(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 2021is convicted is satisfied that it is expedient with a view to his2021the offender’s2021 reformation that he2021the offender2021 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 him2021the offender2021 to perform any unpaid community service under the supervision of a community service officer.
Section history
Section 346 — Community service orders
Consolidated view is experimental and may be broken for certain provisions.
Amendments
(2)A court shall2021must2021 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 she2021 is a suitable person to perform community service under such an order; and
(b)suitable arrangements can be made for him2021the offender2021 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)For2021To2021 the avoidance of2021avoid2021 doubt, a court may make a community service order notwithstanding2021even2021 that2021though2021 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 shall2021must2021 be specified in the order and shall2021must2021 not exceed the prescribed maximum hours of community service which the offender may be required to perform community service 2012under 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 shall2021must2021 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 he2021the offender2021 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 shall 2021be 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 shall2021does2021 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 community development, youth and sports2013the probation of offenders2013 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.