Cases suitable for community based sentences (CBS) are generally sent to the Community Court for management. These cases include those involving:
In general, CBS cannot be imposed if your case falls within the scenarios set out in Section 337(1) of the Criminal Procedure Code. If you are unsure whether your case qualifies for CBS, you may check with the judge.
CBS were introduced in 2010 to give the courts more sentencing options for minor offences. This means the courts can consider CBS in appropriate cases instead of traditional sentences such as imprisonment or a fine.
If you successfully complete your CBS, the offence of which you were convicted will be removed from your criminal record.
The following CBS can be made by the court:
A mandatory treatment order (MTO) directs an offender suffering from certain treatable psychiatric conditions to undergo treatment for a period of no longer than 36 months.
Before the court can consider an MTO as an appropriate sentence, the judge will call for a report from an appointed psychiatrist at the Institute of Mental Health (IMH).
The Director of Medical Services from the Ministry of Health may appoint any psychiatrist to be an appointed psychiatrist.
You may also appoint your own psychiatrist to make a report. However, this report must be submitted to the court-appointed psychiatrist who will take it into consideration.
The court may make an MTO only if the report states all of the following:
This report made by the appointed psychiatrist will be considered final and conclusive in its findings. You will also be given a copy of the report.
If the court decides that an MTO may be appropriate, the court will then explain the following before making the order:
Legislation associated with this topic includes Section 339 to 340 of the Criminal Procedure Code.
Before the court can consider a DRO as an appropriate sentence, the judge will:
If the court decides that a DRO may be appropriate, the court will then explain the following before making the order:
Legislation associated with this topic includes Section 341 to 343 of the Criminal Procedure Code.
A community work order (CWO) requires the offender to perform community work associated with the offence committed. This work is unpaid and will be supervised by a community work officer.
Legislation associated with this topic includes Section 344 to 345 of the Criminal Procedure Code.
A community service order (CSO) requires offenders to perform unpaid community service under the supervision of an authorised officer.
Before making a CSO, the court will:
Legislation associated with this topic includes Section 344 to 347 of the Criminal Procedure Code.
Before making a SDO, the court will consider:
Legislation associated with this topic includes Section 348 of the Criminal Procedure Code.