Community service instead of jail

AS AN alternative to jail or fines, community service should be utilised more often by judicial officers. So say several attorneys who propose that ordering an offender to perform hours of community service is beneficial to that person as it teaches them proper, ethical behaviour and combats overcrowding in jails.

Community service involves unpaid work carried out by the offender. This work may be painting, carpentry, writing, tutoring, landscaping and more, depending on the skills set of the offender. The Community Service Act of 1997 allows for offenders to serve a minimum of 40 hours or a maximum of 240 hours in free labour.

However, there are certain serious offences for which community service is not eligible under the act. They include: murder, manslaughter, possession or use of firearms and ammunition with intent to injure, aggravated assault, robbery, armed robbery, arson, sexual offences, drug trafficking, kidnapping and shooting or wounding with intent to do grievous bodily harm.

Attorneys argue that there are many situations which warrant their clients not to be sentenced or fined, but ordered to perform community service. President of the Assembly of Southern Lawyers Ramesh Deena believes magistrates should consider community service for minor offences.

“Punishment by way of jail is not always feasible for first-time offenders and (community service) is a viable option and should be used more.” He called on attorneys to put forward community service as an option in their mitigation. Deena said the hours ordered by the magistrate or judge depend on the discretion of the judicial officers.

Attorney Fareed Ali said when offenders perform community service as opposed to being imprisoned or fined, they are not likely to offend again. “You spend time doing community service and people resent that time, but they are also giving back to the community.”

“I am of the view that community service should be more utilised by the court. It proves to be more effective in operating on the minds of criminals.” Attorney Shiva Boodoo agreed, saying community service is an excellent alternative and he believes it should be used more by magistrates and judges when minor offences are committed.

“There are people who are first-time offenders and are remorseful for their actions and should not be fined or sentenced to jail." For these people, he said, community service is the best option.

Before a magistrate orders an accused to perform community service, a probation officer must determine if the individual is a suitable candidate. After the person is interviewed by the probation officer, a letter is sent to the magistrate who then orders the number of hours of service.