1. The Probation Service of Papua New Guinea:

The Probation Service is a Statutory Office, established by an Act of Parliament under the Probation Act 1979 (Amended) 2019. The office operates as a Branch within the Department of Justice & Attorney General.

2. Background:

 In 1976 the Government of Papua New Guinea supported a policy recommendation by the Minister of Justice to introduce the Probation System into the country. A legislation was drafted and eventually was passed and became the Probation Act 1979.

The aim of this legislation was to allow for an establishment of a Service that would provide for the social rehabilitation of offenders and for related purposes.

The Probation Act also established the Office of Chief Probation Officer and the appointment of Senior Probation Officers, Probation Officers and Volunteers. 

By 1984 Port Moresby, Lae and Goroka were the only three gazetted areas for Probation Service operations.

From 1985 to 1986 Probation Service Headquarters was located in Goroka, Eastern Highlands Province. During which time the system was designed and the process of implementation begun. In 1986 Probation Service Headquarter was transferred to Port Moresby.

Since then, the service has expanded to meet the demands of the country’s judicial system in the four decades. Probation Service Headquarter remains in Port Moresby and coordinates logistical support and funding support to 21 Provincial Field Offices and 4 District Offices nationwide.

The legislation as well has gone through amendments to suit the times. Probation Act 1979 was first amended in 1991 and later amended again in 2019.

3. What is Probation?

Probation is a sentence imposed by the Courts for selected offenders who are allowed to remain in the community instead of going to prison. Offenders granted or placed on Probation are supervised by probation Officers and may have to comply with a number of conditions. An offender must agree to the probation term by signing the Probation Order. A probation sentence can range from six months (6) months to five years depending on the law and the circumstances of the offence.

4. Who is eligible for Probation?

It is up to the court to decide who may be offered Probation as an alternative to imprisonment. Probation may be given to an adult or juvenile offender where a pre-sentence report indicates that they have a good prospect of rehabilitation and do not pose a serious risk to the community. An offender cannot apply for probation. A Probation Officer, Prosecutor or Defense Lawyer may request for a pre-sentence report.

5. What is a Pre-Sentence Report?

After the court finds a person guilty, a Judge or Magistrate may request more information on the offender before deciding on the Sentence that is to be given. This is called a pre-sentence report. The report is prepared by a probation officer following an investigation into the background of the offender. The Probation Officer may interview the offender’s family, friends, the victim, teacher, church leader, village court official or anyone else who might be able to give useful information about the offender’s background, the amount of support in the community and the prospect of rehabilitation and reintegration. The court uses this information to see if an offender is suitable for a sentence of probation. Probation can be between six (6) months to five (5) years depending on the law, seriousness and circumstance of the sentence.

6. What are the Conditions of Probation?

All probation order has what are called Mandatory Conditions. These include to report to a Probation Officer when directed, to be of good behavior and to obtain permission before changing address or employment. The order may also have additional (special) conditions like performing a number of hours of unpaid community work, to attend to school or church actives or any other condition that the court feels may assist the offender’s rehabilitation and reintegration.

7. What happens to someone who does not obey the conditions of Probation or who commits another offence?

Offenders who do not comply with the conditions of their order are breached and returned to Court to deal with it. It is up to the Court to determine what to do. It may mean the probation cancelled and the offender send to prison.

8. How successful is the Probation Sentence?

Worldwide, probation is seen as one of the most effective and successful way of dealing with offenders through community corrections orders initiating restorative justice responses and engaging in community rehabilitation and reintegration programs. It also serves as a way forward to save costs in the administration of criminal justice by way of non-custodial sentencing options and minimizes prison population. It does prevent petty offenders from becoming hardcore criminals.

9. Function and Roles of Probation Service?

Probation Service function is to oversee people who have been sentenced on Probation, supporting them and providing practical advice. Probation officer work with people who have been sentenced, making sure they attend appointments and group programs. Other typical responsibilities include: providing advice and information to offenders.

Probation Officer’s role is to prepare pre-sentence reports for judges and magistrates in the courts to enable them to choose the most appropriate sentence. With the inclusion of the Restorative Justice Officers in 2019, emphasis is given to the Service to also work more closely with victims of crimes.

10. Establishment of Probation Service

The Probation Service is established by an Act of Parliament entitled Probation Act 1979 (Amended) 2019. The Act was passed by Parliament in 1979 to provide for a system which will contribute to providing a Service for the social rehabilitation of offenders and for related purposes.

11. Officers of the Probation Service:

The legislation provided for four classes of officers within the systems and these are: Chief Probation Officer, Senior Probation Officer, Probation Officers and Voluntary Probation officers. These officers are employees of the Public Service.

Chief Probation Officer:

The Chief Probation Officer and support staff at Headquarters is responsible for efficient coordination and management of the Service.  Senior Probation Officers (SPOs) and Probation Officers (POs) are recruited and undergo specific Professional Officers Training before being deployed to respective Provinces across Papua New Guinea.

Senior Probation Officer

The Senior Probation Officers and Probation Officers perform Court Work Duties and other Administration Duties as directed by the Chief Probation Officer. They are responsible for preparation of Pre-Sentence Reports for Courts and the supervision of offenders who are placed on Probation. They supervise, advice, assist and where possible befriend a probationer under their supervision for the purpose of social rehabilitation and reintegration of the offender.

Probation Officer

A Probation Officer performs a similar role to the Senior Probation Officer however under the supervision of the Senior Probation Officer for the social rehabilitation and reintegration of offenders. Where a court requests assistance in determining the most suitable method of dealing with a person convicted of an offence before it, a Probation Officer reports to that court on the personal history and character of the person, advise the court whether that person is likely to respond satisfactory to Probation and of any conditions that may be imposed on the release on probation of that person.

Additional roles administered by Probation Service Include:

Senior Probation Officers and Probation Officers since the establishment of Probation Service, perform additional activities that were given to Probation Service to implement. These functions are also mandated by the following legislations;

1. Parole Act 1991 (Amended) 2018
2. Juvenile Justice Act 2014
3. Criminal Law (Compensation) Act 1991
4. District Court Act 1963 (Community Work Order)
5. Criminal Code Act Section 615 (2) Release on License [ROL]

Volunteer Probation Officers

Apart from Professional Probation Officers; Probation Service is assisted by appointed Volunteer Probation Officers (VPOs). Chief Probation Officer may in writing appoint a Volunteer Probation Officer or Delegate the powers to Senior Probation Officer and Probation Officer to do appointments.

• A Volunteer Probation Officer shall be deemed to be a worker employed by the State for the purposes of the Workers Compensation Act 1978. A Volunteer Probation Officer is not entitled to a salary or other remuneration for services rendered by him under this Act but may be reimbursed such expenses as are necessarily incurred by him in the proper performance of his duties and functions and at such rates as are determined by the Departmental Head. The duty of the volunteer Probation Officer is to advise, assist and where possible befriend a probationer as directed by Senior Probation Officer, also when required by a Probation Officer to do so –prepare and submit written reports to that Probation Officer in respect of a probationer and generally to assist a Probation Officer in the performance of his/her duties.

Restorative Justice Officer

A Restorative Justice officer performs a supervisory role on non-custodial orders as directed by Senior Probation Officer to both offender and survivor through facilitation of restorative justice interventions which are additional (special) conditions imposed. Such interventions may include; reconciliation, family conferencing, diversions, restitution, community work. The Restorative Justice Officer does this work by collaborating with probation, parole and juvenile justice officers. The officer gives emphasis to work alongside the offender and the survivor of the crime who wishes to participate in the restorative justice intervention. The officer is also responsible to compile assessment reports and manage case files of survivors during the pre-sentence, pre-parole stage and during supervision stage.

12. What is the difference between Probation and Parole?

 Probation and Parole are different forms of judiciary leniency, to alleviate cost for the corrective system; 

• Offer the opportunity of rehabilitation to those found guilty of crimes;
• As such they both serve public interest by making those who broke the law of their society ACCOUNTABLE.

Probation: is a sentence or punishment of the Court and can only be imposed by a Judge or Magistrate. Some offenders are placed directly on probation when sentenced by the Court and others are sent to jail for a specified periods and are given an additional sentence of Probation to service after they have served their jails sentence. When a Judge or Magistrate gives a jail sentence and a period of probation to an offender the jail sentence is usually for a shorter term.

Parole: is granted by the Parole Board after the Detainee has served part of a prison sentence in a correctional institution. The decision to grant or deny parole is made by the Parole Board after the Parole receives reports and information on the offender.

Both Probation and Parole are served in the community by the offender under the supervision of either a Probation Officer or a Parole Officer.