Offenders (Community Service and Supervision Order) Act


Published: 2000-02-14

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Offenders (Community Service and Supervision Order) Act
OFFENDERS (COMMUNITY SERVICE AND
SUPERVISION ORDER)

[CH.104 – 1



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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

OFFENDERS (COMMUNITY SERVICE AND
SUPERVISION ORDER)

CHAPTER 104

OFFENDERS (COMMUNITY SERVICE AND
SUPERVISION ORDER)

ARRANGEMENT OF SECTIONS

SECTION

1. Short title.
2. Interpretation.
3. Order for discharge of Community Service or Supervision Order.
4. Report of Director.
5. Explanation of order to offender.
6. Community Service Orders.
7. Supervision Orders.
8. Appointment of Officers.
9. Community Service and Supervision Orders.
10. Procedure upon compliance with orders.
11. Breach of Order.
12. Where offender commits an offence before completion of an order.
13. Variation of Orders.
14. Regulations.

FIRST SCHEDULE
SECOND SCHEDULE

OFFENDERS (COMMUNITY SERVICE AND
SUPERVISION ORDER)

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

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.

[Assent 8th November, 1999]
[Commencement 14th February, 2000]

1. This Act may be cited as the Offenders (Commu-
nity Service and Supervision Order) Act, 1999.

2. In this Act —
“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 (Administra-
tion 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 organiza-
tion, or any other person who in the opinion of


45 of 1999

Short title.

Interpretation.

Ch. 97.

Second Schedule.

CH.104 – 4] OFFENDERS (COMMUNITY SERVICE AND
SUPERVISION ORDER)





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

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 —

(a) make an order discharging the offender abso-
lutely 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 Super-
vision 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.

Order for
discharge of
Community
Service or
Supervision
Order.

First Schedule.

OFFENDERS (COMMUNITY SERVICE AND
SUPERVISION ORDER)

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

4. A Court shall not make a Community Service
Order or a Supervision Order under this Act unless the
Court is satisfied —

(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 —

(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 —

(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 —

(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;

Report of
Director.

Explanation of
order to offender.

Community
Service Orders.

Supervision
Orders.

CH.104 – 6] OFFENDERS (COMMUNITY SERVICE AND
SUPERVISION ORDER)





STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(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.

(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 —
(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.

Appointment of
Officers.

Community
Service and
Supervision
Orders.

OFFENDERS (COMMUNITY SERVICE AND
SUPERVISION ORDER)

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

(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 super-

vising 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 —

(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.

(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.

Procedure upon
compliance with
orders.

Ch. 100.

Breach of Order.

CH.104 – 8] OFFENDERS (COMMUNITY SERVICE AND
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STATUTE LAW OF THE BAHAMAS [Original Service 2001]

(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.

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 circum-
stances which have arisen since the making of the order the
interest of justice would be served by so doing.

14. The Minister may make regulations generally for
carrying out the provisions of this Act and for such matters
as are to be prescribed.

Where offender
commits an
offence before
completion of an
order.

Variation of
Orders.

Regulations.

OFFENDERS (COMMUNITY SERVICE AND
SUPERVISION ORDER)

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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 rehabilita-
tion 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

Ch. 84.

Ch. 99.

Ch. 93.

Ch. 100.