Probation of Offenders (Amendment) Act, 2022

Probation of Offenders (Amendment) [No. 14 of 2022 395
An Act to amend the Probation of Offenders Act. [11th August, 2022
ENACTED by the Parliament of Zambia. 1. This Act may be cited as the Probation of Offenders
(Amendment) Act, 2022, and shall be read as one with the Probation
of Offenders Act, in this Act referred to as the principal Act. 2. Section 2 of the principal Act is amended by the insertion of
the following definitions in the appropriate places:
“child” has the meaning assigned to the word in the
Constitution; and
“child in conflict with the law” has the meaning assigned to
the words in the Children’s Code Act, 2022;. 3.

gned to the word in the
Constitution; and
“child in conflict with the law” has the meaning assigned to
the words in the Children’s Code Act, 2022;. 3.

Section 3 of the principal Act is amended by the—
(a) deletion of subsection (2) and the substitution therefor of
the following:
(2) The court shall, before making a probation order,
satisfy itself that the offender understands—
(a) the effects of the order and any additional
requirements under this Act; and
(b) that where the offender fails to comply
with the probation order or commits a
subsequent offence during the probation
period, the offender shall be liable to
be sentenced for the original offence.;
(b) insertion of the following new subsection immediately after
subsection (2):
(3) The court shall make a probation order under
this section if the offender expresses a
willingness to comply with the requirements of
the probation order. Enactment
Short title
Cap. 1
Act No.12
of 2022
Amendement
of section 2
Cap 93
Amendment
of section 3
GOVERNMENT OF ZAMBIA
ACT
No. 14 of 2022
Date of Assent: 9th August, 2022
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K8.00 each.

ate of Assent: 9th August, 2022
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K8.00 each.

396 No. 14 of 2022] Probation of Offenders (Amendment)
Insertion of
section 3A
4. The principal Act is amended by the insertion of the following
new section immediately after section 3:
3A. This Act does not apply to the probation of a child in
conflict with the law. 5. Section 10 of the principal Act is amended by the deletion
of subsection (1) and the substitution therefor of the following:
(1) A conviction for an offence for which a probation order
is made is considered not to be a conviction for any purpose
other than the purposes of the proceedings in which the
order is made and of any subsequent proceedings which
may be taken against the offender under the provisions of
this Act, except that where an offender is subsequently
sentenced under this Act, the provisions of this subsection
shall cease to apply to the conviction. 6. Section 11(4) of the principal Act is amended by the deletion
of the words “if the probationer is not less than nineteen years of
age,”. 7.

iction. 6. Section 11(4) of the principal Act is amended by the deletion
of the words “if the probationer is not less than nineteen years of
age,”. 7.

Section 17 of the principal Act is amended by the insertion
of the following new subsection immediately after subsection (2):
(3) This section shall not apply to a Probation
Committee established under the Children’s Code Act,
2022, for the purposes of advising the minister responsible
for child development and welfare on matters of policy
relating to the probation of a child in conflict with the law. Non-
application
of Act
Amendment
of section 10
Amendment
of section 11
Amendment
of section 17
Act No. 12
of 2022