Chapter 11:04 - Probation of Offenders

Link to law: http://legalaffairs.gov.gy/information/laws-of-guyana/483-chapter-1104-probation-of-offenders/file

L.R.O. 1/2012
LAWS OF GUYANA
PROBATION OF OFFENDERS ACT
CHAPTER 11:04
Act
53 of 1952
Amended by
21 of 1962 4 of 1972
1 – 23 ... 1/2012 (inclusive) by L.R.O.
Pages Authorised
Current Authorised Pages
6 of 1972
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Index
of
Subsidiary Legislation
Page
Probation of Offenders Rules 16
(R. 3/1962)
Note
on
Repeal
This Act repealed the Probation of Offenders Ordinance, Cap 21 of the 1929 edition.

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CHAPTER 11:04
PROBATION OF OFFENDERS ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Application.
3. Interpretation.
4. Power of court to permit conditional release of offender.
5. Probation order.
6. Re-vesting property when probation order made.
7. Further provisions when court makes probation order.
8. Commission of further offences by probationers.
9. Failure of probationer to comply with probation order.
10. Probation order: disqualification or disability.
11. Transmission of documents when case is remitted to another court.
12. Amendment of probation orders.
13. Discharge of probation orders.
14. Transmission of copies of orders for amendment or discharge of
probation orders.
15. Selection of probation officers.
16. Contributions towards homes and hostels.
17. Appointments.
18. Rules.
__________________________ 1953 Ed.
c. 19 _______________________________________________________
53 of 1952 An Act to provide for the Probation of Offenders.
[27TH DECEMBER, 1952]
Short Title.
[21 of 1962]
Application.
1. This Act may be cited as the Probation of Offenders
Act.
2. The Act shall in relation to juveniles apply subject
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[4 of 1972]
c. 10:03
Interpretation.
[4 of 1972]

Power of court
to permit
conditional
release of
offender.
[4 of 1972]

to the provisions of the Juvenile Offenders Act.
“Central Probation Committee” means the Committee
appointed under section 17;
“chief probation officer” means a person appointed to be a
chief probation officer under this Act;
“district probation committee” means a committee appointed
to be a district probation committee under section 17;
“juvenile” means a person under the age of seventeen years;
“Minister” means the Minister charged with responsibility for
the Probation Service Department;
“probation officer” means a person appointed to be a
probation officer under this Act;
“probation order” means an order made under this Act
placing a person under the supervision of a probation
officer;
probation order.
4. (1) Where any person is charged with an offence
which is punishable on summary conviction, and the court
thinks that the charge is proved but is of opinion that having
regard to the circumstances, including the nature of the
offence and the character and home surroundings of the
offender, it is expedient to release the offender on probation,
the court may –
(a) where the offender is not a juvenile,
3. In this Act -
“probationer” means a person pl aced under supervision by a
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Probation
Order.
[21 of 1962]


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
expresses his willingness to comply with the order.
(2) Where any person is convicted of an offence
which is not punishable on summary conviction, and the
court is of opinion that, having regard to the circumstances,
including the nature of the offence and the character and
home surroundings of the offender, it is expedient to release
the offender on probation, the court may in lieu of imposing a
sentence of imprisonment, 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 order.
5. (1) A probation order shall have effect for such
period not less than one year and not more than three years
from the date of the order as may be specified therein, and
shall require the probationer to submit during that period to
the supervision of a probation officer appointed for or
assigned to the magisterial district in which the probationer
will reside after the making of the order, and shall contain
such provisions as the court considers necessary for securing
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Re-vesting
property when
probation order
made.
[4 of 1972]

Further
provisions
when court
the supervision of the offender, and such additional
conditions as to residence and other matters (including
submission by the probationer to medical treatment) as the
court, having regard to the circumstances of the case,
considers necessary for securing the good conduct of the
offender or for preventing a repetition of the same offence or
the commission of other offences:
Provided that (without prejudice to the power of the
court to make an order under section 7(1)) the payment of
sums by way of damages for injury or compensation for loss
shall not be included among the requirements of a probation
order.
(2) Where a probation order contains a provision
as to residence, the place at which and the period for which
the probationer is to reside shall be specified in the order and
when any such provision requires the probationer to reside in
an institution, the period for which the probationer is
required so to reside shall not extend beyond twelve months
from the date of the order, and the court shall forthwith give
notice of the terms of the order to the Minister.
(3) The court by which a probation order is made
shall furnish two copies of the order, one copy to be given to
the probationer and the other to the probation officer under
whose supervision he is placed.
6. Where a probation order is made by a court of
summary jurisdiction, the order shall, for the purpose of re-
vesting or restoring stolen property and of enabling the court
to make orders as to the restitution or delivery of property to
the owners and as to the payment of money upon or in
connection with such restitution or delivery, have the like
effect as a conviction except in the case of a juvenile.
7. (1) Where a person is placed by a probation order
under the supervision of a probation officer, the court may,
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makes
probation
order.

Commission of
further offences
by
probationers.
[4 of 1972]
without prejudice to its power of awarding costs against the
compensation for loss as the court thinks reasonable, but not,
in the case of an order made by a court of summary
jurisdiction, exceeding in the aggregate seven thousand eight
hundred dollars or such greater sum as may be allowed by
any enactment relating to the offence:
Provided that in the case of a juvenile the order for the
payment of such damages or such compensation for loss shall
be made against the parent or guardian.
(2) Where a court makes any such order for the
payment of damages or compensation as aforesaid, the order
may be enforced in like manner as an order for the payment
of costs by the offender, and where the court, in addition to
making such an order for the payment of damages or
compensation to any person, orders the offender to pay to
that person any costs, the orders for the payment of damages
or compensation and for the payment of costs may be
enforced as if they constituted a single order for the payment
of costs.
8. (1) If it appears to a judge or any magistrate that a
probationer has been convicted of an offence committed while
the probation order was in force, he may issue a summons
requiring the probationer to appear at the place and time
specified therein or may issue a warrant for his arrest:
Provided that a magistrate shall not issue such a
summons except on information, and shall not issue such a
warrant except on information in writing and on oath.
(2) A summons or warrant issued under this
section shall direct the probationer to appear or to be brought
before the court by which the probation order was made.
offender, order the offender to pay such damages for injury or
[4 of 1972 6 of 1997]
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(3) Where a probationer is found guilty by, or
admits his guilt before, a magistrate of an offence committed
while the probation order was in force, the magistrate may
commit the probationer to custody or release him on bail,
with or without sureties, until he can be brought or appear
before the court by which the probation order was made.
(4) Where it is proved to the satisfaction of the
court by which the probation order was made that the
probationer has been found guilty, or has admitted before a
court his guilt, of an offence while the probation order was in
force, then
(a) if the probationer was not convicted
of the original offence in respect of
which the probation order was made,
the court may in the case of a juvenile,
pass any sentence which it could pass
if the probationer had just been found
guilty before that Court of that
offence and in any other case, may
proceed to conviction and pass any
sentence as aforesaid; or
(b) if the probationer was convicted of
the original offence in respect of
which the probation order was made,
the court may pass any sentence
which it could pass if the probationer
had just been convicted before the
court of that offence.
(5) Where a probationer in respect of whom a
probation order has been made by a magistrate is found
guilty by, or has admitted before, the High Court his guilt of
an offence committed while the probation order was in force,
then –

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Failure of
probationer to
comply with
probation
order.

(a) if the probationer was not convicted
of the original offence in respect of
which the probation order was made,
the High Court may, in the case of a
juvenile, without proceeding to a
conviction pass any sentence which it
could pass if the probationer had just
been found guilty before that court of
that offence and, in any other case,
may proceed to conviction and pass
any sentence as aforesaid; or
(b) if the probationer was convicted of
the original offence in respect of
which the probation order was made,
the High Court may pass any
sentence which the court which made
the probation order could pass if the
probationer had just been convicted
before that court of that offence.
9. (1) If it appears to a judge or any magistrate that a
probationer has failed to comply with any of the provisions of
the probation order, he may issue a summons to the
probationer requiring him to appear at the place and time
specified therein or may issue a warrant for his arrest:
Provided that a magistrate shall not issue such a
summons except on information, and shall not issue such a
warrant except on information in writing and on oath.
(2) A summons or warrant under this section shall
direct the probationer to appear or to be brought before the
court by which the probation order was made.
(3) If it is proved to the satisfaction of the court by
which the probation order was made that the probationer has
[4 of 1972 6 of 1997]
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failed to comply with any of the provisions of the probation
order, then –
(a) without prejudice to the continuance
in force of the probation order, the
court may impose on the probationer
a fine of six thousand five hundred
dollars except that in the case of a
juvenile the order for the payment of
a fine shall be made against the parent
or guardian of the juvenile; or
(b) (i) if the probationer was not
convicted of the original
offence in respect of which the
probation order was made, the
court may in the case of a
juvenile, pass any sentence
which it could pass if the
probationer had just been
found guilty before that court
of that offence and in any other
case, may proceed to conviction
and pass any sentence as
aforesaid; or
(ii) if the probationer was
convicted of the original
offence in respect of which the
probation order was made, the
court may pass any sentence
which it could pass if the
probationer had just been
convicted before that court of
that offence:
Provided that where a court has under paragraph (a)
imposed a fine on the probationer, then, on any subsequent
sentence being passed upon the probationer under section 8
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Probation
order;
disqualification
or disability.

Transmission of
documents
when case is
remitted to
another court.
[4 of 1972]
or under this section, the imposition of the said fine shall be
taken into account in fixing the amount of the said sentence.
10. (1) Where a person is convicted of an offence and
is released under a probation order, his conviction for that
offence shall be disregarded for the purposes of any
enactment by or under which any disqualification or
disability is imposed upon convicted persons or by or under
which provision is made for a different penalty in respect of a
second or subsequent offence or in respect of an offence
committed after previous conviction:
Provided that if the probationer is subsequently
sentenced for the original offence, this section shall cease to
apply in respect of that offence, and he shall be deemed, for
the purposes of any such enactment imposing a
disqualification or disability, to have been convicted on the
date of sentence.
(2) Where a person is released on probation,
without the court having proceeded to conviction, and he is
subsequently convicted and sentenced for the original
offence, then he shall be deemed, for the purposes of any
enactment by or under which any disqualification or
disability is imposed upon convicted persons or by or under
which provision is made for a different penalty in respect of a
second or subsequent offence or in respect of an offence
committed after a previous conviction, to have been convicted
on the date of such conviction and sentence.
11. Where a probationer is committed to custody or
released on bail by a magistrate until he can be brought or
appear before the court which made the probation order, the
magistrate shall transmit to the said court such particulars of
the case as he thinks desirable, and where the probationer has
been convicted, or in the case of a juvenile the recording of his
guilt has been made, of a subsequent offence by a magistrate,
the magistrate shall transmit to the said court a certificate to
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Amendment of
probation
orders.
[21 of 1962]

that effect, signed by him and for the purposes or proceedings
in the court to which it is transmitted any such certificate, if
purporting to be so signed, shall be admissible as evidence of
the conviction or of the guilt, as the case may be.
12. (1) Subject to the provisions of this section, where,
on the application of a probationer or of the probation officer
responsible for his supervision, the court which made the
probation order is satisfied that the provisions of the
probation order should be varied, or that any provisions
should be inserted or cancelled, the court may by order
amend the probation order accordingly:
Provided that no order shall be made under this section
reducing the period of duration of the probation order, or
extending that period beyond a period of three years from the
date of the probation order.
(2) An order under the foregoing subsection may
require a probationer to reside in an institution for any period
not extending beyond twelve months from the date of that
order, if the total period or the aggregate of the periods for
which he is required to reside in any institution or institutions
under the probation order does not exceed twelve months.
(3) The court shall, if it is satisfied, on the
application of the probation officer responsible for the
supervision of the probationer, that the probationer has
changed, or is about to change, his residence from the
magisterial district named in the order to another magisterial
district, by order vary the probation order by substituting for
the reference to the magisterial district named therein a
reference to the magisterial district where the probationer is
residing or is about to reside, and shall transmit to the court
for the new magisterial district all documents and
information relating to the case, and thereupon the last
mentioned court shall be deemed for all purposes of this Act
to be the court by which the probation order was made.
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Discharge of
probation
[21 of 1962]
Transmission of
copies of orders
for amendment
or discharge of
probation
orders.


Selection of
probation
officers.
[21 of 1962
4 of 1972]
(4) An order under this section cancelling a
provision of a probation order or substituting a new
magisterial district for the magisterial district named therein
may be made without summoning the probationer, but no
other order under this section shall be made except on the
application or in the presence of the probationer.
(5) Where an order is made under this section for
the variation, insertion, or cancellation of a provision
requiring a probationer to reside in an institution, the court
shall forthwith give notice of the terms of the order to the
Minister.
13. (1) The court by which a probation order was
made may, on the application of the probationer or of the
probation officer responsible for his supervision, discharge
the probation order, and where the application is made by the
probation officer, the court may deal with it without
summoning the probationer.
(2) Where an offender in respect of whom a
probation order has been made is subsequently sentenced for
the offence in respect of which the probation order was made,
the probation order shall cease to have effect.
14. Where an order is made for the amendment or
discharge of a probation order, the clerk of the court by which
the order is made shall furnish two copies of the order to the
probation officer responsible for the supervision of the
probationer or in the case of an order for the discharge of a
probation order, to the probation officer who was so
responsible before the making of the order, one copy to be
given by him to the probationer.
15. (1) The probation officer who is to be responsible
for the supervision of any probationer shall be selected by the
chief probation officer, and if the probation officer so selected
dies or is unable for any reason to carry out his duties,
orders.
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Contributions
towards homes
and hostels.
[4 of 1972]
Appointments.
[21 of 1962]

another probation officer shall be selected.
(2) Where a woman or girl is placed under the
supervision of a probation officer, the probation officer shall
be a woman.
16. Such contributions may be made towards the
establishment of homes or hostels for the reception of persons
placed under the supervision of probation officers as the
National Assembly may approve.
17. (1) There shall be –
(a) a chief probation officer who shall
organise and supervise the probation
service in Guyana in accordance with
rules made under this Act;
(b) a sufficient number of probation
offices, qualified by character and
experience to be probation officers,
who shall perform such duties as may
be prescribed by rules made under
this Act.
(2) The Minister shall appoint –
(a) a Central Probation Committee; and
(b) a district probation committee for
each magisterial district of Guyana,
consisting of such persons as the Minister shall think fit, and
the committees so appointed shall perform such duties in
connection with probation as may be prescribed by rules
made under this Act.

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Rules.
[21 of 1962]

18. The Minister may make rules prescribing –
(a) the duties of a chief probation officer;
(b) the duties of probation officers;
(c) the constitution and duties of the
Central Probation Committee and the
district probation committees;
(d) the form of records to be kept under
this Act;
(e) the remuneration of any person
appointed to carry out any duties
under this Act and the fees and
charges to be made for any act, matter
or thing under this Act to be done or
observed;
(f) generally for carrying this Act into
effect.
--------------------

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Citation.

Duties of the
Chief Probation
Offocer.


SUBSIDIARY LEGISLATION
_________________
PROBATION OF OFFENDERS RULES
1. These Rules may be cited as the Probation of
Offenders Rules.
PART I
2. The duties of the Chief Probation Officer shall be
(a) To train all staff for the probation service;
(b) To advise the Central Probation
Committee on all technical details of the
probation system and to act as secretary
to the said Committee;
(c) To supervise the field work and all case
records of all probation officers
(d) To act as liaison between the Central
Probation Committee and the juvenile
authority which may hereafter be
established, on questions of probation,
training schools and other similar
institutions, and such like matters;
(e) To co-ordinate the activities of the
probation department with the police,
charitable organizations, social services
and clinics;
(f) To encourage, by frequent reports and
observation, the promotion of effective
methods for the fullest development of
probation.

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Duties of
Probation
Officer

Making of
enquiries and
maintaining
with
probationer.
Probation
order to be
explained to
probationer.

Probationer
under 17 years.

Probation
Officer under
rule.
3. It shall be the duty of a probation officer to
supervise the probationers and other persons placed under
his supervision and to advise, assist and befriend them, to
enquire, in accordance with any direction of the court, into
the circumstances or home surroundings of any person, to
advise, assist and befriend persons who have been released
from custody, in such cases and in such manner as the chief
probation officer may direct, and to perform such other
duties as the chief probation officer may direct.
4. A probation officer shall, subject to any directions
given by the court (whether in the probation order or
otherwise) visit the home maintaining of a probationer
placed under his supervision and make enquiries as to his
behaviour, mode of life and employment. The probation
officer shall keep in close contact with such a probationer
and shall secure, as far as possible, the co-operation and
assistance of social and religious workers or agencies.
5. A probation officer shall satisfy himself that every
probationer placed under his supervision understands the
conditions of the probation order that relates to him and the
probation officer shall, by warning and persuasion,
endeavour to ensure the observance of the conditions by the
probationer.
6. In the case of a probationer under the age of
seventeen years, the probation officer shall endeavour to
secure his connection with some organisation for the care
and protection of the young, such as a Sunday School, Club,
Association of Boy Scouts or Girl Guides or Boys' or Girls'
Brigades.
7. A probation officer shall make himself conversant
with the provisions of the Probation of Offenders Act, and
with these Rules.
close contact
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Probation
Officers to
submit reports.

Uniform, etc.
Record of
each case.
Record of
each probation
order.
8. (1) A probation officer shall report—

(a) to the court, in accordance with
any directions given by the court in
the probation order or otherwise;
(b) as to the conduct and mode of life of
every probationer placed under his
supervision and generally as to his
progress, to the district probation
committee;
(c) to the court and to the district
probation committee, the failure of a
probationer placed under his
supervision to observe any of the
conditions of the probation order
relating to him;
(d) to the district probation committee
upon any outside case under his
supervision.
(2) Reports of a probation officer shall be made at
such intervals and in such manner as the chief probation
officer may direct and they shall not be made in open court
or published.
9. A probation officer shall not wear any badge or
uniform distinctive of his office.
10. Every probation officer shall keep a record of each
case placed under his supervision, in the form and manner
prescribed by these Rules.
11. When a probation order has been made by a court
of summary jurisdiction or by the High Court or by an
appellate court, a copy of such order shall be filed in the
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Record of each
case to be kept
in envelope.

Forms.

Transfer of
case.

Entries of each
case to be
made by
probation
officer.
Preservation of
records.

Person other
than Probation
Officer.

“The
Committee”.
Probation Service Department.
12. The particulars forming the record of each case
shall be entered by the probation officer on a "leaf" and one
or more "followers" which shall be kept in a cardboard
envelope bearing on the outside the full name of the
probationer, with the surname written first, and the date of
the expiry of the probation order.
13. The "leaves", "followers" and envelopes shall be in
the form approved by the chief probation officer.
14. When the supervision of a case is transferred to a
probation officer attached to another court or area, the record
shall be forwarded to that probation officer.
15. The entries in each case shall be made from time to
time without delay by the probation officer concerned. It
shall be the duty of the person having custody of the records,
subject to the general supervision of the chief probation
officer, to see that the entries are duly and properly made.
16. Records shall be preserved for not less than ten
years from the expiration of the probation order to which
they relate.
17. Where any person not being a probation officer is
named in a probation order, he shall observe the foregoing
rules in regard to the duties, reports and records of probation
officers so far as they are applicable.
PART II
THE CENTRAL PROBATION COMMITTEE
18. (1) The Minister shall appoint a Central Probation
Committee (hereinafter referred to in this Part as "the
Committee") consisting of a chairman and not more than
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Resignation of

seven other members.
(2) The members of the Committee shall be
appointed for not more than two years and shall be eligible
for re-appointment.
(3)The chairman, if present, shall preside at all
meetings of the Committee and in his absence the members
present may elect one of their number to be chairman of the
meeting.
(4) Three members present at any meeting of the
Committee shall form a quorum.
(5) The Committee shall meet at such times and
places as it thinks fit, and subject to these Rules, may
regulate its own procedure.
(6) At a meeting of the Committee every question
shall be determined by a majority of the members voting on
that question and if the votes are equally divided the
chairman of the meeting shall have a second or casting vote.
(7) Subject to paragraph (4), the proceedings of the
committee shall not be invalidated by reason of any defect in
the appointment or qualification of the Committee or of any
member thereof or by any vacancy amongst its members.
(8) The chief probation officer shall be the secretary
to the Committee and shall record and keep the minutes of
all meetings of the Committee, and a copy of the minutes
shall be confirmed at a subsequent meeting.
19. (1) Any member of the Committee, other than
the chairman, may at any time resign his office by
the receipt by the Minister of such instrument such member
instrument in writing addressed to the Minister and
transmitted through the chairman, and from the date of
member.
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Absence of
a member
and the
power to
appoint
Duty of
Committee.
c. 11:04

shall cease to be a member of the Committee.
(2) The chairman of the Committee may at any
time resign his office by instrument in writing addressed to
the Minister and such resignation shall take effect as from
the date of the receipt of such instrument by the Minister.
20. (1) The Minister may grant leave of absence to
any member of the Committee.
(2) Where leave has been granted as aforesaid, the
Minister may appoint another person to act in the place of
the member of the Committee who has been granted such
leave.
(3)Where a member of the Committee, other than
the chairman, without leave of the chairman, absents himself
from three consecutive meetings of the Committee, he shall
be deemed to have resigned.
(4)Where a member of the Committee has resigned,
or is deemed to have resigned under paragraph (3), or where
the appointment of a member of the Committee is revoked,
the Minister may appoint another person to be a member of
the Committee for the unexpired portion of his predecessor's
term of office.
21. It shall be the duty of the Committee—
(a) to advise and report to the Minister on any
carrying out of the provisions and objects of
the Probation of Offenders Act;
which the Minister may seek its advice with
a view to the proper carrying out of the
provisions of the Probation of Offenders
others.
(b) to advise the Minister on any matter about
matter which in its opinion affects the proper
LAWS OF GUYANA
22 Cap. 11:04 Probation of Offence
[Subsidiary] Probation of Offenders Rules
L.R.O. 1/2012
Other
Committees.
Resignation.
Rule 20.
Act.
PART III
DISTRICT PROBATION COMMITTEES
22. (1) The magistrate of the magisterial district for
which a district probation committee is appointed shall, by
virtue of his office, be the chairman thereof.
(2) A district probation committee shall consist of not
more than eight other members who shall be appointed by
the Minister.
(3) The members of a district probation committee
other than the chairman shall be appointed for not more than
two years and they shall be eligible for reappointment.
(4) Rule 18(3) to (7) inclusive shall mutatis mutandis
apply to a district probation committee as they apply to the
Central Probation Committee appointed under rule 18.
(5) The probation officer assigned to the magisterial
district for which a district probation committee has been
appointed shall be the secretary to the committee and shall
record and keep the minutes of all meetings of the committee
and a copy of the minutes shall be confirmed at a subsequent
meeting.
23. Any person appointed by the Minister as a
member of a district probation committee may, at any time,
resign his office by instrument in writing addressed to the
Minister and transmitted through the chairman, and from
the date of the receipt by the Minister of such instrument
such member shall cease to be a member of the committee.
24. Rule 20 of these Rules shall mutatis mutandis apply
to persons appointed by the Minister as members of a district
LAWS OF GUYANA
Probation of Offence Cap. 11:04 23
[Subsidiary] Probation of Offenders Rules
L.R.O. 1/2012
Duties of
district
probation
committee.
probation committee as they apply to members of the
Central Probation Committee.
25. The duties of a district probation committee shall
be—
(a) from time to time to receive and consider
written or oral probation reports from each
probation officer concerning persons under
his supervision and to discuss with the
probation officer the progress of these
persons;
(b) to afford each probation officer help and
advice in carrying out his duties;
(c) to make such periodical returns and reports
to the Central Probation Committee as it
may from time to time require.

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