CHAPTER
104
OFFENDERS (COMMUNITY SERVICE AND SUPERVISION ORDER) |
ARRANGEMENT OF
SECTIONS |
SECTION |
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Order for discharge of Community Service or
Supervision Order. |
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Explanation of order to offender. |
Community Service Orders. |
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Community Service and Supervision Orders. |
Procedure upon compliance with orders. |
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Where offender commits an offence before
completion of an order. |
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FIRST SCHEDULE. |
SECOND SCHEDULE. |
CHAPTER 104 |
OFFENDERS
(COMMUNITY SERVICE AND SUPERVISION ORDER) |
An Act to
make provision for empowering the Courts to make a Community Service or
Supervision Order in respect of convicted persons and for matters incidental
thereto. | 45 of 1999 |
[Assent 8th
November, 1999]
[Commencement 14th February, 2000] |
1. This Act may be cited as the Offenders (Community
Service and Supervision Order) Act, 1999. | Short title. |
2. In this Act- | Interpretation. |
"Court"
means a Court having jurisdiction to impose a sentence of fine or imprisonment
and includes a Juvenile Court established under section 3 of the
Children and Young Persons (Administration of Justice) Act; |
"Director"
means the Director of Rehabilitative Welfare Services or an officer designated
by the Director; |
"Minister"
means the Minister responsible for Rehabilitative Services; |
"prescribed
organization" means the organizations as specified in the
Second Schedule as amended from time to time by order of the Minister; |
"public
places" includes beaches, roads, drains, cemeteries, parks, gardens and
playgrounds to which the public are permitted to have access with or without
payments; |
"officer"
includes a social welfare officer, a Probation officer, a police officer, a
Justice of the Peace, a Minister of Religion, the head of a government
department or such officer as may be designated by him, a Principal, an
Education officer, the Chief Executive Officer of a prescribed organization, or
any other person who in the opinion of the Court is a proper person to
undertake the responsibility of supervising and directing the offender. |
3. (1) Subject to subsection (3), a Court, if it is of
the opinion that it is not expedient to impose a fine or a sentence of
imprisonment notwithstanding that it finds the charge against the offender is
proved may- | Order for discharge of Community Service or
Supervision Order. |
(a) make an
order discharging the offender absolutely or conditionally; or |
(b) in lieu of,
or in addition to imposing any penalty which it is competent to impose, make- |
(i) a
Community Service Order requiring him to perform unpaid work (hereinafter
referred to as a "Community Service Order"); or |
(ii) an
order requiring supervision in accordance with the provisions of this Act
(hereinafter referred to as a "Supervision Order"); or |
(iii) a
Community Service Order and a Supervision Order. |
(2) Where the
Court imposes a Community Service Order or a Supervision Order in addition to a
sentence of imprisonment, that Community Service Order or Supervision Order
shall take effect immediately upon the expiration of the sentence of
imprisonment. |
(3) A Community
Service Order or a Supervision Order may be imposed only if- |
(a) at the time
of commission of the offence the offender has attained the age of 16 years in
the case of a Community Service Order and 10 years in the case of a Supervision
Order; and |
(b) the offence
committed was not one referred to in the First Schedule. |
(4) A Community
Service Order or a Supervision Order shall be for a maximum period of one year. |
(5) The number of
hours which a person may be required to work under a Community Service Order
shall not exceed forty two and one half hours in any week. |
4. A Court shall not make a Community Service Order or
a Supervision Order under this Act unless the Court is satisfied- | Report of Director. |
(a) after
considering a report by the Director about the offender and his circumstances
and, if the Court thinks it necessary, hearing a probation officer that the
offender is a suitable person to perform work under such an order; and |
(b) that
suitable arrangements can be made for the offender to do so. |
5. Before making a Community Service Order or a
Supervision Order, the Court shall explain to the offender in ordinary
language- | Explanation of order to offender. |
(a) the
purpose, effect and requirements of the order; and |
(b) the
consequences which may follow if he fails to comply with any of the
requirements of the order. |
6. Where a Court makes a Community Service Order, the
Director shall assign suitable work of the following categories to be performed
by the offender- | Community Service Orders. |
(a) work on
premises or a building owned or maintained by the Government; |
(b) work on
premises or a building owned or maintained by a prescribed organization; or |
(c) work in a
public place and in relation to a public project. |
7. Where a Court makes a Supervision Order, that order
may include provision for- | Supervision Orders. |
(a) the
compulsory attendance of the offender at school or for vocational training at
The Bahamas Vocational and Technical Institute or such other place of learning
as specified in the said order; |
(b) the
attendance of the offender at a place for moral, ethical and religious
instructions; |
(c) the
imposition of a curfew on the offender at times and places as specified in the
said order; |
(d) the
obtaining of medical or psychiatric treatment by the offender; |
(e) the
compulsory participation by the offender in sporting and other social
activities; |
(f) the making
of restitution or the payment of such compensation by the offender to the
victim of the crime as the Court thinks reasonable; |
(g) the
discharge of the offender on the condition that the offender continues to work
or attend school under the supervision of a responsible officer; |
(h) the
confinement of the offender to that offender's dwelling house during such hours
as may be prescribed in the said order; or |
(i) such order
which in the opinion of the Court is suitable and appropriate in all the
circumstances. |
8. (1) Every offender to whom an order of community
service or supervision is imposed, shall be placed under the supervision of the
Director. | Appointment of Officers. |
(2) The Director
may appoint one or more officers to undertake the responsibility of supervising
and directing the offender. |
(3) The officer
shall in order to ensure the satisfactory performance of a Community Service
Order or a Supervision Order, give such necessary instructions to the offender
as shall, as far as practicable avoid any conflict with the religious beliefs
of the offender and any interference with the times, during which he normally
works or attends an educational establishment. |
(4) The officer
shall at the completion of the offender's sentence of Community Service or
Supervision, or at such earlier time that the Court may direct, make a report
in writing to the Director in respect of the sentence of Community Service or
Supervision served by the offender. |
9. (1) A Community Service Order shall state- | Community Service and Supervision Orders. |
(a) the name of
the offender; |
(b) the number
of hours to be performed as Community Service; |
(c) the tasks
to be performed and the hours during which, the days when and the places where,
the tasks are to be performed; and |
(d) the name of
the officer supervising the offender. |
(2) A Court may
make a Community Service Order or a Supervision Order in respect of two or more
offences for which the offender may be sentenced by the Court and the hours of
work specified in any of those orders may be concurrent with or additional to
those specified in any other of those orders but so that the total number of hours
which are not concurrent shall not exceed the maximum number of hours specified
in subsection (5) of section 3. |
(3) A Supervision
Order shall state- |
(a) the name of
the offender; |
(b) the length
of time to be spent under supervision by the offender; |
(c) the terms
and conditions of the supervision; and |
(d) the name of
the officer responsible for supervising the offender. |
10. (1) Where an offender has complied with the terms
of a Community Service Order or a Supervision Order, the Director shall so
inform the Court in writing and the Court shall- | Procedure upon compliance with orders. |
(a) discharge
the Community Service Order or the Supervision Order; and |
(b) treat the
offender as a rehabilitated person as defined in the Rehabilitation of Offenders Act, 1991. |
(2) A Community
Service Order or a Supervision Order may be discharged without the offender
being summoned to appear before the Court. |
11. (1) Where a Community Service Order or a
Supervision Order is made against an offender who has not attained the age of
eighteen years, the Court may order the parent or guardian of that offender to
enter into a recognisance to pay the Court a sum not exceeding one thousand dollars
in the event of a breach of the order by the offender. | Breach of Order. |
(2)
Notwithstanding subsection (1), the Court may in addition order the parent or
guardian to pay such damages for injury or compensation for loss not exceeding
one thousand five hundred dollars. |
(3) If at any time
while a Community Service Order or a Supervision Order is in force against an
offender it appears on information provided by the Director that the offender
has failed to comply with any of the requirements of the order, the Court may issue
a summons requiring the offender to appear at the place and time specified in
the summons. |
(4) If it is
proved to the satisfaction of the Court that the offender has failed without
reasonable excuse to comply with any of the requirements of the Community
Service Order or the Supervision Order, the Court may- |
(a) without
prejudice to the continuance of the existing order, impose on the offender a
fine not exceeding five hundred dollars; |
(b) without
prejudice to the continuance of the existing order, make an additional order
against the offender; or |
(c) revoke the
order and deal with the offender for the offence in respect of which the order
was made, in any manner in which it could deal with the offender if he had just
been convicted by the Court of the offence. |
12. Where before the completion of a Community Service
Order or a Supervision Order an offender commits and is found guilty of another
offence, the Director shall so inform the Court in writing whereupon the Court
may proceed in respect of the offence which gave rise to the Community Service
Order or the Supervision Order as if the offender had wilfully breached that
order. | Where offender commits an offence before completion of
an order. |
13. Where there is a Community Service Order or a
Supervision Order against an offender, either the offender or the Director may
apply to the Court to have the Order varied on the ground that having regard to
the circumstances which have arisen since the making of the order the interest
of justice would be served by so doing. | Variation of Orders. |
14. The Minister may make regulations generally for
carrying out the provisions of this Act and for such matters as are to be
prescribed. | Regulations. |
FIRST SCHEDULE (Section 3(3)(b)) |
Any assault
offences under Title XVIII of the Penal Code. |
Any offences under
the Sexual
Offences and Domestic Violence Act, 1991. |
Any kidnapping or
child-stealing offence under Title XIX of the Penal Code. |
Any offence of
homicide under Title XX of the Penal Code. |
Any drug
trafficking offence within the meaning ascribed to that expression by section 3
of the
Proceeds of Crime Act. |
Any offence which,
by virtue of subsection (1) of section 4 of the Rehabilitation of Offenders
Act, 1991 is excluded from rehabilitation under that Act. |
Any offence
committed by an offender who, at the time of the commission of the offence, was
in loco parentis in respect of the victim of the offence. |
SECOND SCHEDULE |
The Bahamas Red
Cross |
The Salvation Army |
Children's
Emergency Hostel |
Persil Rodgers
Home for the Aged |
Unity House |
The Ranfurly Home |
Elizabeth Estates
Children's Home |
Morris House |
Tynes House |
Yellow Elder
Senior Citizen Centre |
Bilney Lane
Children's Home |
Columbus House
(Freeport) |
The Children's
Home (Freeport) |
Bahamas National
Trust |