Community Service Orders

Link to law: http://rgd.legalaffairs.gov.tt/Laws2/Alphabetical_List/lawspdfs/13.06.pdf

Community
Act
19 of 1997
Amended by
12 of 2011

L.R.O.

Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–4 ..
5–16 ..
17–18 ..

LAWS OF TRINIDAD AND TOBAGO

COMMUNITY SERVICE ORDERS ACT
CHAPTER 13:06

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Index of Subsidiary Legislation
Page

Community Service Regulations (LN 138/2000) … … … … … 14

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L.R.O.

CHAPTER 13:06

COMMUNITY SERVICE ORDERS ACT
ARRANGEMENT OF SECTIONS

SECTION
1. Short title.
2. Interpretation.
3. Community service order in respect of convicted persons.
4. Number of hours of work specified in order.
5. Concurrent and consecutive orders.
6. Consent of offender and probation officer’s report.
7. Magisterial districts specified.
8. Appointment of persons to assist probation officers.
9. Explanation of order to offender.
10. Offender and probation officer to be given copies of order.
11. Obligations of persons subject to order.
12. Work to be performed within twelve months.
13. Breach of requirements of order.
14. Power of Magistrate’s Court where offender fails to comply with

requirements of order.
15. Power of High Court where offender fails to comply with

requirements of order.
16. Fines adjudged to be paid on conviction.
17. Hours of work specified in order made for failure to comply.
18. Conviction for further offences not to be treated as failure to comply

with order.
19. Variation or revocation by High Court.
20. Variation or revocation by Magistrate’s Court.
21. Revocation following custodial sentence.
22. Amendment of order by reason of change of residence.
23. Extension of order.
24. Combination order in respect of offender.
25. Record of completion of community service.
26. Nullification of conviction.
27. Regulations.
28. Schedule amended by Order.

SCHEDULE.

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19 of 1997.

Commencement.
168/1998.

Short title.

Interpretation.
[12 of 2011].

Ch. 13:51.

Community
service order in
respect of
convicted
persons.

CHAPTER 13:06

COMMUNITY SERVICE ORDERS ACT
An Act to make provision for the making of community

service orders in respect of convicted persons; to make
provisions for the making of combination orders; and
for matters incidental thereto.

[1ST JUNE 1998]

1. This Act may be cited as the Community Service
Orders Act.

2. In this Act—
“combination order” means an order made under section 24;
“Court” does not include a Court martial;
“Minister” means the Minister to whom responsibility for

administering community service under this Act is assigned;
“probation officer” means a welfare officer (probation) appointed

under section 18 of the Probation of Offenders Act.

3. (1) Where a person of or over sixteen years of age is
convicted of an offence (in this Act referred to as “the offender”)
and is to be sentenced for a period of imprisonment of twelve
months or less, including a sentence of imprisonment imposed in
default of payment of a fine, the Court by or before which he is
to be sentenced may pass the sentence but may order the
operation of the whole or part of the sentence to be suspended for
a period not exceeding two years and may then make a
community service order requiring him to perform unpaid work
in accordance with the provisions of this Act.
(2) As offence referred to in subsection (1) shall be
construed without regard to any prohibition or restriction
imposed by or under any other enactment on the imprisonment or
detention of young offenders.

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L.R.O.

Schedule.

Number of
hours of work
specified in
order.

Concurrent and
consecutive
orders.

Consent of
offender and
probation
officer’s report.

Magisterial
districts
specified.

Appointment of
persons to assist
probation
officers.
Explanation of
order to
offender.

(3) This Act shall not apply to a person convicted of an offence
or an attempt to commit an offence listed in the Schedule to this Act.
4. The number of hours which a person may be required to
work under a community service order shall be specified in the
order and shall be the aggregate of not less than forty hours and
not more than two hundred and forty hours as may be specified
in the order.
5. Where a Court makes community service orders in
respect of two or more offences of which the offender has been
convicted, the Court may direct that the hours of work specified
in any of those orders shall be concurrent with or in addition to
those specified in any other of those orders, but that the total
number of hours which are to run consecutively shall not exceed
the maximum specified in section 4.
6. A Court shall not make a community service order under
this Act unless the offender consents, and the Court is satisfied—
(a) after considering a report by a probation officer

about the offender and his circumstances and, if
the Court thinks it necessary, hearing the
probation officer, that the offender is a suitable
person to perform work under such an order; and

(b) suitable arrangements can be made for him to
do so.

7. (1) The magisterial district in which the offender resides
or will reside shall be specified in the community service order.
(2) The functions conferred on a probation officer shall
be discharged by the probation officer appointed for or assigned
to the magisterial district specified in the order.
8. The Chief Probation Officer may appoint persons to
assist probation officers in the discharge of duties under this Act.
9. Before making a community service order the Court shall
explain to the offender in ordinary language—
(a) the purpose, effect and requirements of the order;
(b) the consequences which may follow if he fails

to comply with any of the requirements of this
Act; and

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Offender and
probation
officer to be
given copies of
order.

Obligations of
persons subject
to order.

Work to be
performed
within twelve
months.

Breach of
requirements of
order.

(c) that the Court has the power under section 20 to
review the order on the application of either the
probation officer or the offender.

10. (1) The Court upon making a community service order
shall forthwith give copies of the order to the probation officer
and to the offender.
(2) The Court shall, except where it is itself the
Magistrate’s Court acting for the magisterial district specified in
the order, send to the Clerk of the Peace for the magisterial
district specified in the order a copy of the order, together with
such documents and information relating to the case as it
considers likely to be of assistance to the Court of the magisterial
district to which the order has been sent in the exercise of the
Court’s functions in relation to the order.
11. (1) An offender against whom a community service
order is in force shall—
(a) report to a probation officer in accordance with

such instructions as he may be given by the
probation officer and notify the officer of any
change of address; and

(b) perform for the number of hours specified in the
order such work specified in the order at such
times as he may be instructed by the probation
officer.

(2) The instructions given by the probation officer shall,
so far as practicable, be such as to avoid conflict with the offender’s
religious beliefs, and any interference with the times, if any, at
which he normally works or attends an educational institution.
12. Subject to section 23 the work required to be performed
under a community service order shall be performed during the
twelve-month period which shall begin at the date of the order,
however, unless revoked, the order shall remain in force until the
offender has worked for the number of hours specified in it.
13. (1) If at any time while a community service order is in
force against an offender it appears on information provided by
the Chief Probation Officer to a magistrate for the magisterial

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Community Service Orders Chap. 13:06 7

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L.R.O.

Power of
Magistrate’s
Court where
offender fails to
comply with
requirements of
order.

district in which the order was made that the offender has failed
to comply with any of the requirements of the order, the
magistrate may—
(a) issue a summons requiring the offender to

appear at the place and time specified in the
summons; or

(b) if the information is on oath, issue a warrant for
his arrest.

(2) Any summons or warrant issued under this section
shall direct the offender to appear or be brought before the
relevant Court.
14. (1) If it is proved to the satisfaction of the Court before
which an offender appears or is brought under section 13(2) that
he had failed without reasonable excuse to comply with any of the
requirements of the community service order, the Court may—
(a) without prejudice to the continuance of the

order, impose on him a fine not exceeding five
hundred dollars;

(b) without prejudice to the continuance of the
existing order and subject to section 18 make an
additional order against him;

(c) where the order was made by a Magistrate’s
Court, revoke the order and enforce the term of
imprisonment suspended under section 3(1);

(d) where the order was made by the High Court and
the Magistrate’s Court has the power to deal with
the offender under paragraphs (a) and (b), the
Magistrate’s Court may instead commit him to
custody or release him on bail until he can be
brought or appear before the High Court.

(2) Where a Magistrate’s Court deals with an offender’s
case under subsection (1)(d) it shall send to the High Court—
(a) a certificate signed by the magistrate certifying

that the offender has failed to comply with the
requirements of the order and specifying the
manner in which he has failed to do so; and

(b) such other particulars of the case as may be
desirable.

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Power of High
Court where
offender fails to
comply with
requirements of
order.

Fines adjudged
to be paid on
conviction.

Hours of work
specified in
orders made for
failure to
comply.

Conviction for
further offences
not to be treated
as failure to
comply with
order.

(3) A certificate purporting to be signed by a magistrate
under this section shall be admissible before the High Court as
evidence of the failure of the offender to comply with the
requirements of the order without further proof.
15. (1) Where by virtue of section 14(1)(d) an offender is
brought or appears before the High Court and it is proved to the
satisfaction of the Court that he has failed to comply with the
requirements of the community service order, the Court may—
(a) without prejudice to the order, impose on him a

fine not exceeding one thousand dollars;
(b) without prejudice to the continuance of the

existing order and subject to section 16, make an
additional order in respect of him; or

(c) revoke the existing order and enforce the term of
imprisonment suspended under section 3(1).

(2) In proceedings before the High Court under this
section any question as to whether the offender has failed to
comply with the requirements of the order shall be determined by
the Court and not by verdict of a jury.
16. A fine imposed under section 14(1)(a) or 15(1)(a) shall
be deemed for the purposes of any enactment to be a sum
adjudged to be paid on conviction.
17. The number of hours which an offender may be required
to work under a community service order made under section
14(1)(b) or 15(1)(b) shall—
(a) be specified in the order and shall not exceed

sixty in the aggregate; and
(b) be such that the total number of hours under

both orders does not exceed the maximum of
two hundred and forty.

18. Without prejudice to sections 18 and 19 an offender who
is convicted of a further offence while a community service order
is in force with respect to him shall not on that account be liable
to be dealt with under section 14 or 15 as though he had failed to
comply with any of the requirements of the order.

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L.R.O.

Variation or
revocation by
High Court.

Variation or
revocation by
Magistrate’s
Court.

Revocation
following
custodial
sentence.

19. Where an offender in respect of whom a community
service order is in force is either convicted of an offence before
the High Court or who by virtue of section 20(2) is brought or
appears before it and it is in the interest of justice having regard
to the circumstances which have arisen since the making of the
order, the High Court may—
(a) vary or revoke the order; or
(b) 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
him if he had just been convicted by that Court
of that offence.

20. (1) Where there is a community service order against an
offender, either the offender or the probation officer may apply to
the relevant Court to have the order varied or revoked 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.
(2) Upon an application made under subsection (1) the
Court may make such an order as the High Court is empowered
to by section 19 save that where the existing order was made by
the High Court, the Court may commit the offender to custody or
release him on bail until he can be brought or appear before the
High Court.
(3) Where a Magistrate’s Court proposes to exercise its
power under this section upon the application of the probation
officer it shall summon the offender to appear before it and if he
fails to appear in answer to the summons may issue a warrant for
his arrest.
21. (1) Where an offender in respect of whom a community
service order is in force is convicted of an offence before a
Magistrate’s Court other than the Court acting for the magisterial
district in which the order was made and that Court imposes a
custodial sentence, it may, on the application of either the offender
or the probation officer, where it appears to be in the interest of

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Amendment of
order by reason
of change of
residence.

Extension of
order.

justice to do so having regard to any circumstances which have
arisen since the making of the order—
(a) if the order was made by a Magistrates’ Court,

revoke it; or
(b) if the order was made by the High Court,

commit the offender to custody or release him
on bail until he can be brought or appear before
the High Court.

(2) Where by virtue of subsection (1)(b) an offender is
brought or appears before the High Court it may revoke the order
if it appears to be in the interest of justice to do so, having regard
to any circumstances which have arisen since the order was made.
22. (1) A Magistrate’s Court acting for the magisterial
district in which a community service order is made, may, upon
the application of a probation officer amend the order by
substituting another magisterial district for the district specified
in the order, where the Court is satisfied that the offender has
changed or proposes to change his residence from the original
magisterial district to another magisterial district.
(2) No application may be made under subsection (1)
while an appeal against an order is pending.
(3) Where an order is amended under subsection (1), a
copy of the amending order and such documents and information
relating to the case as are considered likely to assist the Court in
respect of its functions relative to the amending order shall be
sent to the Clerk of the Peace for the magisterial district specified
in the amending order.
23. A Magistrate’s Court acting for the magisterial district in
which a community service order has been made may—
(a) on the application of either the offender or the

probation officer;
(b) if it appears to the Court to be in the interest of

justice having regard to circumstances arising
since the original order was made,

extend the twelve-month period for the performance of work as
specified in section 11.

10 Chap. 13:06 Community Service Orders

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Community Service Orders Chap. 13:06 11

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L.R.O.

Combination
order in respect
of offender.

Ch. 13:51.

Record of
completion of
community
service.

24. (1) A Court by or before which an offender is convicted
may make a combination order which requires the offender both—
(a) to be under the supervision of a probation

officer for a period specified in the order, being
not less than twelve months nor more than three
years; and

(b) to perform unpaid work for a number of hours
so specified, being in the aggregate not less than
forty nor more than one hundred.

(2) Before making a combination order in respect of an
offender the Court must be satisfied that the making of that order
is desirable in the interest of—
(a) securing the rehabilitation of the offender; or
(b) protecting the public from him or preventing the

commission by him of further offences.
(3) Subject to subsection (1) the provisions of the
Probation of Offenders Act shall apply in relation to a combination
order in so far as it imposes a requirement as is mentioned in
paragraph (a) of that subsection, as if it were a probation order.
(4) Subject to subsection (1) the provisions of this Act
with respect to a community service order shall apply in respect
of a combination order in so far as it imposes such a requirement
as is mentioned in paragraph (b) of that subsection, as if it were
a community service order.

25. (1) Where the probation officer under whose supervision
the offender is placed, is satisfied that the offender has complied
with the requirements imposed on him pursuant to section 11, the
probation officer shall submit a report to that effect to—
(a) in the case of the High Court, the Registrar; or
(b) in the case of the Magistrate’s Court, the

Magistrate.
(2) Upon receiving the report under subsection (1), the
Registrar or Magistrate as the case may be, shall record that the
requirements of the community service order have been complied
with and shall so notify the offender.

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Nullification of
conviction.

Regulations.

Schedule
amended by
Order.

26. (1) Where an offender who has no previous conviction
receives notification of his fulfilment of the requirements of the
community service order enforced against him, the Court may,
upon application by the offender, make an order declaring the
record of conviction against him null and void.
(2) Subsection (1) shall not apply to an offender in respect
of whom an order under subsection (1) has already been made.
27. (1) The Minister shall subject to the affirmative
resolution of Parliament make Regulations for the performance
of work under a community service order, for arrangements for
a person to perform such work, and for carrying into effect the
provisions of this Act.
(2) Without prejudice to the generality of subsection (1)
the Minister shall also make Regulations to—
(a) limit the number of hours of work to be done by

a person under an order in any one day;
(b) make provision for the calculation of time

worked under an order;
(c) make provision for the payment of travel and

other expenses in connection with the
performance of work under an order;

(d) provide for records to be kept of the work done
by any person under an order; and

(e) provide for the appointment of persons to assist
probation officers in the exercise of duties
under this Act.

28. The Minister may by Order amend the Schedule.

12 Chap. 13:06 Community Service Orders

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Community Service Orders Chap. 13:06 13

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L.R.O.

Section 3.SCHEDULE

OFFENCES FOR WHICH COMMUNITY SERVICE
IS NOT AVAILABLE AS A PENALTY

(i) Murder
(ii) Manslaughter
(iii) Treason
(iv) Sedition
(v) Piracy or hijacking
(vi) Possession or use of firearms and ammunition

with intent to injure
(vii) Aggravated assault
(viii) Possession of imitation firearms in pursuance of

any criminal offence
(ix) Shooting or wounding with intent to do grievous

bodily harm
(x) Robbery
(xi) Robbery with aggravation
(xii) Armed robbery
(xiii) Arson
(xiv) Any sexual offence
(xv) Any drug trafficking offence
(xvi) Kidnapping

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SUBSIDIARY LEGISLATION

COMMUNITY SERVICE REGULATIONS
ARRANGEMENT OF REGULATIONS

REGULATION
1. Citation.
2. Interpretation.
3. Information for offenders.
4. Selection of work.
5. Application for work.
6. Officer to keep records.
7. Recording and reporting of time worked.
8. Only hours worked counted.
9. Maximum hours.
10. Commencement of work.
11. Reporting to work site.
12. Duties regarding health and safety.
13. Supervision of offender who is a woman or girl.
14. Appointment of volunteers.

SCHEDULE.

14 Chap. 13:06 Community Service Orders

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UNOFFICIAL VERSION


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Community Service Orders Chap. 13:06 15

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[Subsidiary]

L.R.O.

138/2000.

Citation.

Interpretation.

Ch. 13:51.

Information for
offenders.

Selection of
work.

Application for
work.

COMMUNITY SERVICE REGULATIONS
made under section 27(1)

1. These Regulations may be cited as the Community
Service Regulations.
2. In these Regulations—
“Act” means the Community Service Orders Act;
“offender” means a person to whom section 3 of the Act applies;
“officer” means a welfare officer (probation) appointed under

section 18 of the Probation of Offenders Act or a person
appointed under section 8 of the Act;

“Order” means a Community Service Order made under section 3
of the Act;

“working day” means any day other than a Saturday, Sunday or
public holiday.

3. An officer shall provide an offender with information
regarding—
(a) the nature of work to be performed under the

Order;
(b) the obligations of the offender under the Order;
(c) action to be taken if the offender fails to comply

with the Order; and
(d) any other matters relevant to the Order.
4. The Chief Probation Officer shall maintain a list of
organisations, groups, government departments or other
institutions which require tasks to be done under an Other and
shall assign offenders accordingly.
5. (1) An organisation, group, government department or
other institution may apply to the Chief Probation Officer for an
offender to be assigned to perform tasks under an Order.
(2) The application under paragraph (1) shall contain
particulars of any aspect of the way in which the applicant conducts
his undertaking as might affect the health and safety of an offender.

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

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Officer to keep
records.

Recording and
reporting of
time worked.
Schedule.

Only hours
worked counted.

Maximum
hours.

Commencement
of work.

Reporting to
work site.

(3) Upon approval of the application under paragraph (1),
the Chief Probation Officer shall inform the applicant of—
(a) the nature of the work to be performed;
(b) the obligations of the applicant;
(c) action to be taken if the offender fails to comply

with the Order; and
(d) any other matters relevant to the Order.
6. An officer shall keep records pertaining to—
(a) the hours worked by the offender; and
(b) the conduct of the offender.
7. (1) Hours worked by an offender shall be recorded by an
officer on the Form provided in the Schedule.
(2) An officer shall provide an offender with a copy of
the record of hours worked and a report of whether the work and
the offender’s conduct was satisfactory.
8. Only hours worked by an offender shall count towards
the satisfaction of the Order.
9. No more than twenty-one but no less than five hours of
work per week shall be required from an offender.
10. (1) An offender shall begin the performance of work
under an Order no later than ten working days following the
imposition of the Order.
(2) Notwithstanding paragraph (1), where an officer
determines that—
(a) suitable tasks cannot be found for the offender;
(b) illness or other exceptional circumstances

prevent the offender from beginning work,
commencement of work may be delayed.

11. (1) An offender shall report to the designated work site
and shall present valid identification and any documentation
provided by an officer.

[Subsidiary] Community Service Regulations
16 Chap. 13:06 Community Service Orders

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UNOFFICIAL VERSION


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Community Service Regulations [Subsidiary]
Community Service Orders Chap. 13:06 17

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L.R.O.

Duties
regarding health
and safety.

Supervision of
offender who is
a woman or girl.
Appointment of
volunteers.

(2) Where an offender is unable to report to the work
site due to illness or other circumstances, he shall immediately
make an officer aware of his inability to report for work.
(3) An offender who fails to report for work due to
illness shall within forty-eight hours provide an officer with a
medical certificate from a registered medical practitioner.

12. (1) It shall be the duty of every officer to furnish an
offender with a copy of any manual or instructions relating to the
health and safety of the offender at the designated work site.
(2) An offender who has not been furnished with the
manual or instructions under paragraph (1) shall be entitled to
request that such manual or instructions be provided to him.
(3) It shall be the duty of every—
(a) offender; and
(b) organisation, group, government department or

institution to which an offender has been assigned,
to adhere to any instructions, provided by the officer, regarding
the health and safety of the offender at the designated work site.

13. Where the offender is a female the officer shall be a female.

14. The Chief Probation Officer may appoint persons to
serve as volunteers to assist officers in the exercise of their duties
under the Act.

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[Subsidiary] Community Service Regulations
18 Chap. 13:06 Community Service Orders

LAWS OF TRINIDAD AND TOBAGO

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....
....
....
....
....
....
....
....
....
....
....
....
....
....
....
.

Ad
dre
ss
....
....
....
....
....
....
....
....
....
....
....
....
....
....
....
....
....
....
....
....



Co
urt
.
....
....
....
....
....
....
....
....
....
....
....
....
....
....
....
....
....
....
....
....
.

Pla
ce
w
he
re
wo
rk
is
to
be
pe
rfo
rm
ed
....
....
....
....
....
....
....
....
....



M
ag
ist
rat
e/J
ud
ge
....
....
....
....
....
....
....
....
....
....
....
....
....
....
....
....
..

Na
tur
e o
f w
ork
to
be
pe
rfo
rm
ed
....
....
....
....
....
....
....
....
....
....
....



Su
pe
rvi
so
r..
....
....
....
....
....
....
....
....
....
....
....
....
....
....
....
....
....
....
..

SC
HE

DU
LE

M
IN
IS
TR
Y
O
F
SO
CI
AL
A

ND
C
OM

M
UN
IT
Y
D
EV
EL
OP
M
EN
T

PR
OB

AT
IO
N
D
IV
IS
IO
N

















C

om
mu

nit
y S

er
vic

e O
rd
er
s A

ct
(C
h.

13
:0
6)

TI
M
E
SH

EE
T

UNOFFICIAL VERSION


UPDATED TO DECEMBER 31ST 2014

MINISTRY OF LEGAL AFFAIRS www.legalaffairs.gov.tt
Read Entire Law on rgd.legalaffairs.gov.tt