the Minister, or such other person as the
Minister may appoint, for the administration of the probation service;
to maintain a register of all volunteer probation officers appointed under subsection (2) of section 3 of the Order;
to maintain case-records and statistics of the work undertaken by probation officers;
to submit to the Minister in the month of January of each year a return of all persons dealt with during the preceding year; and
to perform such other duties as may be required to be performed by him under the Order, or by the Minister or by any person appointed by the Minister.
Probation committee.
( 1)
There is hereby appointed a probation committee consisting of the following persons -
365
{a)
the Permanent Secretary of the Ministry of Culture, Youth and
Sports or his representative;
{b)
the Attorney General or his representative;
{c)
the Commissioner of Police or his representative;
{d)
Director of Community Development;
{e)
the Chief Probation Officer;
{f)
the Chief Magistrate or his representative; and
{g)
5 other persons to be appointed by the Minister;
The probation committee shall consist of male and female members.
Chairman of committee.
The probation committee shall appoint one of its members to act as chairman.
Absence of chairman.
Secretary to committee.
The Chief Probation Officer shall be the secretary to the probation committee.
Meetings of probation committee.
Subject to these Regulations, the probation committee shall meet at such times and places and shall make such arrangements as to the transaction and management of its business as it thinks proper, and may regulate its own procedure.
Quorum.
No business shall be transacted at any such meeting unless 6 or more members of the probation committee are present.
366
Voting.
Every question at a meeting of the probation committee shall be determined by a majority of the votes of the members present and voting.
Chairman's casting vote.
In the event of an equality of votes, the chairman shall have a casting vote.
Saving.
The proceedings of the probation committee shall not be invalidated by reason of any vacancy amongst its members or any defect in the mode of appointment of any of its members.
Case committees.
The probation committee shall appoint from among its members one or more case committees to deal with persons placed on probation.
Convenor of case committees.
Duties of case committees.
A case committee shall -
(a}
receive and consider written and oral reports from probation officers and volunteer probation officers on the progress of each of the cases under their supervision;
(bJ afford such help and advice to probation officers and volunteer probation officers in performing their duties; and
(c}
direct, where necessary, any information furnished to the committee to be given to the court;
Reports by volunteer probation officers.
Without prejudice to the foregoing prov1s10ns of these Regulations, any report by a volunteer probation officer may be presented to the case committee or to the court by a probation officer on behalf of that volunteer probation officer.
367
Annual reports of case committees.
Medical etc. reports.
Probation officer to have access to medical etc. reports.
In the preparation of a pre-sentence report, the probation officer shall have access to and shall consider the contents of any medical, psychiatric, psychological report or any other relevant reports.
Supervision.
{a}
ensure that he understands
the effect of the order placing him under his supervision; and
the court's power to amend or discharge the order;
{b}
keep in close contact with the probationer, and unless there is good reason for not doing so, visit his residence from time to time and require him to report at stated intervals:
Provided that the number of meetings for the first month of probation shall not be less than one a week;
{c} where appropriate, i~ respect of that probationer, make use of any statutory or voluntary agency which might contribute to his welfare and take advantage of any available social, recreational, religious or educational facilities suited to the probationer's age, ability and temperament; and 368
Case-records.
A probation officer or volunteer probation officer shall maintain case-records on each placed under his supervision and shall make entries of each case without delay.
Keeping of case-records 21.
Case-records of probationers shall be kept by the Chief Probation Officer at his office.
Dress rule.
A probation officer or volunteer probation officer shall not wear any uniform or badge distinctive of his office.
Forms.
The forms set out in the Schedule are prescribed as the forms to be used for the purposes of the Order.
(regulation 23)
FORMS
FORMP.O.l
!section 5)
PROBATION ORDER
In the ................. Court
Court Case No ............. .
WHEREAS ............................................................... NRIC No ................. .
{Name in full)
........................................................................ (hereinafter called the defendant)
{Address)
appeared before the ........................................... Court and was on the ............... .
day of ........... 20 ........ convicted/found guilty of the offence ............................... ;
{State nature of offence)
AND WHEREAS the Court is of the opinion that having regard to the circumstances, including the nature of the offence and the character of the defendant, it is expedient to make a probation order against him;
AND WHEREAS the Court has explained to the defendant the effect of this
Order and the defendant has expressed his willingness to comply with the requirements thereof;
NOW, THEREFORE, it is hereby ordered that the defendant be required for the period of ........... years(s) next ensuing to be under the supervision of a probation officer/volunteer probation officer; and it is further ordered that he shall during that period comply with the following requirements -
{a)
that he will be of good behaviour and keep the peace;
370
that he will report to and receive visits from the probation officer or volunteer probation officer;
{c)
that he will not change his employment without the prior written approval of the probation officer or volunteer probation officer;
{d)
that he will notify the probation officer or volunteer probation officer forthwith of any change of his residence;
{e) that he will carry out such lawful instructions as may from time to time be given to him by the probation officer or volunteer probation officer;
{(}
* ....................................................................................................... .
Dated this ............ day of .................. 20 ........... ..
{Seal of the Court}
judge/Magistrate
•
Insert any further requirements.
371
(section 6)
ORDER DISCHARGING PROBATION ORDER
In the ................. Court
Court Case No ............. .
WHEREAS ......................................................... NRIC No ................... of
{Name of probationer)
............................................................. appeared before the .............................. .
{Address)
Court and a probation order was made by that Court requiring him/her to be under the supervision of a probation officer/volunteer probation officer for a period of ........ year(s) and further requiring him to * .......................................... ;
AND WHEREAS the Court has explained to the probationer the effect of this discharge;
AND WHEREAS an application to discharge the Order has been made by the probation officer/volunteer probation officer/probationer to the Court;
NOW, THEREFORE, the Court hereby discharges the Order.
372
Dated this ............ day of .................. 20 ............ .
(Seal of the Court)
Case File No ....................................... .
Supervising probation officer/
volunteer probation officer
• Here set out requirements.
373
judge/Magistrate
(Name in block letters)
(section 6)
ORDER AMENDING PROBATION ORDER
In the ................. Court
Court Case No ............ ..
WHEREAS ........................................................ NRIC No ..................... of
(Name of probationer}
.................................................................. appeared before the ........................ .
(Address}
Court and a probation order was made by that Court requiring him to be under the supervision of a probation officer/volunteer probation officer for a period of
........ year(s) and further requiring him to * ................................................... ;
AND WHEREAS the Court has explained to the probationer the effect of this amendment and the probationer has expressed his willingness to comply with the requirements of the Order as amended;
AND WHEREAS an application to amend the Order has been made by the probation officer/volunteer probation officer/probationer to the Court;
NOW, THEREFORE, the Court hereby amends the Order as followst 374
Dated this ............ day of .................. 20 ............ .
{Seal of the C~urt}
Case File No ....................................... .
Supervising probation officer/
volunteer probation officer
* Here set out requirements which is amended.
t
Here set out details of amendment.
375
judge/Magistrate
{Name in block letters}
(section 7)
INFORMATION FOR BREACH OF REQUIREMENTS OF PROBATION ORDER
In the . . . . . .. . . . . . . . . . . Court
Court Case No ............. .
The information of ........................................ NRIC No ........................... ..
(Name of informant)
of ....................................................................................................................... .
(Address)
who (upon/oath/affirmation) state: ..................................................................... .
................................................................................ NRIC No .......................... ..
(Name of Probationer)
.................................... (hereinafter called the defendant) was on the ............... ..
(Address)
day of ........................ 20 ........ convicted/found guilty by the ............................ .
Court of the following offence(s): ....................................................................... .
........................................................................................................................... ,
On the . .. . .. .. . . . .. .. .. .. . day of .. .. .. .. . . .. . .. .. .. . .. .. .. 20 ....... , the Court made a probation order requiring the defendant to be under the supervision of a probation officer/volunteer probation officer for the period of ......... year(s) then next ensuing and further requiring the defendant (amongst other things) to *
•••••• " ' .............. t .................... « ••••••••• ~ ................. * ,. •• ~ ~ •••••••• " * ••••••••••••••••• " .......... " ' ............. 1 376
30th. APRIL I 2007
The defendant did on the ........................ day of ................... 20 ....... fail to comply with the last-mentioned requirement in that the defendant ...................... .
Taken and sworn/affirmed before me on this .......... day of ............. 20 ... .
(Seal of the Court}
Signature o.finformant
Judge/Magistrate
Order of the Court ................................................................................. .
Case File No ....................................... .
Supervising probation officer/
volunteer probation officer
•
Here set out requirements which is contravened.
t
Here set out particulars of breach.
377
(Name in block letters}
OFFENDERS jPROBATION AND COMMUNITY SERVICE) ORDER, 2006
(section 9)
INFORMATION OF COMMISSION OF FURTHER
OFFENCE DURING PROBATION PERIOD
In the . . . . . . . . . .. .. . . . . Court
Court Case No ............. .
The information of ......................................... who (upon oath/affirmation)
states: .................................................................................... NRIC No ............ .
(Name of probationer)
of ..................................................................... (hereinafter called the defendant)
(Address)
was on the ..................... day of ........................ 20 ...... convicted/found guilty by the ........................... Court of the following offence(s): ..................................... ..
~ • • • • • • • • • • • • • • • • " • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • " • • • • * • • • • • • • • • • • ~ • • • • ~ • • • • • • • • • • • • • • • • • • • • • • • • • • • " • • • • • • • • • • • • " • • • • • • • • I
On the ...................... day of ........................... 20 ...... the Court made a probation order against the defendant for the period of .......... year(s) next ensuing subject to the condition that the defendant should commit no offence during the period;
The defendant was on the day ....................... day of ..................... 20 ..... .
convicted/found guilty by the ........................... Court of the following offence(s)
of. ....................................................................................................................... .
committed by him during that period, namely that on the .................................. .
day of .......................... 20 ..... he was sentenced/ordered to ............................... ..
378
Taken and sworn/affirmed before me on the ................. day of .......... 20 .. ..
Signature of informant
(Seal of the Court)
judge/Magistrate
Order of the Court ................................................................................. .
Case File No ....................................... .
Supervising probation officer/
volunteer probation officer 379
(Name in block letters)
BOND OF SECURITY FOR GOOD BEHAVIOUR
IN RESPECT OF A PROBATIONER
In the ................. Court
Court Case No ............. .
Before the .. . .. .. . . . . . . . . . . . .. . .. .. . . .. .. . .. . . . . . . . . . . . .. . .. . .. . . . . .. . . . . . .. . .. . .. . .. . .. . .. .. . . . . . Court
{Name of probationer}
NRIC No ................ of ...................................................................................... ..
{Address}
having appeared before the .................................... Court on the ................. day of ...................... 20 ..... ;
And a probation order having been made by the Court requiring him for the period of .. .. . .. .. . .. year(s) next ensuing to be under the supervision of a probation officer/volunteer probation officer and further requiring him
{a} to be of good behaviour and keep the peace;
{b) to report to and receive visits from the probation officer/volunteer probation officer;
{c)
not to change his employment without the prior approval of the probation officer/volunteer probation officer;
{d) to notify the probation officer/volunteer probation officer forthwith of any change in his residen~e;
{e)
to carry out such lawful instructions as may from time to time be given by the probation officer;
{f)
* ......................................................................................................... .
• ··········~ ................................... ·- ....... ~·· ,. .. ~- ... "" ........ ~- .. ~ ..... ~ ................. ·~ ..... * .............. ,
380
l/We hereby acknowledge myself/ourselves surety/sureties for him that he will comply with these requirements and in case of him making default therein, l/We bind myself/ourselves jointly and severally to forfeit to the Government the sum of dollars ........................................... .
Dated this ............ day of .................. 20 ............ .
1.
Signature: ............................. ..
2.
Signature: ............................. ..
Name: ................................... ..
Name: .................................... .
NRIC No.: ............................. ..
NRIC No.: ............................. ..
Address: ................................ .
Address: ................................ .
Acknowledged before me,
Sworn Interpreter
{Seal of the Court}
Case File No ...................................... ..
Supervising probation officer/
volunteer probation officer
* Insert any further requirements.
381
judge/Magistrate
{Name in block letters}
INFORMATION OF COMMISSION OF FURTHER OFFENCE
DURING PERIOD OF CONDITIONAL DISCHARGE
In the ................. Court
Court Case No ............. .
The information of ......................................... who (upon oath/affirmation)
{Name of informant}
states: ................................................................................. NRIC No ............... .
{Name}
of .............................................................. (hereinafter called the defendant) was
{Address}
on the ..................... day of ....................... 20 ........ convicted/found guilty by the
.................. Court of the following offence(s): .................................................... .
On the ................ day of ....................... 20 ...... the Court discharged the defendant subject to the condition that the defendant should commit no offence during the period of .......... month(sJ then next ensuing;
The defendant was on the ............................... day of ....................... 20 .. ..
convicted/found guilty by the .......................... Court of the offence(s) of ............ .
committed by him during that period, namely that on the ................................. ..
day of ....................... 20 ..... he was sentenced/ordered to .................................. .
382
Taken and sworn/affirmed before me on the ................. day of .......... 20 .. ..
Signature of informant
(Seal of the Court)
judge/Magistrate
Order of the Court ................................................................................. .
383
OFFENDERS (PROBATION AND COMMUNITY SERVICE} ORDER, 2006
BOND OF SECURITY FOR GOOD BEHAVIOUR
IN RESPECT OF A PERSON CONDITIONALLY DISCHARGED
In the ................. Court
Court Case No ............. .
Before the ................................................ Court ..................................... .
(Name)
holder of NRIC No .................... of ..................................................................... .
(Address)
(hereinafter called the defendant) having appeared before the ............................. .
Court on the .......................... day of ............................. 20 ..... ;
And the Court having ordered that the said defendant be discharged subject to the condition that the defendant commits no offence during the period of
............ year(s) next ensuing;
1/We hereby acknowledge myself/ourselves surety/sureties for the defendant that he will comply with that condition and in case of him making default therein, I/We bind myself/ourselves jointly and severally to forfeit to the
Government the sum of dollars ................................................ .
Dated this ............ day of ..... : ............ 20 ............ .
1.
Signature: ............................. .
2.
Signature: ............................. .
Name: .................................. ..
Name: ................................... .
NRIC No ............................... .
NRIC No.: ............................. .
Address: ............................... .
Address: .............................. ..
Acknowledged before me,
384
Signature of informant
{Seal of the Court)
judge/Magistrate
Made this 14th. day of Rabiulawal, 1428 Hijriah corresponding to the 2nd. day of April, 2007.
385
PEHIN ORANG KAY A SERI DEWA MEJAR JENERAL (B)
DATO SERI PAHLAWAN HAJI A WANG MOHAMMAD BIN
HAJI DAUD
Minister of Culture, Youth and Sports.
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