COMMUNITY SERVICE ORDERS & PROBATION ORDERS

Did you know that incarceration is not the only form of sentencing offenders for deviant behavior in Trinidad & Tobago? In fact, there are other avenues that can be used to reprimand offenders for crimes committed and ensure that they are given the opportunity to be rehabilitated. Two (2) such legislative instruments are the Community Service Orders Act and the Probation of Offenders Act.

Sentencing an offender to community service is at the discretion of the judicial officer. The Court must be satisfied after considering a report by a probation officer about the offender and his circumstances that the offender is a suitable person to perform work under such an order.

The court has the power to sentence persons to community service but there is a Schedule in legislation for which it cannot apply. In other words, if you have been convicted of one of the listed offences in this Schedule you cannot benefit from community service as a form of sentence. Some of the offences which would not qualify for community service are, murder, manslaughter, treason, sedition, possession or use of firearms and ammunition, shooting or wounding with intent, robbery, kidnapping or any sexual offence. 

Anyone over sixteen (16) who is sentenced to twelve (12) months or less, whether imprisonment or a fine, may receive a suspended sentence requiring them to complete unpaid work. This would suspend all or part of the sentence and substitute same with community service. At the end of successful completion of community service, upon application by the offender who has no previous conviction, the Court can declare the record of the current conviction null and void.

An offender would be required to complete no less than forty (40) hours but no more than two hundred (200) hours of unpaid work. These community service orders will only be imposed if the offender consents and generally should be completed during a twelve (12) month period. This order can be amended by application to the Court.

In keeping with the Community Service Regulations, the Chief Probation Officer shall maintain a list of organizations, government departments, groups and other institutions that may be utilized for the purpose of community service. Once the order is made, the offender must report to a probation officer to obtain instructions. The Probation Services Office is assigned the task of monitoring, and upon completion of the order, a report is then submitted to the Court accordingly. Although the Probation Services Office is governed under the Probation of Offenders Act, they play an administrative role relative to Community Service Orders.

If the offender has breached the order, the court can fine, continue or create a new order. The court can also revoke or replace the order, impose a prison sentence, or grant bail based on the circumstances. There is provision for the revocation of orders, but only when it serves the interest of justice.

This Act permits the conditional release of offenders on probation. The Court must consider the offender’s character, their home surroundings, their criminal record as well as the nature of the offence together with any extenuating circumstances. In making such order, the Court must also explain to the offender, the effect of failing to comply with the terms, more particularly that they could be sentenced for the original offence for non-compliance.

Similar to a Community Service Order, a Probation Order places an offender under the supervision of a probation officer who is tasked with monitoring and formulating a report which is submitted to the Court. This order should not be less than one (1) year but not more than three (3) years from the date of the order. The probation officer is required to supervise the offender for the duration of the probation order to ensure that same is satisfied. Pursuant to section 16 of the Act, where the offender is female, a female probation officer must be assigned.

The offender can also be made to pay damages or compensation to any person for loss as the Court deems reasonable. Being placed on probation requires the offender to maintain good behaviour during the probation period, therefore, if the offender commits another offence while on probation, he/she can be summoned by the Court. If not yet convicted, the court may do so, and if convicted, it can pass a sentence and revoke the Probation Order. Similar to Community Service Orders, Probation Orders can be amended by the court, except for the probation period of the original order.

Community Service Orders and Probation Orders are effective tools that can be utilized by both the Summary Court and the High Court for offenders that require rehabilitation and punishment without the need for incarceration. It has proven to be preferable for young offenders that require guidance or for individuals that may not need to be imprisoned. As described above there are several legislative safeguards put in place to ensure that these types of sentencing Orders are used and administered effectively.