CHAPTER 291
COMMUNITY SERVICE ACT

[PRINCIPAL LEGISLATION]

ARRANGEMENT OF SECTIONS

PART I
PRELIMINARY PROVISIONS

   Section

Title

   1.   Short title and commencement.

   2.   Interpretation.

PART II
COMMUNITY SERVICE ORDERS

   3.   Community service orders.

   4.   Obligations of the offender subject to community service order.

   5.   Breach of community service orders.

   6.   Review and variation of community service orders.

PART III
MANAGEMENT AND ENFORCEMENT OF COMMUNITY SERVICE ORDERS

   7.   Establishment of the National Community Service Orders Committee.

   8.   Duties of the National Committee.

   9.   Executive committee.

   10.   National Co-ordinator.

   11.   Regional, District, Ward and Village Community Service Orders Committee.

   12.   Community service officers.

   13.   Supervising officers.

   14.   Regulations.

   15.   Liability of members of Community Service Orders Committees and other officers.

   16.   Offences.

SCHEDULES

CHAPTER 291
THE COMMUNITY SERVICE ACT

An Act to make provisions for the introduction and regulation of community service on offenders in certain cases, and for connected and incidental matters.

[..........................]

Act No. 6 of 2002

PART I
PRELIMINARY PROVISIONS (ss 1-2)

1.   Short title and commencement

   This Act may be cited as the Community Service Act and shall come into operation on such date as the Minister may, by notice in the Gazette appoint.

2.   Interpretation

   In this Act, unless the context otherwise requires–

   "community service" means a program managed by Community Service Committees under the provisions of this Act;

   "community service order" means an order made under section 3 of this Act;

   "community service officer" means a community service officer within the meaning of section 12 of this Act;

   "court" means unless the context otherwise requires, the court which made a community service order and includes a court within whose jurisdiction an offender may be residing while serving under a community service order;

   "Minister" means, unless otherwise the context requires, the Minister for the time being responsible for prisons;

   "National Committee" means the National Community Service Orders Committee established under section 7 of this Act;

   "National Co-ordinator" means the National Community Service Order Co-ordinator appointed under section 10 of this Act;

   "offender" means a person convicted and sentenced by a court for an offence under any written law;

   "supervising officer" means an officer appointed under section 13 of this Act to supervise an offender performing community service under this Act.

PART II
COMMUNITY SERVICE ORDERS (ss 3-6)

3.   Community service orders

   (1) Where any person is convicted of an offence punishable by–

   (a)   imprisonment for a term not exceeding three years, with or without the option of a fine; or

   (b)   imprisonment for a term exceeding three years but for which the court determines a term of imprisonment for three years or less, with or without the option of a fine, to be appropriate,

the court may, subject to this Act, make a community service order requiring the offender to perform community service.

   (2) For the purposes of this section–

   (a)   "community service" shall comprise unpaid public work within a community, for the benefit of that community, for a period to be fixed by the court but not exceeding the term of imprisonment for which the court would have sentenced the offender;

   (b)   "public work" shall include but not be limited to–

      (i)   construction or maintenance of public roads or roads of access;

      (ii)   afforestation works;

      (iii)   environmental conservation and enhancement works;

      (iv)   projects for water conservation, management or distribution and supply;

      (v)   maintenance work in public schools, hospitals and other public social service amenities;

      (vi)   work of any nature of a foster home or orphanage;

      (vii)   general cleaning and related activities;

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