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Criminal Procedure Code (CPC) Chapter 68 Revised Edition 2012 |
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Mandatory Treatment Orders s339 CPC |
Day Reporting Orders s341 CPC< |
Community Work Order s344 CPC |
Community Service Orders s346 CPC |
Reformative Training s305 CPC |
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| 1. Generally, cannot make Community Order s337 for: | ..(a) for which sentence is fixed by law; (b) for which a specified / mandatory min imprisonment or fine or caning is prescribed by law; (d) where a person who has been prev been imprisoned > 3 mths (other than default of payment of fine); (e) prev sentenced to corrective training / preventive detention; (f) prev detained / supervised under s30 (1) Cap 67 Temp Prov Act (g) where person sentenced to drug rehab; (h) which is punishable by fine only; or (i) an offence which is punishable with imprisonment > 3 yrs | ||||||
| 2. Exceptions to General Prohibition may be Made even for: | s337 CPC (2) Offender prev sentenced under s337CPC (d) or admitted under (g) / convicted drug offence, admitted to approved centre / convicted, punished between 3- 7 yrs |
s337 CPC (3)
(a) Offender convicted of fine-only offence or (b) mandatory min fine is prescribed by law s337 CPC (4) Offender convicted > 1 offences sentenced at same proceeding, no community sentence if offences relate to offence where community sentence cannot be made |
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| 3. Combinations Allowed s338 CPC | ** Order can be made for any offence in any Act or Sub Leg tt provides for it | ||||||
| 4. Reasons: Court is satisfied tt the character of offender and nature of offence tt it is expedient to make an order tt will | ..(1) benefit from psy help | ..(1) benefit from day reporting | ..(4) promote a sense of responsibility or acknowledgement of harm done | ..(1) aid reformation and make amends to community for offence | ..(1) Short detention in prison for < 14 d | ..(1) character, prev conduct, circumstances, to reform, prevent crime | s5. (1) rgds to circumstances, nature of offence, character of offender |
| 5. Preconditions |
..(2)
psy
report to be submitted;
..(6)(a) remanded for test <3 wks / (6)(b) attend psy institution for assessment |
..(2) Report by Day Reporting Officer on susceptibility of offender to counseling and rehab |
..(2) Mental and
phy
..(3) Report from Community Service Officer |
..(3) phy, mental conditions, suitability for sentence, nature of rehab recommended |
s5. (3B)
(a) mental, phy condition suitable for com svc in 5th Sch and (b) suitable arrangements for com svc can be made |
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| 6. Conditions |
..(a) suffers from a
psy
con;
..(b) suitable for tmt & ..(c) psy con is a contributing factor to offence |
..(1) offender >16
yrs
..(3) Report in ..(2) not necessary to made Order |
..(3) offender >16 yrs |
..(4) Report in ..(3) not necessary to made Order
..(9) Hours made by MCYS |
..(1) offender >16 yrs |
..(1)
(a) offender between 16 – 21 yrs, or (b) 14-16 yrs where prev sent to juvenile rehab centre |
s5.- (1)
(a) offender between 16 – 21 yrs and (b) not prev convicted of any offence |
| 7. Perform |
psy
tmt
for 36
mths
..(1) details: s340 ..(1A) reside in psy institution for part/whole sentence if required for psy treatment .. (4A) only if recommended by psychiatrist |
..(4)(a) report to a center for > 3 mths and < 12 mths details: s343 ..(5) other conditions if Ct thinks fit |
..(3) Unpaid Community work tt is associated with
that offence
..(6) fixed CWO min and max hours by Act or SL ..(7) other conditions if Ct thinks fit |
..(1) work as specified in the 5th Sch |
..(6)
min period: (a) 6
mths, / (b) 12
mths
..(7) max period: 54 mths ..(5) in accordance with s428 ..(10) sentence runs concurrently with imprisonment |
s5. min period 6 mths, max 3 yrs | |
| 8. Additional | s342 electronic tag | ..(2) Backdating possible under s318 |
..(1) court may impose reform trng in lieu of other
sentence
If reports supporting (3) not present, remand
offender ..(9) expires if (a) another sentence of reform trng imposed / (b) detained under order under s30(1) Criminal Law Temporary Provisions Act cap 67 From Regulations: r12. Supervision Order r13. Recall order on failure to act within (12) lasting: <10 d for each failure, <30 d for 2 / more failures r13 (8) Recall orders cease effect after 54 mths of RTC date |
s5. (3)(a) probation may include requirements on residence / unpaid
community service
s5. (3C) suitability for community service needs to be determined
s5. (3D) no of hrs of community service s5. (3E) in serving 3D, comply with s347 CPC obligations s5. (4) Failure to comply means liability to original offence s5. (6) female probation officer for females s6. (3) <14 yrs, court will not amend probation order unless willingness to comply expressed s7. (1) Breach of probation may lead to summon to Magistrates Court, (2) Penalties for breach: fine < $1,000 / prison < 14 d |
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