Point in Time
Act No: No. 10 of 1998
Act Title: COMMUNITY SERVICE ORDERS
[ Date of commencement: 23rd July, 1999. ]
[ Date of assent: 31st December, 1998. ]
PART I – PRELIMINARY
1.
Short title

This Act may be cited as the Community Service Orders Act, 1998.

PART II – COMMUNITY SERVICE ORDERS
4.
Obligations of person subject to community service order
(1)

A person who is subject to a community service order shall—

(a)

report to the supervising officer specified in the order for assignment of work; and

(b)

perform, for the period specified in the order, such work, at such times and at such place as he may be instructed by the supervising officer; and

(c)

report to the supervising officer any change of address which may occur from time to time.

(2)

A supervising officer shall, as far as practicable, avoid giving instructions under this section which conflict with the offender’s religious beliefs.

5.
Breach of community service orders

If an offender commits a breach of or fails to comply with any of the conditions or requirements of a community service order, the court may, on the application of the area community service officer or supervising officer, issue summons to the offender to appear before the court at the time specified in the summons or issue a warrant of arrest for the offender to be arrested and brought before the court, as the case may be, and the court may, after hearing the offender, do any of the following—

(a)

caution the offender and require the offender to comply with the order; or

(b)

amend the order in such manner as may suit the circumstances of the case; or

(c)

revoke the order and impose any other sentence under the law as the court deems appropriate.

6.
Review and variation of community service orders
(1)

Subject to subsection (4), an offender may seek a review of a community service order in any material point by informing the community service officer or supervising officer in writing of the material particulars upon which such review is sought.

(2)

Where the review of an order is sought under subsection (1), the community service officer or supervising officer shall apply to the court in the prescribed form setting out the material particulars specified under that section and the court may suitably review or vary the community service order:

Provided that—

(a)

in special circumstances, the offender may make the application to the court without prior reference to the community service officer or the supervising officer; and

(b)

the community service officer or the supervising officer may apply for review for any justifiable reason.

(3)

Where the review or variation of an order under subsection (1) results in change of residence of the offender, the court varying the order shall inform the court having jurisdiction for the area where the offender intends to reside, and shall cause copies of the community service order to be presented to court within whose jurisdiction the offender will reside and to the community service officer of the area.

(4)

A review of an order under this section shall not be necessary where an offender changes residence without affecting a subsisting order or without leaving the jurisdiction of the court which made the order.

PART III – MANAGEMENT AND ENFORCEMENT OF COMMUNITY SERVICE ORDERS
9.
Executive Committee
(1)

There shall be an executive committee of the National Committee which shall consist of—

(a)

the chairman of the National Committee who shall be the chairman;

(b)

the vice-chairman of the National Committee;

(c)

the Director of Probation;

(d)

the National Co-ordinator appointed under section 10 who shall be the secretary; and

(e)

one other member appointed by the National Committee.

(2)

Subject to any directions which may be made by the committee, the functions of the executive committee shall be as specified in the First Schedule.

10.
National Co-ordinator
(1)

There shall be a National Community Service Orders Co-ordinator (in this Act referred to as “the National Co-ordinator”) who shall be appointed by the Chief Justice for a period of three years, but shall be eligible for re-appointment.

(2)

The National Co-ordinator shall also be the chief community service officer and the secretary to the National Committee.

(3)

The National Committee may delegate to the National Co-ordinator such of its functions under this Act as are necessary to enable him transact or perform the day to day business of the National Committee.

(4)

If the National Co-ordinator is absent or incapacitated for any reason, the Chief Justice shall appoint a person to act in his place during such absence or incapacity.

11.
District, divisional and locational community service orders committees
(1)

The Minister shall, in consultation with the National Committee, by order published in the Gazette, establish community service orders committees at district, divisional and locational levels comprising such members and to perform such functions as may be prescribed in the order.

12.
Community service officers
(1)

The probation officers appointed under the Probation of Offenders Act (Cap. 64) shall be community service officers for the purposes of this Act.

(2)

The Minister may, in consultation with the National Committee, appoint such additional community service officers as may be necessary for the purposes of this Act.

(3)

A community service officer shall perform the duties specified in the Second Schedule.

(4)

A community service officer other than a public officer shall receive such remuneration for services rendered under this Act as the Minister, after consultation with the National Committee and the Minister for Finance, shall determine.

13.
Supervising officers

For the purposes of supervising offenders under this Act the court shall, in consultation with the relevant community service Orders Committee, appoint supervising officers and one supervising officer may be appointed for several offenders.

PART IV – MISCELLANEOUS
14.
Amendment of Cap. 63

Section 24 of the Penal Code (Cap. 63) is amended by deleting paragraph (b) thereof and inserting the following new paragraph—

“(b)

imprisonment or, where the court so determines under the Community Service Orders Act, 1998 (No. 10 of 1998), community service under a community service order”.

15.
Amendment of Cap. 90

PART XII of the Prisons Act (Cap. 90) is repealed.

16.
Repeal of Cap. 91

The Detention Camps Act (Cap. 91) is repealed.

FIRST SCHEDULE

[Section 9(2).]
EXECUTIVE COMMITTEE

1.
Functions

The Executive Committee shall be responsible for—

(a)

the supervision of the day to day running of the secretariat;

(b)

the collection, storage and dissemination of data relating to the implementation of community service orders;

(c)

transmitting to and advising the community service orders committees on the policies formulated by the National Committee;

(d)

undertaking educational activities aimed at sensitising members of the public and criminal justice agencies on the role and purpose of community service orders;

(e)

co-ordinating with other agencies on matters relating to and beneficial to community service; and

(f)

any other duties that may be assigned to it by the National Committee from time to time.

2.
Meetings
(a)

The Committee shall have power to regulate and determine its own procedure and the quorum at its meetings.

(b)

Subject to any requirement as to quorum, the Committee may act notwithstanding any vacancy among its members.

(c)

The Committee shall meet at least 4 times a year.

(d)

The Committee may in its discretion invite any person who is not a member to attend any of its meetings, but such person shall not take part in decision making.

SECOND SCHEDULE [Section 12(3).]

DUTIES OF COMMUNITY SERVICE OFFICERS

Community Service Officers shall perform the following duties—

(a)

identify suitable work placements;

(b)

oversee the work and progress of offenders;

(c)

ensure that community service orders are complied with and that the scheme works smoothly;

(d)

apply to the court for review of orders;

(e)

facilitate or promote reconciliation of offenders and the community;

(f)

ensure that safety conditions are satisfactory for both the community and the offenders serving under community service orders;

(g)

guard against discriminatory practices in dealing with offenders;

(h)

maintain confidentiality of information on or relating to offenders;

(i)

undertake counselling of offenders for rehabilitation and liaise with any other persons or organisations of persons dealing with similar problems;

(j)

keep an up-to-date record of offenders’ performance and appraisal of the same;

(k)

submit periodic reports to appropriate or relevant community Service Orders Committees and the Co-ordinator in respect of offenders;

(l)

provide pre-sentence reports to the court; and

(m)

co-ordinate the activities of the Committees and the courts in relation to commuting service orders.