Chapter 11:02 - Extra-Mural Work

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L.R.O. 1/2012
LAWS OF GUYANA
EXTRA-MURAL WORK ACT
CHAPTER 11:02
Act
51 of 1955
Amended by
22 of 1998

Current Authorised Pages
Pages
(inclusive)
Authorised
by L.R.O.
1 – 10 ... 1/2012
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Note
on
Subsidiary Legislation
Page
Extra-Mural Work Regulations 10
(Reg. 8/1998)

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CHAPTER 11:02
EXTRA-MURAL WORK ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Extra-mural work order.
4. Offender to report to the Commissioner of Police.
5. Injury to offender while employed on public work.
6. Breach of requirement of extra-mural order.
7. Regulations.
8. Orders.
_____________________________________________________________________________
51 of 1955
An Act to provide a system whereby offenders guilty of
minor offences may be made to perform extra-mural
work instead of serving terms of imprisonment.
[3RD DECEMBER 1955]
Short title.

Interpretation.
1. This Act may be cited as the Extra-Mural Work Act.
2. In this Act—
“Commissioner” means the Commissioner of Police;
“Courts” means the High Court or a Magistrate’s Court, as
the case may require;
“extra-mural work order” means an order made under
section 3;
“offender” means a person in respect of whom an extra-mural
order is for the time being in force;

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Extra-mural
work order.
“public work” means work prescribed by Regulations made
under this Act.
3. (1) Where a person—
(a) has been convicted of an offence for
which he is liable to be sentenced to
imprisonment; or
(b) is liable to be committed to prison for
failure to pay a fine or debt,
and the Court is of opinion that, if this Act had not been
passed, he would have been adequately punished by
imprisonment for a period not exceeding six months, but that,
having regard to his character, the nature and seriousness of
the offence or the circumstances of his failure to pay (as the
case may be) and all other circumstances of the case, it is
inexpedient so to sentence or to commit him, notwithstanding
any provisions contained in any other Act, the Court may in
lieu thereof and subject to and in accordance with this Act,
make an order requiring him to be employed on public work
for such period not exceeding six months and for such
number of hours each day (excluding public holidays) as are
specified in the order.
(2) Where the Court has reason to doubt whether
any such person is physically fit for employment on public
work, the Court—
(a) may cause him to be medically
examined;
(b) shall not make an extra-mural work
order unless it is shown to the
satisfaction of the Court that he is so
fit; and
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Offender to
report to the
Commissioner
of Police.

(c) shall specify in the extra-mural work
order if such an order is made, any
public work for which the Court is not
satisfied he is physically fit.
(3) The number of hours each day during which
the offender shall be required to be employed under the last
preceding subsection shall not exceed three, exclusive of any
intervals prescribed for meals, refreshment or rest and shall, if
the offender is gainfully occupied in employment, occupy
only that part of the offender’s time which would represent
leisure hours.
(4) The Court shall before making an extra-mural
work order, explain to the person concerned in ordinary
language the effect of the order and the effect of failure to
comply therewith and shall not make the order unless he
expresses his willingness to comply with the requirements
thereof.
4. (1) Subject to any regulations made under this Act
and the terms of the extra-mural work order, an offender
shall, during the period of the extra-mural work order, report
daily at such times and places as the Commissioner may
specify, to the Commissioner or any other member of the
Police Force appointed by him for that purpose.
(2) An offender shall each day be employed on a
daily task, set by the person to whom, under the preceding
subsection, he is required to report, which shall be such as
can, in the opinion of that person, be completed by the
offender, having regard to his physical capacity, during the
number of hours specified in the order.
(3) If an offender is gainfully occupied in
employment, the time at which he is ordered to report daily
under subsection (1) shall be such as not to interfere with such
employment.
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Injury to
offender while
employed on
public work.

Breach of
requirement of
extra-mural
order.

5. If an offender is injured by an accident arising out
of and in the course of his employment on public work while
he is so employed by virtue of an extra-mural work order, he
shall be entitled to receive such free medical and hospital
treatment and such compensation (if any) as may be
prescribed.
6. (1) If any offender, without reasonable cause—
(a) fails on any day to report in
accordance with section 4(1); or
(b) fails to perform the task set out on any
day under section 4(2); or
(c) in any way misconducts himself
during the time when he is, or should
be employed on such task; or
(d) without permission granted in such
circumstances, by such persons and
subject to such conditions as may be
prescribed, absents himself from any
place at which he should perform
such task; or
(e) fails in any other way to comply with
any of the requirements of the extra-
mural work order or the provision of
any regulations made under this Act,
the Commissioner may make a report to the Court, and the
Court may cause the offender to be brought before it and shall
inquire into the facts alleged.
(2) If on any such inquiry the Court is satisfied as
to the truth of any such allegations, the Court may—
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Regulations.

(a) order that the offender forfeit any
prescribed remission of the period of
the extra-mural work order which he
may have earned; or
(b) pass any sentence or make any order
(including an extra-mural work order)
which the Court could pass or make if
the offender were then convicted of
the offence in respect of which the
original extra-mural work order was
made, due allowance being made for
the number of days on which he has
completed his daily task, or may
admonish the offender without
passing any sentence or making any
further order.
(3) In this section “the Court” means, if the
offender was convicted in the High Court, the High Court, or
if he was convicted in a Magistrate’s Court, any Magistrate’s
Court having jurisdiction in the area in which the offender
resides.
7. The Minister may make regulations—
(a) prescribing and regulating for the
purposes of this Act the functions of
the Commissioner or any other
member of the Police Force appointed
by him;
(b) regulating the supervision of
offenders by the Commissioner or by
any other member of the Police Force
appointed by him;
(c) prescribing the nature of the work
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which is to be regarded as public
work for the purposes of this Act;
(d) providing for the medical
examination of persons for the
purpose of section 3(2), and of
offenders;
(e) regulating the employment of
offenders on public work, regard
being had amongst other things, to
any entry made in an extra-mural
work order in pursuance of section
3(2)(c);
(f) providing for the issue of free food to
offenders so far as appears to the
Minister to be necessary;
(g) providing in the case of an offender
with respect to whom an extra-mural
work order has been made for non-
payment of a debt, for crediting him
with wages in respect of public work
performed by him under this Act, and
for the application of sums so credited
in or towards the payment of such
debt;
(h) providing for the remission of parts of
periods specified in extra-mural work
order;
(i) providing for any other matter to be
prescribed under this Act;
(j) generally for carrying the provisions
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Orders.
[22 of 1998]
of this Act into effect.
8. The Minister may by order prescribe—
(a) the classes of offenders that may be
excluded; and
(b) the areas of Guyana to which this Act
shall not apply.
and subject to any order that may be made under paragraph
(a) or (b) the provisions of this Act shall apply to all offenders
under section 3 and to the whole of Guyana.
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SUBSIDIARY LEGISLATION
_________________
Reg. 8/1998 EXTRA-MURAL WORK REGULATIONS
made under section 7
Citation. 1. These Regulations may be cited as the Extra-Mural
Work Regulations 1998.
Definition of
“public work”. 2. “Public Work” includes any work—
(i) on State or Government land or any
other property belonging to, or rented
or leased to, the State; or
(ii) with the permission of a local
government authority, on any land or
any other property belonging to, or
rented or leased to, the local
government authority.
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