Interpretation of this Part
335. In this Part —“appointed psychiatrist” means any psychiatrist appointed under section 339(13);
“community service officer” means any person appointed as a community service officer under section 346(9)(a);
“community work officer” means any person appointed as a community work officer under section 344(10);
“day reporting centre” means any place as may be designated by the Minister charged with the responsibility for home affairs as a day reporting centre under section 341(8);
“day reporting officer” means any person appointed as a day reporting officer under section 341(7);
“psychiatrist” means any medical practitioner who is registered as a psychiatrist in the Register of Specialists under the Medical Registration Act 1997.
Meaning of “community order” and “community sentence”
336.—(1) In this Part, “community order” means any of the following orders:(a)
a mandatory treatment order;
(b)
a day reporting order;
(c)
a community work order;
(d)
a community service order;
(e)
a short detention order.
(2) In this Part, “community sentence” means a sentence which consists of one or more community orders made by a court at the same court proceeding.
—(1) In this Part, “community order” means any of the following orders:(a)
a mandatory treatment order;
(b)
a day reporting order;
(c)
a community work order;
(d)
a community service order;
(e)
a short detention order.
(2) In this Part, “community sentence” means a sentence which consists of one or more community orders made by a court at the same court proceeding.
Community orders
337.—(1) Subject to subsections (2) and (3), a court must not exercise any of its powers under this Part to make any community order in respect of —(a)
an offence for which the sentence is fixed by law;
(b)
an offence for which any of the following is prescribed by law:(i)
a specified minimum sentence of imprisonment or caning;
(ii)
a mandatory minimum sentence of imprisonment, fine or caning;
(c)
an offence which is specified in the Third Schedule to the Registration of Criminals Act 1949;
(d)
a person who had previously been sentenced to a term of imprisonment exceeding 3 months, other than a term of imprisonment served by him or her in default of payment of a fine;
(e)
a person who had previously been sentenced to corrective training or preventive detention;
(f)
a person who had previously been detained or subject to police supervision under section 30(1) of the Criminal Law (Temporary Provisions) Act 1955;
(g)
a person who has been admitted —(i)
at least twice to an approved institution under section 34 of the Misuse of Drugs Act 1973 (called in this section an approved institution);
(ii)
at least twice to an approved centre under section 17 of the Intoxicating Substances Act 1987 (called in this section an approved centre); or
(iii)
at least once to an approved institution, and at least once to an approved centre;
(ga)
an offence under the Misuse of Drugs Act 1973, the Misuse of Drugs Regulations or the Intoxicating Substances Act 1987, if the offender had previously been admitted to an approved institution or an approved centre;
(h)
a fine-only offence; or
(i)
an offence which is punishable with a term of imprisonment which exceeds 3 years.[12/2018; 19/2018]
(2) A court may not make a mandatory treatment order in respect of any case referred to in subsection (1) except that it may do so under section 339 even if the offender —(a)
is a person mentioned in subsection (1)(d) or (g);
(b)
is convicted of an offence under the Misuse of Drugs Act 1973, the Misuse of Drugs Regulations or the Intoxicating Substances Act 1987, after having previously been admitted to an approved institution or an approved centre; or
(c)
is convicted of an offence that is punishable with imprisonment for a term exceeding 3 years but not exceeding 7 years, and is prescribed.[19/2018]
(3) A court may not make a community work order in respect of any case referred to in subsection (1) except that it may do so under section 344 even if the offender is convicted of ––(a)
a fine-only offence; or
(b)
an offence for which a mandatory minimum sentence of fine is prescribed by law.[19/2018]
(4) If an offender convicted of 2 or more offences is sentenced at the same court proceeding for those offences, a court must not pass a community sentence if any of those offences relate to an offence in respect of which the powers to make community orders conferred by this Part cannot be exercised by the court.
(5) Subject to section 344(11)(b), a community sentence passed by a court in respect of any offence is in lieu of any sentence of imprisonment, caning and fine which the court may impose for that offence.
(6) Despite subsection (5), before a court passes a community sentence in respect of any offence, the court may —(a)
impose on the offender any sentence of imprisonment that is provided for that offence; and
(b)
suspend, for the period when any community order made in respect of that offence is in force, the sentence of imprisonment that is imposed for that offence.[19/2018]
(7) Where the court sentences an offender under subsection (6)(a) to imprisonment for at least 3 distinct offences, the court must, in accordance with section 307(1), order the sentences for at least 2 of those offences to run consecutively, before the court —(a)
passes a community sentence in respect of all of those offences; and
(b)
suspends under subsection (6)(b) all of those sentences of imprisonment.[19/2018]
(8) Subject to subsection (7), where the court sentences an offender under subsection (6)(a) to imprisonment for 2 or more distinct offences, the court may, in accordance with section 306, direct the sentences for those offences to run consecutively or concurrently, before the court —(a)
passes a community sentence in respect of all of those offences; and
(b)
suspends under subsection (6)(b) all of those sentences of imprisonment.[19/2018]
(9) Where a sentence of imprisonment imposed on an offender for an offence is suspended under subsection (6)(b) for the period when a community order made in respect of that offence is in force, the court must lift the suspension and direct that the sentence of imprisonment be carried out, if that community order is revoked under section 352(5)(c) or 354(6)(a) or (7)(a).[19/2018]
(10) Despite section 377(2), where —(a)
a court directs under subsection (9) that a sentence of imprisonment, which was suspended under subsection (6)(b), be carried out; and
(b)
no notice of appeal was lodged by any party against the sentence of imprisonment when the sentence was imposed under subsection (6)(a),
a party who is not satisfied with the sentence of imprisonment may lodge with the Registrar of the Supreme Court (if the sentence was imposed by the General Division of the High Court) or the Registrar of the State Courts (if the sentence was imposed by a State Court) a notice of appeal against the sentence of imprisonment within 14 days after the date of the court’s direction under subsection (9).
[19/2018; 40/2019]
(11) Except as provided in subsection (10), Division 1 of Part 20 applies to an appeal commenced under that subsection as if the notice of appeal had been lodged in accordance with section 377(2).[19/2018]
—(1) Subject to subsections (2) and (3), a court must not exercise any of its powers under this Part to make any community order in respect of —(a)
an offence for which the sentence is fixed by law;
(b)
an offence for which any of the following is prescribed by law:(i)
a specified minimum sentence of imprisonment or caning;
(ii)
a mandatory minimum sentence of imprisonment, fine or caning;
(c)
an offence which is specified in the Third Schedule to the Registration of Criminals Act 1949;
(d)
a person who had previously been sentenced to a term of imprisonment exceeding 3 months, other than a term of imprisonment served by him or her in default of payment of a fine;
(e)
a person who had previously been sentenced to corrective training or preventive detention;
(f)
a person who had previously been detained or subject to police supervision under section 30(1) of the Criminal Law (Temporary Provisions) Act 1955;
(g)
a person who has been admitted —(i)
at least twice to an approved institution under section 34 of the Misuse of Drugs Act 1973 (called in this section an approved institution);
(ii)
at least twice to an approved centre under section 17 of the Intoxicating Substances Act 1987 (called in this section an approved centre); or
(iii)
at least once to an approved institution, and at least once to an approved centre;
(ga)
an offence under the Misuse of Drugs Act 1973, the Misuse of Drugs Regulations or the Intoxicating Substances Act 1987, if the offender had previously been admitted to an approved institution or an approved centre;
(h)
a fine-only offence; or
(i)
an offence which is punishable with a term of imprisonment which exceeds 3 years.[12/2018; 19/2018]
(2) A court may not make a mandatory treatment order in respect of any case referred to in subsection (1) except that it may do so under section 339 even if the offender —(a)
is a person mentioned in subsection (1)(d) or (g);
(b)
is convicted of an offence under the Misuse of Drugs Act 1973, the Misuse of Drugs Regulations or the Intoxicating Substances Act 1987, after having previously been admitted to an approved institution or an approved centre; or
(c)
is convicted of an offence that is punishable with imprisonment for a term exceeding 3 years but not exceeding 7 years, and is prescribed.[19/2018]
(3) A court may not make a community work order in respect of any case referred to in subsection (1) except that it may do so under section 344 even if the offender is convicted of ––(a)
a fine-only offence; or
(b)
an offence for which a mandatory minimum sentence of fine is prescribed by law.[19/2018]
(4) If an offender convicted of 2 or more offences is sentenced at the same court proceeding for those offences, a court must not pass a community sentence if any of those offences relate to an offence in respect of which the powers to make community orders conferred by this Part cannot be exercised by the court.
(5) Subject to section 344(11)(b), a community sentence passed by a court in respect of any offence is in lieu of any sentence of imprisonment, caning and fine which the court may impose for that offence.
(6) Despite subsection (5), before a court passes a community sentence in respect of any offence, the court may —(a)
impose on the offender any sentence of imprisonment that is provided for that offence; and
(b)
suspend, for the period when any community order made in respect of that offence is in force, the sentence of imprisonment that is imposed for that offence.[19/2018]
(7) Where the court sentences an offender under subsection (6)(a) to imprisonment for at least 3 distinct offences, the court must, in accordance with section 307(1), order the sentences for at least 2 of those offences to run consecutively, before the court —(a)
passes a community sentence in respect of all of those offences; and
(b)
suspends under subsection (6)(b) all of those sentences of imprisonment.[19/2018]
(8) Subject to subsection (7), where the court sentences an offender under subsection (6)(a) to imprisonment for 2 or more distinct offences, the court may, in accordance with section 306, direct the sentences for those offences to run consecutively or concurrently, before the court —(a)
passes a community sentence in respect of all of those offences; and
(b)
suspends under subsection (6)(b) all of those sentences of imprisonment.[19/2018]
(9) Where a sentence of imprisonment imposed on an offender for an offence is suspended under subsection (6)(b) for the period when a community order made in respect of that offence is in force, the court must lift the suspension and direct that the sentence of imprisonment be carried out, if that community order is revoked under section 352(5)(c) or 354(6)(a) or (7)(a).[19/2018]
(10) Despite section 377(2), where —(a)
a court directs under subsection (9) that a sentence of imprisonment, which was suspended under subsection (6)(b), be carried out; and
(b)
no notice of appeal was lodged by any party against the sentence of imprisonment when the sentence was imposed under subsection (6)(a),
a party who is not satisfied with the sentence of imprisonment may lodge with the Registrar of the Supreme Court (if the sentence was imposed by the General Division of the High Court) or the Registrar of the State Courts (if the sentence was imposed by a State Court) a notice of appeal against the sentence of imprisonment within 14 days after the date of the court’s direction under subsection (9).
[19/2018; 40/2019]
(11) Except as provided in subsection (10), Division 1 of Part 20 applies to an appeal commenced under that subsection as if the notice of appeal had been lodged in accordance with section 377(2).[19/2018]
Combination of community orders
338. A court may make a community order in respect of one or more offences or it may make one or more community orders in respect of one offence.
Mandatory treatment orders
339.—(1) Subject to subsections (2), (3) and (4), where an offender is convicted of an offence, and if the court by or before which the offender is convicted is satisfied that having regard to the circumstances, including the nature of the offence and the character of the offender, it is expedient to do so, the court may make a mandatory treatment order requiring the offender to undergo psychiatric treatment for a period not exceeding 36 months.[19/2018]
(1A) A mandatory treatment order may also require an offender to reside in a psychiatric institution during the whole or a specified part of the period that the offender is required to undergo psychiatric treatment.[19/2018]
(2) Before making a mandatory treatment order, the court must call for a report to be submitted by an appointed psychiatrist.
(3) A court may make a mandatory treatment order in respect of an offender only if the report submitted by an appointed psychiatrist states that —(a)
the offender is suffering from a psychiatric condition which is susceptible to treatment;
(b)
the offender is suitable for the treatment; and
(c)
the psychiatric condition of the offender is one of the contributing factors for his or her committing the offence.
(4) A court must not make a mandatory treatment order in respect of an offender if the report submitted by the appointed psychiatrist states that the appointed psychiatrist is not satisfied with any of the matters referred to in subsection (3)(a) to (c).
(4A) A court may include the requirement mentioned in subsection (1A) in a mandatory treatment order only upon the recommendation of the appointed psychiatrist.[19/2018]
(5) In assessing whether an offender is a person suitable for treatment for his or her psychiatric condition, the appointed psychiatrist may take into account the following factors:(a)
whether the offender is likely to attend the treatment sessions on such day and at such time and place as the appointed psychiatrist may require;
(b)
the physical and mental state of the offender;
(c)
the financial standing of the offender and his or her ability to pay all or any part of the costs of his or her treatment which it is reasonable for him or her to pay.
(6) For the purpose of obtaining the report from an appointed psychiatrist, a court may order that an offender —(a)
be remanded for observation in a psychiatric institution for a period or periods, not exceeding 3 weeks in the case of any single period, as the court thinks necessary to enable the report to be submitted by the appointed psychiatrist; or
(b)
attend at a psychiatric institution for assessment to enable the report to be submitted by the appointed psychiatrist.
(7) An offender may, no later than 3 weeks from the date the court has called for a report from an appointed psychiatrist, or at such other time as the court may allow, submit to the appointed psychiatrist any report made by a psychiatrist engaged by the offender.
(8) Before making any report, the appointed psychiatrist must take into consideration the report made by the psychiatrist engaged by the offender.
(9) Any report made by the appointed psychiatrist is taken to be final and conclusive as to the matters referred to in subsection (3)(a), (b) and (c).
(10) A court may impose such conditions as it thinks fit when making a mandatory treatment order.
(11) Before making a mandatory treatment order, the court must also explain to the offender in ordinary language —(a)
the purpose and effect of the order (and in particular the obligations of the offender as specified in section 340);
(b)
the consequences which may follow if the offender fails to comply with any of those obligations, or any conditions imposed by the court under subsection (10); and
(c)
that the court has the power, under section 351, to vary or revoke the order on the application of the appointed psychiatrist.
(12) The court must extend a copy of any report made by an appointed psychiatrist to the offender or the offender’s advocate and to the Public Prosecutor.
(13) The Director-General of Health may appoint any psychiatrist to be an appointed psychiatrist for the purposes of this section.[Act 11 of 2023 wef 01/05/2023]
(14) The Minister charged with the responsibility for health may make regulations in relation to the treatment of a person subject to a mandatory treatment order.
—(1) Subject to subsections (2), (3) and (4), where an offender is convicted of an offence, and if the court by or before which the offender is convicted is satisfied that having regard to the circumstances, including the nature of the offence and the character of the offender, it is expedient to do so, the court may make a mandatory treatment order requiring the offender to undergo psychiatric treatment for a period not exceeding 36 months.[19/2018]
(1A) A mandatory treatment order may also require an offender to reside in a psychiatric institution during the whole or a specified part of the period that the offender is required to undergo psychiatric treatment.[19/2018]
(2) Before making a mandatory treatment order, the court must call for a report to be submitted by an appointed psychiatrist.
(3) A court may make a mandatory treatment order in respect of an offender only if the report submitted by an appointed psychiatrist states that —(a)
the offender is suffering from a psychiatric condition which is susceptible to treatment;
(b)
the offender is suitable for the treatment; and
(c)
the psychiatric condition of the offender is one of the contributing factors for his or her committing the offence.
(4) A court must not make a mandatory treatment order in respect of an offender if the report submitted by the appointed psychiatrist states that the appointed psychiatrist is not satisfied with any of the matters referred to in subsection (3)(a) to (c).
(4A) A court may include the requirement mentioned in subsection (1A) in a mandatory treatment order only upon the recommendation of the appointed psychiatrist.[19/2018]
(5) In assessing whether an offender is a person suitable for treatment for his or her psychiatric condition, the appointed psychiatrist may take into account the following factors:(a)
whether the offender is likely to attend the treatment sessions on such day and at such time and place as the appointed psychiatrist may require;
(b)
the physical and mental state of the offender;
(c)
the financial standing of the offender and his or her ability to pay all or any part of the costs of his or her treatment which it is reasonable for him or her to pay.
(6) For the purpose of obtaining the report from an appointed psychiatrist, a court may order that an offender —(a)
be remanded for observation in a psychiatric institution for a period or periods, not exceeding 3 weeks in the case of any single period, as the court thinks necessary to enable the report to be submitted by the appointed psychiatrist; or
(b)
attend at a psychiatric institution for assessment to enable the report to be submitted by the appointed psychiatrist.
(7) An offender may, no later than 3 weeks from the date the court has called for a report from an appointed psychiatrist, or at such other time as the court may allow, submit to the appointed psychiatrist any report made by a psychiatrist engaged by the offender.
(8) Before making any report, the appointed psychiatrist must take into consideration the report made by the psychiatrist engaged by the offender.
(9) Any report made by the appointed psychiatrist is taken to be final and conclusive as to the matters referred to in subsection (3)(a), (b) and (c).
(10) A court may impose such conditions as it thinks fit when making a mandatory treatment order.
(11) Before making a mandatory treatment order, the court must also explain to the offender in ordinary language —(a)
the purpose and effect of the order (and in particular the obligations of the offender as specified in section 340);
(b)
the consequences which may follow if the offender fails to comply with any of those obligations, or any conditions imposed by the court under subsection (10); and
(c)
that the court has the power, under section 351, to vary or revoke the order on the application of the appointed psychiatrist.
(12) The court must extend a copy of any report made by an appointed psychiatrist to the offender or the offender’s advocate and to the Public Prosecutor.
(13) The Director-General of Health may appoint any psychiatrist to be an appointed psychiatrist for the purposes of this section.[Act 11 of 2023 wef 01/05/2023]
(14) The Minister charged with the responsibility for health may make regulations in relation to the treatment of a person subject to a mandatory treatment order.
Obligations of offender subject to mandatory treatment order
340. An offender in respect of whom a mandatory treatment order is in force must —(a)
attend the treatment sessions on such day and at such time and place as the appointed psychiatrist may require;
(b)
comply with such other conditions in connection with his or her treatment as the appointed psychiatrist may require; and
(c)
comply with such other conditions which a court may impose under section 339(10).
Day reporting orders
341.—(1) Subject to subsection (2), where an offender who is 16 years of age or above is convicted of an offence, and if the court by or before which he or she is convicted is satisfied that having regard to the circumstances, including the nature of the offence and the character of the offender, it is expedient to do so, the court may make a day reporting order requiring the offender to report to a day reporting officer at any day reporting centre.(2) A court must, before making a day reporting order, call for a report from a day reporting officer regarding the susceptibility of the offender convicted of an offence to counselling and rehabilitation under the supervision of a day reporting officer.
(3) To avoid doubt, a court may make a day reporting order even though the report from the day reporting officer states that the offender in respect of whom the day reporting order is to be made is not susceptible to counselling and rehabilitation under the supervision of a day reporting officer.
(4) The period during which an offender may be required to report to a reporting centre under a day reporting order shall be specified in the order and must —(a)
not be less than 3 months; and
(b)
not be more than 12 months.
(5) A court may impose such conditions as it thinks fit when making a day reporting order.
(6) Before making a day reporting order, the court must explain to the offender in ordinary language —(a)
the purpose and effect of the order (and in particular the obligations of the offender as specified in section 343);
(b)
the consequences which may follow if the offender fails to comply with any of those obligations, or any conditions imposed by the court under subsection (5); and
(c)
that the court has the power, under section 351, to vary or revoke the order on the application of the day reporting officer.
(7) The Commissioner of Prisons may appoint any person to be a day reporting officer for the purposes of this section.[1/2014]
(8) The Minister charged with the responsibility for home affairs may designate any place as a day reporting centre.
—(1) Subject to subsection (2), where an offender who is 16 years of age or above is convicted of an offence, and if the court by or before which he or she is convicted is satisfied that having regard to the circumstances, including the nature of the offence and the character of the offender, it is expedient to do so, the court may make a day reporting order requiring the offender to report to a day reporting officer at any day reporting centre.
(2) A court must, before making a day reporting order, call for a report from a day reporting officer regarding the susceptibility of the offender convicted of an offence to counselling and rehabilitation under the supervision of a day reporting officer.
(3) To avoid doubt, a court may make a day reporting order even though the report from the day reporting officer states that the offender in respect of whom the day reporting order is to be made is not susceptible to counselling and rehabilitation under the supervision of a day reporting officer.
(4) The period during which an offender may be required to report to a reporting centre under a day reporting order shall be specified in the order and must —(a)
not be less than 3 months; and
(b)
not be more than 12 months.
(5) A court may impose such conditions as it thinks fit when making a day reporting order.
(6) Before making a day reporting order, the court must explain to the offender in ordinary language —(a)
the purpose and effect of the order (and in particular the obligations of the offender as specified in section 343);
(b)
the consequences which may follow if the offender fails to comply with any of those obligations, or any conditions imposed by the court under subsection (5); and
(c)
that the court has the power, under section 351, to vary or revoke the order on the application of the day reporting officer.
(7) The Commissioner of Prisons may appoint any person to be a day reporting officer for the purposes of this section.[1/2014]
(8) The Minister charged with the responsibility for home affairs may designate any place as a day reporting centre.
Electronic monitoring of offender subject to day reporting order
342.—(1) Subject to subsection (2), a day reporting order may in addition include requirements for securing the electronic monitoring of the whereabouts of an offender subject to the order during the period when the order is in force against the offender.(2) A court must not make a day reporting order which includes the requirements mentioned in subsection (1) unless the court is satisfied that electronic monitoring arrangements can be made by the day reporting officer.
(3) Electronic monitoring arrangements made under this section may include entering into contracts with other persons for the electronic monitoring by them of the whereabouts of the offender.
—(1) Subject to subsection (2), a day reporting order may in addition include requirements for securing the electronic monitoring of the whereabouts of an offender subject to the order during the period when the order is in force against the offender.
(2) A court must not make a day reporting order which includes the requirements mentioned in subsection (1) unless the court is satisfied that electronic monitoring arrangements can be made by the day reporting officer.
(3) Electronic monitoring arrangements made under this section may include entering into contracts with other persons for the electronic monitoring by them of the whereabouts of the offender.
Obligations of offender subject to day reporting order
343. An offender in respect of whom a day reporting order is in force must —(a)
report to the day reporting officer on such day and at such time and reporting centre as the day reporting officer may require;
(b)
undergo such counselling and rehabilitation programme as the day reporting officer may require;
(c)
notify the day reporting officer of any change in the offender’s address or employment status;
(d)
give to the day reporting officer, upon the request of that officer, any information relating to the offender’s daily routine or whereabouts;
(e)
comply with the requirements mentioned in section 342(1), if any;
(f)
not assault, threaten, insult or use abusive language to a day reporting officer; and
(g)
comply with such other conditions which a court may impose under section 341(5).
Community work orders
344.—(1) This section, and the other provisions in this Part, apply to any offence under any Act or subsidiary legislation which is prescribed under subsection (2).(2) The Minister responsible for the administration of any Act (or any part thereof) or any subsidiary legislation may prescribe any offence under that Act (or any part thereof) or subsidiary legislation to be an offence to which this section and the other provisions in this Part apply.
(3) Subject to subsection (5), where an offender who is 16 years of age or above is convicted of an offence prescribed under subsection (2), and if the court by or before which he or she is convicted is satisfied that it is expedient with a view to the offender’s reformation that the offender be required to perform community work that is associated with that offence, the court may make a community work order requiring the offender to perform any unpaid community work under the supervision of a community work officer.
(4) For the purposes of subsection (3), community work is associated with an offence if the performance of that work will promote in the offender a sense of responsibility for, and an acknowledgment of, the harm that he or she has done by committing that offence.
(5) A court must not make a community work order in respect of an offender unless the court is satisfied that suitable arrangements can be made for the offender to perform work under such order.
(6) The number of hours which an offender may be required to work under a community work order must be specified in the order and must not exceed the prescribed maximum hours of community work which the offender may be required to perform under that order.
(7) A court may impose such conditions as it thinks fit when making a community work order.
(8) Before making a community work order, the court must explain to the offender in ordinary language —(a)
the purpose and effect of the order (and in particular the obligations of the offender as specified in section 345);
(b)
the consequences which may follow if the offender fails to comply with any of those obligations, or any conditions imposed by the court under subsection (7); and
(c)
that the court has the power, under section 351, to vary or revoke the order on the application of the community work officer.
(9) Where a court makes community work orders in respect of 2 or more offences of which an offender has been convicted by or before the court, the court may direct that the hours of work specified in any of those orders be concurrent with or additional to the hours specified in any of those orders, but so that the total number of hours which are not concurrent does not exceed the maximum hours of community work which the offender may be required to perform under any one of those orders.
(10) Where any offence under any Act or subsidiary legislation is prescribed by a Minister under subsection (2), that Minister, or any public body under the charge of that Minister and with the Minister’s approval, may appoint any person to be a community work officer for the purpose of supervising the performance of work which an offender may be required to perform under a community work order made in relation to the offence prescribed under that subsection.
(11) Where any offence under any Act or subsidiary legislation is prescribed by a Minister under subsection (2), that Minister, or any public authority constituted by any written law under the charge of that Minister and with the Minister’s approval, may —(a)
prescribe the minimum and maximum hours of community work which an offender may be required to work under a community work order made in relation to the offence prescribed under that subsection;
(b)
make provisions to allow a court, in a case where the offence prescribed under subsection (2) is punishable with a sentence of fine, to make a community work order which shall be in addition to, or in lieu of, the sentence of fine for that offence; and
(c)
make regulations, not inconsistent with the provisions of this Part, to make further provisions for the manner in which a community work order may be carried out by an offender who may be required to work under the order made in relation to the offence prescribed under that subsection (including the imposition of additional requirements and the service of any instructions or notice on an offender in respect of whom such an order has been made).
(12) If, in respect of any offence —(a)
a court sentences the offender to a fine in addition to making a community work order; and
(b)
the offender defaults on the payment of the whole or any part of the fine,
the offender must serve the sentence under the community work order, unless it is earlier revoked, before serving any sentence of imprisonment in default of payment of the fine.
—(1) This section, and the other provisions in this Part, apply to any offence under any Act or subsidiary legislation which is prescribed under subsection (2).
(2) The Minister responsible for the administration of any Act (or any part thereof) or any subsidiary legislation may prescribe any offence under that Act (or any part thereof) or subsidiary legislation to be an offence to which this section and the other provisions in this Part apply.
(3) Subject to subsection (5), where an offender who is 16 years of age or above is convicted of an offence prescribed under subsection (2), and if the court by or before which he or she is convicted is satisfied that it is expedient with a view to the offender’s reformation that the offender be required to perform community work that is associated with that offence, the court may make a community work order requiring the offender to perform any unpaid community work under the supervision of a community work officer.
(4) For the purposes of subsection (3), community work is associated with an offence if the performance of that work will promote in the offender a sense of responsibility for, and an acknowledgment of, the harm that he or she has done by committing that offence.
(5) A court must not make a community work order in respect of an offender unless the court is satisfied that suitable arrangements can be made for the offender to perform work under such order.
(6) The number of hours which an offender may be required to work under a community work order must be specified in the order and must not exceed the prescribed maximum hours of community work which the offender may be required to perform under that order.
(7) A court may impose such conditions as it thinks fit when making a community work order.
(8) Before making a community work order, the court must explain to the offender in ordinary language —(a)
the purpose and effect of the order (and in particular the obligations of the offender as specified in section 345);
(b)
the consequences which may follow if the offender fails to comply with any of those obligations, or any conditions imposed by the court under subsection (7); and
(c)
that the court has the power, under section 351, to vary or revoke the order on the application of the community work officer.
(9) Where a court makes community work orders in respect of 2 or more offences of which an offender has been convicted by or before the court, the court may direct that the hours of work specified in any of those orders be concurrent with or additional to the hours specified in any of those orders, but so that the total number of hours which are not concurrent does not exceed the maximum hours of community work which the offender may be required to perform under any one of those orders.
(10) Where any offence under any Act or subsidiary legislation is prescribed by a Minister under subsection (2), that Minister, or any public body under the charge of that Minister and with the Minister’s approval, may appoint any person to be a community work officer for the purpose of supervising the performance of work which an offender may be required to perform under a community work order made in relation to the offence prescribed under that subsection.
(11) Where any offence under any Act or subsidiary legislation is prescribed by a Minister under subsection (2), that Minister, or any public authority constituted by any written law under the charge of that Minister and with the Minister’s approval, may —(a)
prescribe the minimum and maximum hours of community work which an offender may be required to work under a community work order made in relation to the offence prescribed under that subsection;
(b)
make provisions to allow a court, in a case where the offence prescribed under subsection (2) is punishable with a sentence of fine, to make a community work order which shall be in addition to, or in lieu of, the sentence of fine for that offence; and
(c)
make regulations, not inconsistent with the provisions of this Part, to make further provisions for the manner in which a community work order may be carried out by an offender who may be required to work under the order made in relation to the offence prescribed under that subsection (including the imposition of additional requirements and the service of any instructions or notice on an offender in respect of whom such an order has been made).
(12) If, in respect of any offence —(a)
a court sentences the offender to a fine in addition to making a community work order; and
(b)
the offender defaults on the payment of the whole or any part of the fine,
the offender must serve the sentence under the community work order, unless it is earlier revoked, before serving any sentence of imprisonment in default of payment of the fine.
Obligations of offender subject to community work order
345. An offender in respect of whom a community work order is in force must —(a)
perform, for the number of hours specified in the order, such work and on such day and at such time and place as the community work officer may require;
(b)
notify the community work officer of any change of the offender’s address;
(c)
perform the community work in a satisfactory manner;
(d)
not disturb or interfere with any other person participating in or doing anything under a community work order;
(e)
not assault, threaten, insult or use abusive language to a community work officer;
(f)
comply with such other conditions which a court may impose under section 344(7); and
(g)
comply with any regulations made under section 344(11)(c).
Community service orders
346.—(1) Subject to subsection (2), where an offender who is 16 years of age or above is convicted of an offence, and if the court by or before which he or she is convicted is satisfied that it is expedient with a view to the offender’s reformation that the offender makes amends to the community for the offence by performing such work as is specified in the Fifth Schedule, the court may make a community service order requiring the offender to perform any unpaid community service under the supervision of a community service officer.(2) A court must not make a community service order in respect of an offender unless the court is satisfied that —(a)
based on the mental and physical condition of the offender, he or she is a suitable person to perform community service under such an order; and
(b)
suitable arrangements can be made for the offender to perform community service under such order.
(3) A court must, before making a community service order, call for a report from a community service officer regarding the suitability of an offender to perform community service under that order.
(4) To avoid doubt, a court may make a community service order even though the report from the community service officer states that the offender in respect of whom the community service order is to be made is not suitable to perform community service under that order.
(5) The number of hours which an offender has to perform community service under a community service order must be specified in the order and must not exceed the prescribed maximum hours of community service which the offender may be required to perform under that order.
(6) A court may impose such conditions as it thinks fit when making a community service order.
(7) Before making a community service order, the court must explain to the offender in ordinary language —(a)
the purpose and effect of the order (and in particular the obligations of the offender as specified in section 347);
(b)
the consequences which may follow if the offender fails to comply with any of those obligations, or any conditions imposed by the court under subsection (6); and
(c)
that the court has the power, under section 351, to vary or revoke the order on the application of the community service officer.
(8) Where a court makes community service orders in respect of 2 or more offences of which the offender has been convicted by or before the court, the court may direct that the hours of community service specified in any of those orders be concurrent with or additional to the hours specified in any of those orders, but so that the total number of hours which are not concurrent does not exceed the maximum hours of community service which the offender may be required to perform under any one of those orders.
(9) The Minister charged with the responsibility for the probation of offenders may —(a)
appoint any person to be a community service officer for the purposes of this section;
(b)
prescribe the minimum and maximum hours of community service which an offender is required to perform under a community service order; and
(c)
make regulations, not inconsistent with the provisions of this Part, to make further provisions for the manner in which a community service order may be performed including the imposition of additional requirements and the service of any instructions or notice on an offender in respect of whom such an order has been made.[25/2012]
—(1) Subject to subsection (2), where an offender who is 16 years of age or above is convicted of an offence, and if the court by or before which he or she is convicted is satisfied that it is expedient with a view to the offender’s reformation that the offender makes amends to the community for the offence by performing such work as is specified in the Fifth Schedule, the court may make a community service order requiring the offender to perform any unpaid community service under the supervision of a community service officer.
(2) A court must not make a community service order in respect of an offender unless the court is satisfied that —(a)
based on the mental and physical condition of the offender, he or she is a suitable person to perform community service under such an order; and
(b)
suitable arrangements can be made for the offender to perform community service under such order.
(3) A court must, before making a community service order, call for a report from a community service officer regarding the suitability of an offender to perform community service under that order.
(4) To avoid doubt, a court may make a community service order even though the report from the community service officer states that the offender in respect of whom the community service order is to be made is not suitable to perform community service under that order.
(5) The number of hours which an offender has to perform community service under a community service order must be specified in the order and must not exceed the prescribed maximum hours of community service which the offender may be required to perform under that order.
(6) A court may impose such conditions as it thinks fit when making a community service order.
(7) Before making a community service order, the court must explain to the offender in ordinary language —(a)
the purpose and effect of the order (and in particular the obligations of the offender as specified in section 347);
(b)
the consequences which may follow if the offender fails to comply with any of those obligations, or any conditions imposed by the court under subsection (6); and
(c)
that the court has the power, under section 351, to vary or revoke the order on the application of the community service officer.
(8) Where a court makes community service orders in respect of 2 or more offences of which the offender has been convicted by or before the court, the court may direct that the hours of community service specified in any of those orders be concurrent with or additional to the hours specified in any of those orders, but so that the total number of hours which are not concurrent does not exceed the maximum hours of community service which the offender may be required to perform under any one of those orders.
(9) The Minister charged with the responsibility for the probation of offenders may —(a)
appoint any person to be a community service officer for the purposes of this section;
(b)
prescribe the minimum and maximum hours of community service which an offender is required to perform under a community service order; and
(c)
make regulations, not inconsistent with the provisions of this Part, to make further provisions for the manner in which a community service order may be performed including the imposition of additional requirements and the service of any instructions or notice on an offender in respect of whom such an order has been made.[25/2012]
Obligations of offender subject to community service order
347. An offender in respect of whom a community service order is in force must —(a)
perform, for the number of hours specified in the order, such community service and on such day and at such time and place as the community service officer may require;
(b)
notify the community service officer of any change of the offender’s address or occupation;
(c)
perform the community service in a satisfactory manner;
(d)
not disturb or interfere with any other person participating in or doing anything under a community service order;
(e)
not assault, threaten, insult or use abusive language to a community service officer;
(f)
comply with such other conditions which a court may impose under section 346(6); and
(g)
comply with any regulations made under section 346(9)(c).
Short detention orders
348.—(1) Where an offender who is 16 years of age or above is convicted of an offence, and if the court by or before which he or she is convicted is satisfied that having regard to the circumstances, including the nature of the offence and the character of the offender, it is expedient to do so, the court may make a short detention order requiring the offender to be detained in prison for a period which must not exceed 14 days.(2) Sections 317 and 318 apply to a short detention order as if the order were a sentence of imprisonment passed by the court.
—(1) Where an offender who is 16 years of age or above is convicted of an offence, and if the court by or before which he or she is convicted is satisfied that having regard to the circumstances, including the nature of the offence and the character of the offender, it is expedient to do so, the court may make a short detention order requiring the offender to be detained in prison for a period which must not exceed 14 days.
(2) Sections 317 and 318 apply to a short detention order as if the order were a sentence of imprisonment passed by the court.
Taking of security
349.—(1) A court making any community order (other than a short detention order) under this Part may require the offender subject to the order, or any other person, to furnish such security or to give such undertaking as the court thinks fit in order to ensure that the offender subject to the order complies with the order.(2) Any security must be given in such form and manner as the court may determine and may be by bond, guarantee, cash deposit or any other method, or by any 2 or more different methods.
(3) Where a security bond is furnished under this section, the offender subject to the community order or any other person furnishing the security bond (as the case may be) must comply with the conditions specified in the security bond.
—(1) A court making any community order (other than a short detention order) under this Part may require the offender subject to the order, or any other person, to furnish such security or to give such undertaking as the court thinks fit in order to ensure that the offender subject to the order complies with the order.
(2) Any security must be given in such form and manner as the court may determine and may be by bond, guarantee, cash deposit or any other method, or by any 2 or more different methods.
(3) Where a security bond is furnished under this section, the offender subject to the community order or any other person furnishing the security bond (as the case may be) must comply with the conditions specified in the security bond.
Forfeiture of security
350.—(1) If the court is satisfied that the offender subject to a community order or any other person furnishing the security bond (as the case may be) has failed to comply with any condition specified in respect of any security bond furnished under section 349, the court may direct the forfeiture of the security or any part thereof.(2) The forfeiture of any security under this section does not prejudice the taking of proceedings against any person under this Part.
(3) Notice of the forfeiture of any security or any part thereof must be given to the offender subject to a community order or any other person furnishing the security bond, as the case may be.
(4) It is sufficient if the notice under subsection (3) is sent by registered post to the last known address of the offender subject to the community order or the other person, as the case may be.
—(1) If the court is satisfied that the offender subject to a community order or any other person furnishing the security bond (as the case may be) has failed to comply with any condition specified in respect of any security bond furnished under section 349, the court may direct the forfeiture of the security or any part thereof.
(2) The forfeiture of any security under this section does not prejudice the taking of proceedings against any person under this Part.
(3) Notice of the forfeiture of any security or any part thereof must be given to the offender subject to a community order or any other person furnishing the security bond, as the case may be.
(4) It is sufficient if the notice under subsection (3) is sent by registered post to the last known address of the offender subject to the community order or the other person, as the case may be.
Variation and revocation of community orders on grounds other than breach thereof
351.—(1) Where a mandatory treatment order, day reporting order, community work order or community service order is in force in respect of an offender, a court may, on the application of the appointed psychiatrist, day reporting officer, community work officer or community service officer, respectively —(a)
vary the order (including reducing or extending the period that the offender has to undergo psychiatric treatment, report to a day reporting officer or perform community work or community service) or the conditions or obligations thereof in such manner as the court thinks just and expedient in the circumstances; or
(b)
taking into account the extent to which the offender has complied with the order, revoke the order and impose such sentence which is provided for the offence or offences in respect of which the order has been made.
(2) Where a court varies a mandatory treatment order under subsection (1)(a) by extending the period the offender has to undergo psychiatric treatment under the order, the period so extended must not exceed 24 months from the date the order is first in force.
(3) Where a court varies a day reporting order under subsection (1)(a) by extending the period the offender has to report to a day reporting officer under the order, the period so extended must not exceed 12 months from the date the order is first in force.
(4) Where a court varies a community work order under subsection (1)(a) by extending the number of hours the offender has to perform community work under the order, the number of hours so extended must not exceed the prescribed maximum hours of community work which the offender may be required to work under that order.
(5) Where a court varies a community service order under subsection (1)(a) by extending the period the offender is required to perform community service under the order, the period so extended must not exceed the prescribed maximum hours of community service which the offender may be required to perform under that order.
(6) Where any application is made under subsection (1), the court may fix a hearing date to determine whether or not to vary or revoke the community order referred to in that subsection and may at any time —(a)
issue a summons directing the offender subject to the community order to appear before the court on a date and at a time specified in the summons; or
(b)
where the court is satisfied that the offender may not appear, issue a warrant for the arrest of the offender.
(7) Where an offender served with a summons issued under subsection (6)(a) fails to attend before the court, the court may issue a warrant for the arrest of the offender.
(8) The court may vary or revoke a mandatory treatment order under subsection (1) on any of the following grounds:(a)
there has been a change of circumstances since the order was made that would justify the variation or revocation of the order;
(b)
that in view of the progress the offender has made in the treatment, such variation or revocation is warranted.
(9) The court may vary or revoke a day reporting order, community work order or community service order under subsection (1) if such variation or revocation is justified by any change of circumstances since the order was made, or by the conduct of the offender who is subject to the order.
—(1) Where a mandatory treatment order, day reporting order, community work order or community service order is in force in respect of an offender, a court may, on the application of the appointed psychiatrist, day reporting officer, community work officer or community service officer, respectively —(a)
vary the order (including reducing or extending the period that the offender has to undergo psychiatric treatment, report to a day reporting officer or perform community work or community service) or the conditions or obligations thereof in such manner as the court thinks just and expedient in the circumstances; or
(b)
taking into account the extent to which the offender has complied with the order, revoke the order and impose such sentence which is provided for the offence or offences in respect of which the order has been made.
(2) Where a court varies a mandatory treatment order under subsection (1)(a) by extending the period the offender has to undergo psychiatric treatment under the order, the period so extended must not exceed 24 months from the date the order is first in force.
(3) Where a court varies a day reporting order under subsection (1)(a) by extending the period the offender has to report to a day reporting officer under the order, the period so extended must not exceed 12 months from the date the order is first in force.
(4) Where a court varies a community work order under subsection (1)(a) by extending the number of hours the offender has to perform community work under the order, the number of hours so extended must not exceed the prescribed maximum hours of community work which the offender may be required to work under that order.
(5) Where a court varies a community service order under subsection (1)(a) by extending the period the offender is required to perform community service under the order, the period so extended must not exceed the prescribed maximum hours of community service which the offender may be required to perform under that order.
(6) Where any application is made under subsection (1), the court may fix a hearing date to determine whether or not to vary or revoke the community order referred to in that subsection and may at any time —(a)
issue a summons directing the offender subject to the community order to appear before the court on a date and at a time specified in the summons; or
(b)
where the court is satisfied that the offender may not appear, issue a warrant for the arrest of the offender.
(7) Where an offender served with a summons issued under subsection (6)(a) fails to attend before the court, the court may issue a warrant for the arrest of the offender.
(8) The court may vary or revoke a mandatory treatment order under subsection (1) on any of the following grounds:(a)
there has been a change of circumstances since the order was made that would justify the variation or revocation of the order;
(b)
that in view of the progress the offender has made in the treatment, such variation or revocation is warranted.
(9) The court may vary or revoke a day reporting order, community work order or community service order under subsection (1) if such variation or revocation is justified by any change of circumstances since the order was made, or by the conduct of the offender who is subject to the order.
Breach of community orders
352.—(1) An offender in respect of whom a mandatory treatment order, day reporting order, community work order or community service order is in force is in breach of the order if he or she, without reasonable excuse, fails to comply with any of his or her obligations under section 340, 343, 345 or 347, respectively.(2) An offender is in breach of a short detention order if he or she commits an aggravated prison offence as defined in section 73 of the Prisons Act 1933 when there is in force in respect of him or her a short detention order.
(3) Where a court receives information from an appointed psychiatrist, a day reporting officer, a community work officer or a community service officer that an offender in respect of whom a mandatory treatment order, day reporting order, community work order or community service order, respectively, is in force, is in breach of the respective order, the court may fix a hearing date to determine whether the offender is in breach of a community order and may at any time —(a)
issue a summons directing the offender to appear before the court on a date and at a time specified in the summons; or
(b)
where the court is satisfied that the offender may not appear, issue a warrant for the arrest of the offender.
(4) Where an offender served with a summons issued under subsection (3)(a) fails to attend before the court, the court may issue a warrant for the arrest of the offender.
(5) Subject to subsection (7), if it is proved to the satisfaction of a court that an offender in respect of whom a mandatory treatment order, day reporting order, community work order or community service order is in force is in breach of the order —(a)
the court may, without affecting the continuance of the order —(i)
issue a warning to the offender;
(ii)
vary the order (including reducing or extending the period that the offender has to undergo psychiatric treatment, report to a day reporting officer or perform community work or community service) or the conditions or obligations thereof in such manner as the court thinks just and expedient in the circumstances; or
(iii)
impose on the offender a fine not exceeding $1,000;
(b)
subject to paragraph (c), the court may, taking into account the extent to which the offender has complied with the order, revoke the order and impose such sentence which is provided for the offence or offences in respect of which the order has been made; or
(c)
where the order was made in respect of an offence after the court had imposed and suspended under section 337(6) a sentence of imprisonment for that offence, the court must revoke the order.[19/2018]
(6) Where an offender is in breach of a short detention order, a court may, on the application of the Commissioner of Prisons or any person authorised by the Commissioner of Prisons, revoke the order and, taking into account the period the offender has been detained under that order, impose such sentence which is provided for the offence or offences in respect of which the order has been made.[1/2014]
(7) If it is proved to the satisfaction of a court that an offender in respect of whom a day reporting order, community work order or community service order is in force is in breach of the order, the court may, without affecting the continuance of the order, make an order for the offender to be detained in prison for a period which must not exceed 14 days.
(8) Sections 317 and 318 apply to an order made under subsection (7) as if the order were a sentence of imprisonment passed by the court.
(9) Where a court varies a mandatory treatment order under subsection (5)(a)(ii) by extending the period the offender has to undergo psychiatric treatment under the order, the period so extended must not exceed 36 months from the date the order is first in force.[19/2018]
(10) Where a court varies a day reporting order under subsection (5)(a)(ii) by extending the period the offender has to report to a day reporting officer under the order, the period so extended must not exceed 12 months from the date the order is first in force.
(11) Where a court varies a community work order under subsection (5)(a)(ii) by extending the number of hours the offender has to perform community work under the order, the number of hours so extended must not exceed the prescribed maximum hours of community work which the offender may be required to work under that order.
(12) Where a court varies a community service order under subsection (5)(a)(ii) by extending the period the offender is required to perform community service under the order, the period so extended must not exceed the prescribed maximum hours of community service which the offender may be required to perform under that order.
(13) If it is proved to the satisfaction of a court that an offender in respect of whom a mandatory treatment order, day reporting order, community work order or community service order is in force is in breach of the order, and the offender is serving any other community order at the time of the breach —(a)
the offender is deemed to be in breach of all the community orders; and
(b)
the court must deal with the offender in accordance with subsection (5) in relation to the breach of each of those community orders.
—(1) An offender in respect of whom a mandatory treatment order, day reporting order, community work order or community service order is in force is in breach of the order if he or she, without reasonable excuse, fails to comply with any of his or her obligations under section 340, 343, 345 or 347, respectively.
(2) An offender is in breach of a short detention order if he or she commits an aggravated prison offence as defined in section 73 of the Prisons Act 1933 when there is in force in respect of him or her a short detention order.
(3) Where a court receives information from an appointed psychiatrist, a day reporting officer, a community work officer or a community service officer that an offender in respect of whom a mandatory treatment order, day reporting order, community work order or community service order, respectively, is in force, is in breach of the respective order, the court may fix a hearing date to determine whether the offender is in breach of a community order and may at any time —(a)
issue a summons directing the offender to appear before the court on a date and at a time specified in the summons; or
(b)
where the court is satisfied that the offender may not appear, issue a warrant for the arrest of the offender.
(4) Where an offender served with a summons issued under subsection (3)(a) fails to attend before the court, the court may issue a warrant for the arrest of the offender.
(5) Subject to subsection (7), if it is proved to the satisfaction of a court that an offender in respect of whom a mandatory treatment order, day reporting order, community work order or community service order is in force is in breach of the order —(a)
the court may, without affecting the continuance of the order —(i)
issue a warning to the offender;
(ii)
vary the order (including reducing or extending the period that the offender has to undergo psychiatric treatment, report to a day reporting officer or perform community work or community service) or the conditions or obligations thereof in such manner as the court thinks just and expedient in the circumstances; or
(iii)
impose on the offender a fine not exceeding $1,000;
(b)
subject to paragraph (c), the court may, taking into account the extent to which the offender has complied with the order, revoke the order and impose such sentence which is provided for the offence or offences in respect of which the order has been made; or
(c)
where the order was made in respect of an offence after the court had imposed and suspended under section 337(6) a sentence of imprisonment for that offence, the court must revoke the order.[19/2018]
(6) Where an offender is in breach of a short detention order, a court may, on the application of the Commissioner of Prisons or any person authorised by the Commissioner of Prisons, revoke the order and, taking into account the period the offender has been detained under that order, impose such sentence which is provided for the offence or offences in respect of which the order has been made.[1/2014]
(7) If it is proved to the satisfaction of a court that an offender in respect of whom a day reporting order, community work order or community service order is in force is in breach of the order, the court may, without affecting the continuance of the order, make an order for the offender to be detained in prison for a period which must not exceed 14 days.
(8) Sections 317 and 318 apply to an order made under subsection (7) as if the order were a sentence of imprisonment passed by the court.
(9) Where a court varies a mandatory treatment order under subsection (5)(a)(ii) by extending the period the offender has to undergo psychiatric treatment under the order, the period so extended must not exceed 36 months from the date the order is first in force.[19/2018]
(10) Where a court varies a day reporting order under subsection (5)(a)(ii) by extending the period the offender has to report to a day reporting officer under the order, the period so extended must not exceed 12 months from the date the order is first in force.
(11) Where a court varies a community work order under subsection (5)(a)(ii) by extending the number of hours the offender has to perform community work under the order, the number of hours so extended must not exceed the prescribed maximum hours of community work which the offender may be required to work under that order.
(12) Where a court varies a community service order under subsection (5)(a)(ii) by extending the period the offender is required to perform community service under the order, the period so extended must not exceed the prescribed maximum hours of community service which the offender may be required to perform under that order.
(13) If it is proved to the satisfaction of a court that an offender in respect of whom a mandatory treatment order, day reporting order, community work order or community service order is in force is in breach of the order, and the offender is serving any other community order at the time of the breach —(a)
the offender is deemed to be in breach of all the community orders; and
(b)
the court must deal with the offender in accordance with subsection (5) in relation to the breach of each of those community orders.
Commission of offence before community order is in force
353.—(1) Where —(a)
an offender, in respect of whom a community order is in force, is convicted, while the order is in force, of one or more offences committed before the date that the order is in force; and
(b)
the powers of a court to make community orders which are conferred by this Part are exercisable by the court in respect of that offence or those offences,
the court may make a community order in respect of that offence or those offences, or it may sentence the offender to any punishment which is prescribed for that offence or those offences.
(2) If instead of making a community order, a court sentences an offender in respect of whom a community order is in force to imprisonment under subsection (1), the offender must thereafter be dealt with in accordance with section 354 as if he or she had been convicted and dealt with by a court for an offence or offences committed during the period when a community order is in force in respect of him or her.
(3) If instead of making a community order, a court sentences an offender in respect of whom a community order is in force to a fine under subsection (1) without imposing any term of imprisonment, the offender —(a)
if he or she pays the fine amount, must continue serving the sentence under the community order; or
(b)
if he or she defaults on paying the fine amount, must continue serving the sentence under the community order before serving any sentence of imprisonment imposed by the court for the default.
(4) Where —(a)
an offender, in respect of whom a community order is in force, is convicted, while the order is in force, of one or more offences committed before the date that the order is in force; and
(b)
the powers of a court to make community orders which are conferred by this Part are not exercisable by the court in respect of that offence or those offences,
the court must sentence the offender to any punishment which is prescribed for that offence or those offences and the offender must thereafter be dealt with in accordance with section 354 as if the offender had been convicted and dealt with by a court for an offence or offences committed during the period when a community order was in force in respect of him or her.
—(1) Where —(a)
an offender, in respect of whom a community order is in force, is convicted, while the order is in force, of one or more offences committed before the date that the order is in force; and
(b)
the powers of a court to make community orders which are conferred by this Part are exercisable by the court in respect of that offence or those offences,
the court may make a community order in respect of that offence or those offences, or it may sentence the offender to any punishment which is prescribed for that offence or those offences.
(2) If instead of making a community order, a court sentences an offender in respect of whom a community order is in force to imprisonment under subsection (1), the offender must thereafter be dealt with in accordance with section 354 as if he or she had been convicted and dealt with by a court for an offence or offences committed during the period when a community order is in force in respect of him or her.
(3) If instead of making a community order, a court sentences an offender in respect of whom a community order is in force to a fine under subsection (1) without imposing any term of imprisonment, the offender —(a)
if he or she pays the fine amount, must continue serving the sentence under the community order; or
(b)
if he or she defaults on paying the fine amount, must continue serving the sentence under the community order before serving any sentence of imprisonment imposed by the court for the default.
(4) Where —(a)
an offender, in respect of whom a community order is in force, is convicted, while the order is in force, of one or more offences committed before the date that the order is in force; and
(b)
the powers of a court to make community orders which are conferred by this Part are not exercisable by the court in respect of that offence or those offences,
the court must sentence the offender to any punishment which is prescribed for that offence or those offences and the offender must thereafter be dealt with in accordance with section 354 as if the offender had been convicted and dealt with by a court for an offence or offences committed during the period when a community order was in force in respect of him or her.
Commission of further offence
354.—(1) If it appears to a judge to whom jurisdiction is granted under subsection (3) that an offender has been convicted by any court of one or more offences committed during the period when a community order is in force in respect of the offender, and has been dealt with in respect of that offence or those offences, the judge may fix a hearing date to determine if the offender has been so convicted and dealt with and may issue a summons requiring the offender to appear at the place and time specified therein, or may issue a warrant for the offender’s arrest.(2) A Magistrate may not issue a warrant under subsection (1) except on information in writing.
(3) The following persons have jurisdiction for the purposes of subsection (1):(a)
if the community order was made by the General Division of the High Court, a Judge;
(b)
if the community order was made by a District Court, a District Judge;
(c)
if the community order was made by a Magistrate’s Court, a Magistrate.[40/2019]
(4) A summons or warrant issued under this section must direct the offender so convicted to appear or be brought before the court which made the community order.
(5) If an offender in respect of whom a community order has been made by the General Division of the High Court or District Court is convicted and dealt with by any Magistrate’s Court in respect of any offence or offences committed during the period when the community order is in force in respect of the offender, the Magistrate’s Court may commit the offender to custody or release him or her on bail or personal bond until he or she can be brought or appears before the court by which the community order has been made; and if he or she does so the Magistrate’s Court must send to the General Division of the High Court or the District Court (as the case may be) a copy of the minute or memorandum of the conviction entered in the register, signed by the Magistrate.[19/2018; 40/2019]
(6) Where a community order has been made by a court in respect of an offender, and it is proved to the satisfaction of the court that the offender has been convicted and dealt with in respect of any offence committed during the period when the community order is in force, the court —(a)
in any case where the community order was made in respect of an offence after the court had imposed and suspended under section 337(6) a sentence of imprisonment for that offence — must revoke the community order; or
(b)
in any other case — may, taking into account the extent to which the offender has complied with the community order, revoke the community order and impose any sentence that is prescribed for the offence in respect of which the community order has been made.[19/2018]
(7) If a Magistrate’s Court has made a community order in respect of an offender, and the offender is convicted before the General Division of the High Court, a District Court or any other Magistrate’s Court of an offence committed during the period when the community order is in force, the General Division of the High Court, District Court or other Magistrate’s Court (as the case may be) —(a)
in any case where the community order was made in respect of an offence after the firstmentioned Magistrate’s Court had imposed and suspended under section 337(6) a sentence of imprisonment for that offence — must revoke the community order; or
(b)
in any other case — may, taking into account the extent to which the offender has complied with the community order, revoke the community order and impose any sentence that is prescribed for the offence in respect of which the community order has been made.[19/2018; 40/2019]
—(1) If it appears to a judge to whom jurisdiction is granted under subsection (3) that an offender has been convicted by any court of one or more offences committed during the period when a community order is in force in respect of the offender, and has been dealt with in respect of that offence or those offences, the judge may fix a hearing date to determine if the offender has been so convicted and dealt with and may issue a summons requiring the offender to appear at the place and time specified therein, or may issue a warrant for the offender’s arrest.
(2) A Magistrate may not issue a warrant under subsection (1) except on information in writing.
(3) The following persons have jurisdiction for the purposes of subsection (1):(a)
if the community order was made by the General Division of the High Court, a Judge;
(b)
if the community order was made by a District Court, a District Judge;
(c)
if the community order was made by a Magistrate’s Court, a Magistrate.[40/2019]
(4) A summons or warrant issued under this section must direct the offender so convicted to appear or be brought before the court which made the community order.
(5) If an offender in respect of whom a community order has been made by the General Division of the High Court or District Court is convicted and dealt with by any Magistrate’s Court in respect of any offence or offences committed during the period when the community order is in force in respect of the offender, the Magistrate’s Court may commit the offender to custody or release him or her on bail or personal bond until he or she can be brought or appears before the court by which the community order has been made; and if he or she does so the Magistrate’s Court must send to the General Division of the High Court or the District Court (as the case may be) a copy of the minute or memorandum of the conviction entered in the register, signed by the Magistrate.[19/2018; 40/2019]
(6) Where a community order has been made by a court in respect of an offender, and it is proved to the satisfaction of the court that the offender has been convicted and dealt with in respect of any offence committed during the period when the community order is in force, the court —(a)
in any case where the community order was made in respect of an offence after the court had imposed and suspended under section 337(6) a sentence of imprisonment for that offence — must revoke the community order; or
(b)
in any other case — may, taking into account the extent to which the offender has complied with the community order, revoke the community order and impose any sentence that is prescribed for the offence in respect of which the community order has been made.[19/2018]
(7) If a Magistrate’s Court has made a community order in respect of an offender, and the offender is convicted before the General Division of the High Court, a District Court or any other Magistrate’s Court of an offence committed during the period when the community order is in force, the General Division of the High Court, District Court or other Magistrate’s Court (as the case may be) —(a)
in any case where the community order was made in respect of an offence after the firstmentioned Magistrate’s Court had imposed and suspended under section 337(6) a sentence of imprisonment for that offence — must revoke the community order; or
(b)
in any other case — may, taking into account the extent to which the offender has complied with the community order, revoke the community order and impose any sentence that is prescribed for the offence in respect of which the community order has been made.[19/2018; 40/2019]
Source: Singapore Statutes Online (Attorney-General's Chambers), © Government of Singapore.
