Community Justice Act


Published: 2008

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2008, No.5

AN ACT to promote criminal justice by the provision of a
community based justice system that fosters community
based sentencing options and the rehabilitation and
reintegration of offenders.
[25th
January 2008]


BE IT ENACTED by the Legislative Assembly of Samoa in
Parliament assembled as follows:



2008, No.5 Community Justice 3

PART I
COMMUNITY BASED JUSTICE SYSTEM

1. Short title and commencement-(1) This Act may be
cited as the Community Justice Act 2008.
(2) This Act shall commence on the date of assent by the
Head of State.

2. Purpose - The purpose of this Act is to administer and
operate a community based justice system that will promote
public safety and contribute towards the maintenance of a just
society by:
(a) ensuring that sentences are administered in a fair
and effective manner; and
(b) reducing re-offending by managing the rehabilitation
of offenders and their reintegration into society;
and
(c) providing useful and timely information to Courts
and the Prisons Parole Board to assist them in
determining decisions relating to the
rehabilitation and reintegration of offenders and
prisoners.
(d) providing opportunities for the community to
participate in the rehabilitation and reintegration
of offenders;
(e) providing opportunities for Samoan custom and
tradition to be recognised in the sentencing,
rehabilitation and reintegration of offenders;
(f) ensuring that Samoan custom and tradition is
integrated, where appropriate, in the community
justice system.

3. Objects of the Act - The principal objects of this Act
are:
(a) the maintenance of public safety; and
(b) the consideration of victims’ interests; and


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(c) to ensure offenders undertaking sentences of
supervision have access to rehabilitative and
reintegration programmes; and
(d) to ensure the fair treatment of offenders undergoing
sentences of supervision or community work;
and
(e) to ensure offenders released on parole have access to
rehabilitative and reintegration programmes; and
(f) for offenders as far as is reasonable and practicable in
the circumstances and within the resources
available, to be given access to activities that
may contribute to their rehabilitation and
reintegration into the community; and
(g) for Samoan custom and tradition, where appropriate,
to be applied in the rehabilitation and
reintegration of offenders.

4. Interpretation - In this Act, unless the context otherwise
requires:
“CEO” means the person appointed as head of the Ministry
of Justice and Courts Administration;
“Court” means any court exercising jurisdiction in any
prosecution for an offence;
“Minister” means the Minister responsible for the Ministry
of Justice and Courts Administration;
“Ministry” means the Ministry of Justice and Courts
Administration;
“offender” includes a person who is under control or
supervision pursuant to a community based sentence and
includes a person released from a prison on parole;
“probation officer” means a person appointed as a probation
officer under section 39 and includes a parole officer;
“Principal Probation Officer” means the person appointed to
manage the day to day activities of the Probation and
Parole Service;


2008, No.5 Community Justice 5

“staff or staff member” means all those persons employed in
the Ministry including the Principal Probation Officer,
probation officers and parole officers.

PART II
COMMUNITY BASED SENTENCING

5. Purposes and Principles-(1) The purpose of this Part is
to provide to a Court a range of sentencing options and means
of dealing with offenders other than by imprisonment.
Where an offender is convicted of an offence punishable by
imprisonment, the Court when considering the sentence it
should impose, must have regard to the desirability of keeping
offenders in the community so far as that is practicable and
consistent with the safety of the community.

6. Promotion of Custom and Tradition-(1)
Notwithstanding this Act or any other law, a Court may in
criminal cases promote, encourage and facilitate a settlement,
according to Samoan custom and tradition of any proceedings
for an offence on terms of payment of compensation or other
terms approved by the Court, which may in the court’s
discretion reduce the sentence it would otherwise have imposed
including ordering the discharge, with or without conviction, of
the offender.
(2) A Court may order a pre-sentence report if it considers
that this would assist it in making a determination under this
section and such report may include a recommendation that the
offender be diverted in accordance with section 11 on such
conditions as it thinks fit.

7. Account to be taken of Compensation - Upon entering
a conviction the Court must in determining the nature of the
penalty to be imposed, take account of any compensation or
reparation made or due by the offender under Samoan custom
and tradition and if such has not yet been determined, may, if
satisfied that it will not cause undue delay, postpone sentencing
for such purpose.



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8. Power to Impose Substituted or Alternative Penalty of
Community Work to Fine-(1) Where in any Act, Regulation,
Rule or Order, a penalty of a fine is provided for any offence
without any alternative penalty the Court may in its discretion
impose a sentence of community work in lieu or as an
alternative penalty.
(2) Where the Court imposes a sentence of community work
under subsection (1) the offender will be under the management
and supervision of a probation officer as if the offender had
been sentenced to community work under Part III.

9. Power to Impose Substituted or Alternative Penalty
of Community Work or Supervision to Imprisonment-(1)
Where in any Act, Regulation, Rule or Order, a penalty of
imprisonment is provided for any offence without any
alternative penalty the Court may in its discretion impose a
sentence of community work or supervision in lieu or as an
alternative penalty.
(2) Where the Court imposes a sentence of community work
or supervision under subsection (1) the offender will be under
the management and supervision of a probation officer as if the
offender had been sentenced to community work or supervision
under Part III.

10. Pre-Sentence Reports-(1) A probation officer will,
when required by a Court to do so, provide a pre-sentence
report to the Court reporting on the character and personal
history of any person convicted of any offence punishable by
imprisonment, with a view to assisting the Court in determining
the most suitable method of dealing with his or her case, and
may in any such report advise the Court whether the offender
would be likely to respond satisfactorily to a sentence of
supervision or community work and whether any conditions of
supervision should be imposed or recommend another sentence.
(2) The pre-sentence report must advise the Court of any
reconciliation process or reparation made under Samoan custom
and tradition.


2008, No.5 Community Justice 7

(3) Where a Court requires a pre-sentence report the Court
may remand the offender for such time as may be necessary to
enable the report to be prepared and submitted to the Court.
(4) During the period of any remand the Court may remand
the offender on bail or in custody as the Court deems
appropriate.
(5) A copy of the pre-sentence report must be given to the
counsel appearing for the offender or, if the offender is not
represented, to the offender prior to sentencing.
(6) Failure to provide a copy of the pre-sentence report in
accordance with this section will not affect the validity of the
proceeding in any Court or of any order made or sentence
passed by the Court.

11. Diversion-(1) Where a person appearing before a
Court:
(a) does not have a previous conviction; and
(b) intimates a plea of guilty,
the Court may, if it does not consider the offending to be of a
serious nature, in chambers or in open Court, instead of
proceeding with the prosecution of the charge, refer the person
charged to be considered for diversion under this section.
(2) Where the Court refers a person for diversion, the
person charged will report within 24 hours to the probation
service and a diversion agreement will be prepared by a
probation officer.
(3) The diversion agreement will be signed by the probation
officer and the person charged.
(4) The diversion agreement will include an
acknowledgement of guilt and an undertaking by the person
charged to complete any conditions contained in the diversion
agreement within the specified timeframe and will specify what
will occur to the person charged if the diversion agreement is
not adhered to.
(5) The probation officer in preparing a diversion agreement
may, where appropriate, encourage and facilitate the person to
undertake or attempt to undertake with the complainant and the
respective parties’ families, reconciliation according to Samoan
custom and tradition.


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(6) A probation officer will supervise the diversion
agreement and report back to the Court at either the completion
of the diversion agreement or advise of the failure of the person
charged to comply.
(7) If the diversion agreement is successfully completed, no
further action will be taken against the person charged in
respect of the offence to which the diversion agreement relates
and any criminal charge laid, withdrawn.
(8) If the diversion agreement is not complied with, the
person charged will be subject to prosecution as if the diversion
agreement had not been entered into.
(9) Where, after the person charged is granted diversion,
the person charged is subsequently sentenced on another matter
to a term of imprisonment, diversion will be cancelled from the
date that the person charged commences his or her sentence of
imprisonment.
(10) An acknowledgment of guilt under subsection (4) is
not admissible where diversion does not proceed and the charge
against the person proceeds.

PART III
SUPERVISION AND COMMUNITY WORK

12. Sentence of Supervision-(1) A Court may sentence an
offender to supervision if:
(a) the offender is convicted of an offence punishable by
imprisonment; or
(b) the offender is convicted of an offence and the
enactment prescribing the offence expressly
provides that a community based sentence may
be imposed on conviction; or
(c) it sentences an offender to a term of imprisonment of
not more than 12 months and in such case the
term of supervision imposed will commence on
the offender’s release from prison and must not
exceed 12 months.
(2) The sentence of supervision may be for a period of not
less than six months and not more than two years as the Court
thinks fit.


2008, No.5 Community Justice 9

(3) In addition to imposing a sentence of supervision, a
Court may also impose a term of community work under
section 19.

13. Guidance on use of Sentence of Supervision-(1) A
Court may impose a sentence of supervision only if the Court is
satisfied that a sentence of supervision would reduce the
likelihood of further offending by the offender through the
rehabilitation and reintegration of the offender.
(2) If a Court imposes a sentence of supervision in respect
of each of 2 or more offences (whether on the same occasion or
different occasions), the sentences must be served concurrently.

14. Imposition of Conditions on Sentence of Supervision
- An offender who is sentenced to supervision is subject to:
(a) the standard conditions in section 15; and
(b) any special conditions imposed under section 16.

15. Standard Conditions of Sentence of Supervision-(1)
If an offender is sentenced to supervision the following standard
conditions apply:
(a) the offender must report in person to a probation
officer as soon as practicable and not later than
24 hours after the sentence is imposed; and
(b) the offender must report to a probation officer as
and when required to do so by a probation officer
and must notify the probation officer of his or
her place of residence; and
(c) the offender must not move to a new place of
residence without the prior written consent of a
probation officer; and
(d) the offender must take part in a rehabilitative and
reintegrative needs assessment and/or
programme if and when directed to do so by a
probation officer; and
(e) the offender must, where a probation officer directs
that it is appropriate to do so, undertake or
attempt to undertake with the complainant and
the parties’ respective


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families reconciliation in accordance with
Samoan custom and tradition.
(2) The conditions of subsection (1)(c), (d) and (e) do not
apply if, and to the extent that, they are inconsistent with any
special conditions imposed by the Court.

16. Special Conditions of Sentence of Supervision-(1)
If an offender is sentenced to supervision, the Court may
impose such special condition or conditions related to the
rehabilitation or integration of an offender as the Court thinks
necessary.
(2) A Court must not impose a condition under this section
that the offender pay any sum of money that is in the nature of a
fine or reparation or that the offender perform any service that
he or she could have been required to perform if he or she had
been sentenced to community work.

17. Variation or Cancellation of Sentence of Supervision-
(1) An offender who is subject to a sentence of supervision, or
a probation officer, may in accordance with section 32 apply for
an Order under subsection (3) on the grounds that:
(a) the offender is unable to comply, or has failed to
comply, with any of the conditions of the
sentence; or
(b) any programme to which the offender is subject is
no longer available or suitable for the offender;
or
(c) having regard to any change in circumstances since
the sentence was imposed and to the matter in
which the offender has responded to the
sentence:
(i) the rehabilitation and reintegration of
the offender would be advanced by the
remission, suspension, or variation of
conditions, or the imposition of additional
conditions; or
(ii) the continuation of the sentence is no
longer necessary in the interest of the
community or the offender.


2008, No.5 Community Justice 11

(2) A probation officer may apply for an Order under
subsection (3) if an offender who is subject to a sentence of
supervision is convicted of an offence punishable by
imprisonment.
(3) On application under subsection (1) or subsection (2),
the Court may, if it is satisfied that the grounds on which the
application is based have been established:
(a) remit, suspend, or vary conditions imposed by the
Court or impose additional conditions; or
(b) cancel the sentence; or
(c) cancel the sentence and substitute any other sentence
(including another sentence of supervision) that
could have been imposed on the offender at the
time when the offender was convicted of the
offence for which the sentence was imposed.
(4) When determining a substitute sentence under
paragraph (3) (c), the Court must take into account the portion
of the original sentence that remains unserved at the time of the
Order.
(5) If the Court cancels a sentence under this section, the
sentence expires on the date that the Order is made or on any
other date that the Court may specify.
(6) If an application is made under this section for the
remission, suspension, or variation of any condition imposed by
the Court, a probation officer may suspend the condition until
the application has been heard and disposed of.
(7) Where, after an offender is sentenced to supervision, the
offender is subsequently sentenced on another charge to a term
of imprisonment, the sentence of supervision shall be cancelled
from the date that the offender commences his or her sentence
of imprisonment.

18. Offences Related to Breach of Conditions of
Supervision - An offender who:
(a) fails, without reasonable excuse, to comply with any
condition of a sentence of supervision; or
(b) fails, without reasonable excuse, to report when
required to do so under section 15(1)(a), (b) or
(c),


12 Community Justice 2008, No.5

commits an offence, and is liable on conviction to imprisonment
for a term not exceeding 3 months or to a fine not exceeding 3
penalty units or both.

19. Sentence of Community Work-(1) A Court may
sentence an offender to community work:
(a) if the offender is convicted of an offence punishable
by imprisonment; or
(b) if the offender is convicted of an offence and the
enactment prescribing the offence expressly
provides that a community-based sentence may
be imposed on conviction.
(2) The sentence may be for the number of hours, being not
less that 40 or more than 400 as the Court thinks fit.
(3) This section is subject to section 20.
(4) A Court may require the probation service to prepare a
community work assessment to ascertain whether community
work is an appropriate sentence for the offender.

20. Concurrent and Cumulative Sentences of
Community Work - If a Court imposes a sentence of
community work on an offender who is already subject to a
sentence of community work, the sentences will be served
concurrently unless the Court directs that they are to be served
cumulatively, but in such event, no offender shall undertake
more than 400 hours community work in any one calendar year.

21. Length of Sentence of Community Work-(1) If the
Court imposes a sentence of community work of 200 hours or
less, that sentence must be served within 12 months of the date
that it commences.
(2) If the Court imposes a sentence of community work of
more than 200 hours, that sentence must be served within 24
months of the date that it commences.
(3) Any work done by an offender under a sentence of
community work must be treated as having been done under
that sentence and under any other concurrent sentence of
community work that the offender was subject to at the time the
work was done.


2008, No.5 Community Justice 13

(4) A sentence of community work does not terminate until
the hours of community work that the offender has been ordered
to undertake have been completed.

22. Offender must report to Probation Officer - An
offender who is subject to a sentence of community work must
report in person to a probation officer:
(a) as soon as practicable, and not later than 24 hours,
after the sentence is imposed; and
(b) as directed at any other time during the sentence for
the purpose of monitoring the sentence.

23. Offender must notify Probation Officer if Offender
changes Place of residence - If an offender who is subject to a
sentence of community work moves to a new place of
residence, the offender must, within 24 hours, notify a probation
officer of the offender’s new place of residence.

24. Probation Officer must determine placement of
Offender for Community Work-(1) As soon as practicable
after a sentence of community work is imposed, and at any
other time during the sentence if the probation officer thinks fit,
a probation officer must determine what type of work and when
the community work will be done.
(2) For the purposes of subsection (1) the probation officer
must take into account –
(a) the circumstances of the offending; and
(b) where appropriate, how the offender could benefit
from learning work habits or skills through the
sentence; and
(c) the offender’s character and personal history; and
(d) the offender’s physical and mental capabilities; and
(e) whether there is any person or agency within a
reasonable distance of the offender’s place of
residence that has sufficient suitable work
available for the offender; and
(f) any other relevant circumstances.


14 Community Justice 2008, No.5

25. Authorised Work for Person Sentenced to
Community Work-(1) The type of work that an offender may
be required to perform for the purposes of a sentence of
community work is:
(a) work at or for any hospital or church or for any
charitable, educational, cultural, or recreational
institution or organisation; or
(b) work at or for any other institution or organisation
for old, infirm, or disabled persons, or at the
home of any old, infirm, or disabled person; or
(c) work on any land which is under the control or
direction of the State, a village council or any
public body.
(2) No offender may be directed for the purposes of a
sentence of community work to do any work if, in doing so, the
offender would take the place of any person who would
otherwise be employed in doing that work in the ordinary
course of that person’s paid employment.

26. When Community Work Must Be Done-(1) The days
on which and the times at which the offender does the
community work must be fixed by agreement between a
probation officer and the sponsor and notified in writing to the
offender.
(2) For the purposes of this Part, “sponsor” means the
person or agency for whom the community work is to be done
and authorised by the probation officer to supervise the
community work.
(3) It is not necessary for all the periods of work to be of the
same duration, but no period may be longer than 8 hours and no
offender may be required to do more than 40 hours of
community work per week.
(4) The times at which the offender is required to report, and
the periods during which he or she is required to do community
work, must be such as to avoid interference, so far as
practicable, with the offender’s attendance at any place of
education or employment, or with his or her religious
observances.


2008, No.5 Community Justice 15
27. Supervision of Offender while doing Community
Work - An offender who is directed to do community work on
placement with a sponsor is subject to the control, direction, and
supervision of a probation officer (or under delegation a
community justice supervisor) at all times while the offender is
doing work or is required to be doing work under the sentence.
28. Offender Excused from Reporting in Certain
Circumstances-(1) In special circumstances, a probation officer
may excuse an offender from reporting on any day or during
any period.
(2) Without limiting subsection (1), if an offender is unable
to report on any day or during any period due to good cause, a
probation officer may, on being satisfied (whether before or
after the failure to report) with the circumstances of the case,
excuse the offender from the requirement to report on that day
or during that period.
29. Variation or Cancellation of Sentence of Community
Work-(1) An offender who is subject to a sentence of
community work, or a probation officer, may in accordance
with section 32 apply for an order under subsection (3) of this
section on the grounds that:
(a) there has been a change of circumstances since the
sentence was imposed that would justify the
variation or cancellation of the sentence; or
(b) having regard to any change in circumstances since
the sentence was imposed and to the manner in
which the offender has responded to the
sentence, the continuation of the sentence is no
longer necessary in the interests of the
community or the offender.
(2) A probation officer may in accordance with section 32
apply for an order under subsection (3):
(a) if an offender who is subject to a sentence of
community work is convicted of an offence
punishable by imprisonment; or
(b) on the grounds that the offender has behaved in a
manner described in section 31(1) paragraphs (a)
to (j).


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(3) On an application under subsection (1) or subsection (2),
the Court may, if it is satisfied that the grounds on which the
application is based have been established:
(a) vary the sentence by reducing the number of hours of
work to be done; or
(b) cancel the sentence; or
(c) cancel the sentence and substitute any other sentence
(including another sentence of community work)
that could have been imposed on the offender at
the time when the offender was convicted of the
offence for which the sentence was imposed.
(4) When determining a substitute sentence under
subsection (3)(c), the Court must take into account the portion
of the original sentence that remains unserved at the time of the
order.
(5) If the Court cancels the sentence, the sentence expires on
the date that the order is made or on any other date that the
court may specify.
(6) Where, after an offender is sentenced to community
work, the offender is subsequently sentenced on another charge
to a term of imprisonment, the sentence of community work
shall be cancelled from the date that the offender commences
his or her sentence of imprisonment.

30. Extension of Period within which Community Work
must be done-(1) An offender who is subject to a sentence of
community work, or a probation officer, may in accordance
with section 32 apply for an extension of the period within
which the work must be done on the grounds that the offender
had a reasonable excuse for his or her failure to complete the
prescribed hours.
(2) On an application under subsection (1), the Court may, if
it is satisfied that the grounds in subsection (1) have been
established, extend the period within which the work must be
done by such amount that the Court thinks fit.


2008, No.5 Community Justice 17

31. Offences Relating to Breach of Sentence of
Community Work-(1) An offender who is sentenced to
community work who:
(a) fails, without reasonable excuse, to report to a
probation officer in accordance with section 22;
or
(b) fails, without reasonable excuse, to notify a
probation officer of any new place of residence
in accordance with section 23; or
(c) fails, without reasonable excuse, to do any work
satisfactorily in accordance with the sentence; or
(d) fails to comply with the terms of any agreement
entered into under section 26(1); or
(e) fails, without reasonable excuse, to complete the
required number of hours of work within the
period prescribed under section 21 or within any
extended period granted under section 30; or
(f) accepts remuneration for any work that the offender
is required to do for the purposes of the sentence;
or
(g) fails, without reasonable excuse, to report or to
remain at any place as required by or under this
Part; or
(h) fails, without reasonable excuse, to obey any
directions lawfully given regarding the manner
in which his or her time must be spent while
under the supervision of a probation officer or
community justice supervisor under section 27;
or
(i) refuses to work, or fails to work in the manner
reasonably required of the offender, or neglects
or intentionally mismanages his or her work,
while under the supervision of a probation
officer or community justice supervisor under
section 27; or
(j) behaves in an offensive, threatening, insolent,
insulting, disorderly, or indecent manner while
under the supervision of a probation officer or
community justice supervisor under section 27.


18 Community Justice 2008, No.5

commits an offence, and is liable on conviction to imprisonment
for a term not exceeding 3 months or to a fine not exceeding 3
penalty units or both.
(2) A person who, without lawful justification or excuse,
loiters about any place where persons sentenced to community
work are placed, and refuses or neglects to depart after being
warned by a member of the police or by a probation officer,
commits an offence, and is liable on conviction to a fine not
exceeding 2.5 penalty units.

32. Jurisdiction and Procedure-(1) Subject to subsection
(2) every application under section 17 or section 29 must be
made to the Court which imposed the sentence on the offender.
(2) If the sentence was passed by the Court of Appeal on
appeal from the Supreme Court, then the application will be
referred to the Supreme Court or, where the sentence was
imposed by the Supreme Court on appeal from a District Court,
then the application will be heard in the District Court.
(3) A copy of the application must, either before or as soon
as practicable after the application is lodged in the office of the
Court, be served:
(a) on the offender, if the offender is not the applicant;
or
(b) on the Principal Probation Officer, if a probation
officer is not the applicant.
(4) If an application under section 17 or section 29 has been
lodged in a Court a probation officer or a member of the police
may, for the purpose of having the offender brought before the
Court dealing with the application, apply to a Court for the issue
of a warrant to arrest the offender.
(5) No warrant issued under subsection (4) may be executed
otherwise than by a probation officer or member of the police.


2008, No.5 Community Justice 19

33. Appeal in Respect of Substituted Sentence - An
appeal may be lodged with the Supreme Court (the Court of
Appeal when the order is made by the Supreme Court)
appealing against the imposition of a substituted sentence under
section 17 or section 29.

PART IV
ADMINISTRATIVE RESPONSIBILITY

34. Power and Functions of CEO - The powers and
functions of the CEO in relation to the community based justice
system include:
(a) ensuring that the community based justice system
operates in accordance with the purpose and
objects set out in sections 1 and 2; and
(b) proposing policies on the management of the
probation and parole service and ensuring that
proposed policies are implemented; and
(c) developing national programmes for the training of
probation and parole officers to ensure the
highest degree of professionalism amongst staff;
and
(d) commissioning or undertaking research on the good
administration of parole and rehabilitation and
reintegration models; and
(e) commissioning or undertaking research on the good
administration, programmes, and development of
probation services; and
(f) establishing and implementing such programmes of
rehabilitation, education and vocational training
for offenders as are necessary for their
reintegration into society, subject to the
availability of funding for that purpose; and
(g) ensuring the welfare of offenders subject to
community based sentences or conditions
imposed by the Prisons Parole Board during the
periods when they are in the presence of any
staff member of the Ministry; and
(h) ensuring that offenders carry out their sentences; and


20 Community Justice 2008, No.5

(i) visiting and inspecting any probation office or
community work activity and at his or her
discretion interviewing any person undergoing a
community based sentence; and
(j) inquiring into the treatment and conduct of persons
undergoing a community based sentence; and
(k) inquiring into all abuses or alleged abuses in a
probation office or community work activity or
in connection with it; and
(l) exercising all or any of the powers and functions of a
probation officer or parole officer or community
justice supervisor; and
(m) issuing instructions, guidelines or policies in
relation to any or all of the activities undertaken
by the Ministry and its staff; and
(n) complying with the requirements of this or any other
Act and regulations; and
(o) ensuring compliance of all or any of the obligations
imposed on the Ministry and staff members
under this or any other Act; and
(p) complying with a general direction given by the
Minister.

35. Delegation of Powers of CEO-(1) The CEO may from
time to time in writing either generally or specifically, delegate
(unless the contrary intention applies) to any staff member as he
or she thinks fit all or any of the powers exercisable by the CEO
under this Act and may withdraw the delegation in writing at
any time.
(2) By delegating a function or power, the CEO does not
remove his or her own personal responsibility for such function
or power which, in addition to the delegated person, remains
with the CEO at all times.
(3) The CEO may exercise a power or function
notwithstanding that he or she has delegated its exercise under
this section.


2008, No.5 Community Justice 21

PART V
PROBATION AND PAROLE SERVICE
36. Responsibility for Probation And Parole Services -
The CEO is responsible for providing probation and parole
services in accordance with the provisions of this or any other
Act.

37. Principal Probation Officer - There shall be appointed
to the Probation and Parole Service a Principal Probation
Officer who will manage the day to day activities of the
Probation and Parole Service.

38. Powers and Functions of Principal Probation Officer
- The powers and functions of the Principal Probation Officer
include:
(a) overseeing the administration of all community
based sentences; and
(b) managing and giving directions, training and
overseeing the activities of probation and parole
officers, and community justice supervisors; and
(c) delegating in writing to a probation or parole officer
all or any of his or her powers and functions
without affecting his or her own responsibility
which remains; and
(d) exercising all the functions and powers of a
probation officer, parole officer or a community
justice supervisor as required.

39. Probation Officers and Parole Officers - There must
be appointed as many probation and parole officers as are
necessary for the effective and efficient administration of the
Probation and Parole Service in Samoa.

40. Functions and Powers of Probation and Parole
Officers - The functions of a probation or parole officer
include:


22 Community Justice 2008, No.5

(a) supervision of persons placed under his or her
supervision; and
(b) ensuring that any condition placed on a person under
a sentence of supervision or on parole are
complied with; and
(c) administering sentences of supervision and
community work referred to the probation officer
and to ensure that such sentences are carried out;
and
(d) arranging and supervising the activities of
community justice supervisors; and
(e) co-ordinating and arranging community involvement
in the administration of any community based
sentence or any particular release by the Prisons
Parole Board as required and in accordance with
any instructions issued by the Principal
Probation Officer; and
(f) arranging, providing and monitoring rehabilitative
and reintegrative programmes or related services
for offenders as required or when directed to do
so by the Principal Probation Officer; and
(g) providing reports and information that a Court, the
Prisons Parole Board or the CEO is entitled to
receive; and
(h) complying with the direction of the Principal
Probation Officer and performing any other
function or duty conferred under this Act or any
other Act.

41. Delegation to Community Justice Supervisors-(1)
A probation or parole officer may delegate to a community
justice supervisor, on the written approval of the Principal
Probation Officer, his or her powers to control, direct or
supervise offenders subject to a sentence of supervision or
community work or conditional release on parole.


2008, No.5 Community Justice 23

(2) The delegation in subsection (1) must be in writing and
must not convey to the community justice supervisor the power
to arrest or any enforcement or penal power or authority
conferred on a probation or parole officer under section 40(2) or
under any other provision of this or any other Act.

42. Community Justice Supervisors-(1) Community
justice supervisors are to be appointed by the Principal
Probation Officer pursuant to a written instrument appointing a
person as a community justice supervisor.
(2) Community justice supervisors must be persons of good
standing in the community.
(3) A community justice supervisor will supervise the
activities of persons on supervision, community work or parole
in accordance with the direction of a probation or parole officer.
(4) A community justice supervisor must be allocated to an
offender pursuant to a written agreement between a probation
officer or parole officer and the community justice supervisor.
(5) The agreement will last for only such time as the
offender is subject to the supervision or community work or
parole order or until the agreement with the community justice
supervisor is withdrawn by the Principal Probation Officer.
(6) Community justice supervisors may supervise more than
1 offender at any one time.
(7) A community justice supervisor will not by reason of
holding office as a community justice supervisor be a member
of the public service.
(8) Community justice supervisors must comply with the
direction of the Principal Probation Officer, a probation officer
or parole officer in the performance of any function or duty
conferred under this Act or any other Act.


24 Community Justice 2008, No.5
PART VI
MISCELLANEOUS

43. Protection from Liability - The CEO, a staff member
or any other authorised person under this Act, shall not in the
exercise of a power or the discharge of a duty under this Act be
personally liable for any civil or criminal proceedings for an act
or omission done honestly and without negligence for this Act.

44. Regulations-(1) The Head of State acting on the advice of Cabinet may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying
out or giving effect to this Act.
(2) Without limiting the generality of subsection (1),
regulations may be made for the purposes of:
(a) ensuring the good management of probation services
and the community based justice system
generally; and
(b) prescribing the powers and functions of the CEO,
probation officers, parole officers and
community justice supervisors; and
(c) providing for the management, care, treatment,
wellbeing and integration of persons undergoing
a community based sentence including that of
supervision and community work; and
(d) providing for any other matters contemplated by the
Act.

45. Transitional – Every person appointed as a Principal
Probation Officer (however called), probation officer or parole
officer employed in the Ministry immediately before the
commencement of this Act will, after the commencement of this
Act continue in employment by the Ministry as if appointed
under and subject to the provisions of this Act.


2008, No.5 Community Justice 25
46. Repeals and savings-(1) The Offenders Probation Act
1971 is repealed.
(2) All prosecutions pending or sentences imposed and in
force on the coming into force of this Act shall be completed
and/or enforced under this Act in like manner as they would
have been completed and/or enforced under the Offenders
Probation Act 1971 as if this Act had not been passed.


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The Community Justice Act 2008 is administered by the Ministry
of Justice and Courts Administration