Government Gazette REPUBLIC OF SOUTH AFRICA Vol. 449 Cape Town 7 November 2002 No. 24027 THE PRESIDENCY No. 1389 7 November 2002 It is hereby notified that the President has assented to the following Act, which is hereby published for general information:– No. 35 of 2002: Probation Servcies Amendment Act, 2002. AIDS HELPLINE: 0800-123-22 Prevention is the cure 2 GOVERNMENT No. 24027 GAZETTE, 7 NOVEMBER 2002 Act No. 35,2002 PROBATION SERVICES AMENDMENT ACT, 2002 GENERAL EXPLANATORYNOTE: r 3 Words in bold type in square indicate brackets omissions from existing enactments. Words underlined with existing enactments. a solid line indicate insertions in (English text signed by the President.) (Assented to 31 October 2002.) ACT To amend the Probation Services Act, 1991,so as to insert certain definitions; to make further provision for programmes aimed at the prevention and combating of crime; to extend the powers and duties of probation officers; to provide for the duties of assistant probation,officers; to provide for the mandatory assessment of arrestedchildren;toprovidefortheestablishment of aprobationadvisory committee; to provide for the designation of family finders; and to provide for matters connected therewith. B E IT ENACTED by Parliament the follows:- of .the Republic of South Africa, as Amendment of section 1 of Act 116 of 1991 C ’ 1. Section 1 of theProbationServicesAct, 1991 (hereinafter referred to as the principal Act), is hereby amended( a ) by the insertion before the definition of “authorized probation officer” of the following definitions: “ ‘assessment’ means a process of developmental assessment or evaluation of a person, the family circumstances of the the person, nature and circumstances surrounding the alleged commissionan offence, its of impact on the victim, the attitude of the alleged offender in relation to the offence and any other relevant factor; ‘assistant probation officer’ means a person appointed under section 4A and who assists and works under s-upervision ofa probation officer;”; the (b) by the insertion after the definition of “authorized probation officer” of the following definition: ‘child’ means any person under the age of 18 years;”; (c) by the insertion after the definition of “Director-General” of the following definitions: ‘‘ ‘diversion’ means diversion from the formal court procedure with or without conditions; ‘diversion programme’ means a programme within the context of the family and community( a ) in respect of a person who is alleged to have committed an offence; and (b) which is aimed at keeping that person away from the formal court procedure; “ 5 10 15 20 25 . 4 GOVERNMENT No. 24027 GAZETTE, PROBATION SERVICES AMENDMENT 2002 ACT, 7 NOVEMBER 2002 Act No. 35,2002 .c I ‘early intervention’ the means provision of services, diversion programmes and other programmes aimed at preventing the need for a person who is alleged to have co’mmitted an offence to be dealt with in terms of the formal court procedure; ‘family finder’ meansa person appointed under section9 and includes an 5 assistant probation officer; ‘family group conferencing’ means gathering convened by a probation a officer as a diversion or sentencing option to devise a restorative justice response the offence; to . ‘familymember’means a person whois related to anotherperson 10 biologically, by law or according to customary law; ‘home-based supervision’ means supervision under certain conditions where an arrested, accused, convicted or sentenced child in the care of his or her parents or guardian or in the custody of any other person, is monitored by an assistant probation officer;”; 15 (d) by the insertion after thedefinition of “regulation” of the following definition: ‘restorative justice’ means the promotion of reconciliation, restitution and responsibility throughinvolvement the of child, the a and child’s parents, family members, victims and communities concerned;”; and the (e) by the substitution the for definition of “supervision” of the following 20 definition: ‘supervision’ means supervision of [a] an accused, convicted or sentencedperson by aprobation officer [by virtue] interms of the provisions of any law;”. , “ “ “ Amendment of section 3 of Act 116 of 1991 25 2. Section 3 of the principal Act is hereby amended(a) by the substitution for the words preceding paragraph (a) of the following words: “TheMinister may, in respect of different categories of persons, establish or cause to be established programmes or services which are 30 aimed at-”; ( 0 ) by the substitution for paragraph (a) of the following paragraph: “(a) the prevention and combating of crime;”; ( c ) by the substitution for paragraph (dl of the following paragraph: “ ( d ) theassessment,care, [and] treatment,support,referralforand 35 provision of mediation in respect of the victims of crime;”; and (d) by the deletion at the endof paragraph (i) of the word “and” and the addition after paragraph (j) of the following paragraphs: “ ( k ) early intervention, including family group conferencing; and ( I ) restorativejustice as part of appropriatesentencinganddiversion 40 options.”. Amendment of section 4 of Act 116 of 1991 i ~ - 3. Section 4 of the principal Act is hereby amended by the addition to subsection (1) of the following paragraphs: “(i) the reception,assessmentandreferral of an accused the and rendering 45 of earlyinterventionservicesandprogrammes,includingmediationand family group conferencing; ( j ) the investigation of the circumstances of an accused and the provision of a pre-trial report recommending the desirability or otherwise of prosecution; (k) the investigation of the circumstances of a convicted person, the compiling I 50 of a pre-sentencing report, the recommendation of an appropriate sentence and the givinx of evidence before the court.”. I Insertion of sections 4A and 4B in Act 116 of 1991 4. The following sections are hereby inserted in the principal Act after section 4: ‘I 6 No. 24027 GOVERNMENT GAZETTE, PROBATION SERVICES AMENDMENT ACT, 2002 7 NOVEMBER 2002 Act No. 35,-2002 “Appointment and duties assistant probation officers of 4A. (1) The Minister may appoint as many suitable persons as heor she may deem necessary as assistant probation officers to perform the duties imposed by or under this Act or any other law on an. assistant probation officer. - 5 -(2)The duties of an assistant probation officer shall includethe monitoring of a child subject to home-based supervision; the monitoring of persons subject to supervision; family finding; the gathering of information for assessment by the probation officer; i 0 and . assisting a probation officer with his or her duties. Assessment of arrested child 4B. Any arrested child who has not been released shall be assessed by a probation officer as soon as reasonably possible, but before his or her first 15 appearance in court in terms of section 50( l)(c) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977): Provided that if the child has not yet been assessed when broughtbefore the court,the court may authorise the extension of the period within which the assessment must take place by periods not exceeding seven days at a time following his or her first court 20 appearance.”. Insertion of section SA in Act 116 of 1991 I 5 . The following section is hereby inserted in the principal Act after section 8: “Establishment of probation advisory committee SA. The Minister may, in the prescribed manner, establish and maintain 25 a probation advisory committee to advise him or her on matters regarding probation services in the country.”. Insertion of section 15A in Act 116 of 1991 6. The following section is hereby inserted in the principal Act after section 15: “Family finders 15A. Whenever a child is brought before the court the child’s parents and or guardian is not present at court, a probation officer may designate a family finder to trace the parents or guardian and to brinp them to court in order to assist the child in the case.”. Short title 7.This Act is called the Probation Services Amendment Act, 2002. 35 30