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Correction, Enforcement & Maintenance Division.

ACEO: Leulua'iali'iotumua Faagutu S. Vaalotu    Email: f.vaalotu@mjca.gov.ws


Parole and Probation Section

Objective:

To provide quality information to the Courts and the Prison’s Parole Board and to efficiently manage community based sentences.


The Probation and Parole Service is a section of the Ministry of Justice and Courts Administration and is responsible for the management of community based sentences imposed by the Courts both before and after sentencing; and for the management of offenders released on parole.

The Probation and Parole Services provides:

Pre-sentence reports to the Court. These reports outline the offender’s social circumstances, factors relating to offending, and provides advice on potential rehabilitation options to assist the Court in sentencing.  Pre-release reports to the Prisons parole Board to assist the Board in making decisions about release on parole.

Sentences Managed by the Probation and Parole Service

  • Supervision
  • Community Service
  • Release on Conditions
  • Parole


Maintenance & Affiliation Section

Objective:

To administer and monitor maintenance for destitute persons, to prosecute affiliation matters and to undertake consultation and promotion of social harmony.


Types of applications that can be lodged;

  • Application for Affiliation, Maintenance and Custody of children
  • Application for Maintenance & Custody of children
  • Application for Maintenance of children and married wife
  • Application for interim custody order of child8 months and under taken away from mother without consent
  • Application for children’s/child’s Custody only
  • Application for Maintenance of married wife who is destitute
  • Application for Protection Order
  • Application for Divorce where both parties agree


Applicant requirements:

  • Provide ID for confirmation of identity
  • Marriage certificate if married
  • Birth certificates of the child/children 

Process for all types of application:

  • Applicant must lodge application (Application for Protection Order can be represented)
  • Applicant fill in application form with the assistance of the Maintenance officer
  • Officer to prepare letter to inform respondent about the date, time and venue for consultation/pre-court mediation
  • Officer to conduct consultation meeting/pre-court mediation;
  • Mutual agreement reach outside of court
  • Matter resolved parties request to withdraw matter
  • No agreement, proceed to court.
  • Officer to prepare matter for court
  • Officer to monitor and enforce court order


Who can apply?

  • Destitute persons result of dissolution of marriage
  • wives (married/defacto)
  • husbands
  • Fathers requesting for access to the children who are in custody of the mother
  • Anyone who feels he/she needs protection

Services provided

1) Schedule Mediation (pre-court mediation / consultation meetings)

  • Resolve matters
  • Ensure the children/wives are being provided for
  • Clarity on the duties and responsibilities of parents under the Act

2) Proceed Cases to Court

  • Maintenance will represent the Applicant in Court

3) Enforce Court Orders

  • Update payments of maintenance according to court orders
  • Conduct visitations to ensure the wellbeing of the children
  • Non compliance of court orders is considered a criminal offence (Contempt of court)

 


Warrants & Bailiff Section

Objective:

Provision of support services to enforce court decisions and court processes.

Enforcement of Warrant of Commitment (Court Fines)

The Warrants Section is a section of the Ministry of Justice and Courts Administration. We prepare Warrant of Commitment from criminal charges filed by Police for execution if you do not pay your Court fine to the cashier within the period of time provided by the Court.

The Bailiff Officer accompanied by Police will collect fines and execute warrants on those who cannot pay to Tafaigata prison to serve time.

If the Court fine includes an imprisonment term, the fine is uncollectable upon default of payment as a warrant of imprisonment will be prepared and issued to police for execution.

The Bailiff Officer also executes warrant from maintenance and affiliation due to non-compliance with Court Order

  • A fee of $10 will be added when the Warrants Section takes enforcement action.
  • Always ask for a receipt when payment is made.

Enforcement of Warrant of Committal (Civil Claims)

The Warrant of committal are prepared once the Plaintiff files an application for warrants of execution to the Court as the Respondent has failed to comply with Court Orders. The file will then be located for the preparation of a Warrant of Committal

Warrants of committal are referred to police for execution without the assistance of the Bailiff Officer from the Warrants Section.

The Plaintiff should write to the Registrar requesting withdrawal or discharge of a warrant that has been paid in full or upon arrangements made by both parties.

All payments of debts should be made to the Ministry of Justice and Courts Administration.

Preparing Small Claims

Small claim of not more than $7,000.00 is prepared upon approval from the Registrar. This assistance is specifically - individuals who cannot afford a lawyer.

The office will assist in the preparation of all documents required however; the judgment creditor (JC) should serve all Court documents provided to be served upon the judgment debtor/respondent (JD). All documents served to the JD should be returned to Court to be sworn in and insert in Court file. The Judgment Creditor/Plaintiff will also present him/herself in Court.

We prepare small claims for:

  • Small village shops
  • Village Centres (SPBD – South Pacific Business Development)
  • Money borrowed by individuals
  • Requests by guarantors due to unpaid loans

Requirements:

  • Invoice/quote from an engineer/mechanic if it’s a vehicle damage
  • Confirmation from SPBD if it’s a Centre
  • Bank Statement if it’s a request by a guarantor due to unpaid loan
  • We DO NOT deal with any claims which involves purchase of land

Delivering of Court Documents

The Bailiff also delivers and serves Court documents for Maintenance and Affiliation and Assessor Trials for the Courts Division

Please feel free to contact us for more information

About MJCA

Ministry of Justice, Courts and Administration

Mulinuu, Samoa

P.O. Box 49

info@mjca.gov.ws

Upolu Numbers:

  • phone : (685) 22671 - 74
  • Fax : (685) 21050

Savaii Numbers:

  • Phone : (685) 53514
  • Fax : (685) 53513
Please address all correspondences to the Chief Executive Officer / Registrar of the Courts.


© 2016 Ministry of Justice and Courts Administration. All rights reserved.