PART III | BREACHES AND VARIATION OF COMMUNITY SERVICE ORDERS |
| Breach of community service order |
8.—(1) An offender contravenes the community service order in force against him if he —| (a) | fails, without reasonable excuse to report for community service as required by the community service order or by the Community Service Officer; or | | (b) | fails to comply with any of his obligations as specified in regulation 6(1). |
(2) Where an offender contravenes the community service order in force against him, the Community Service Officer of the offender shall —| (a) | call upon the offender to give an explanation (whether verbally or in writing, as the Community Service Officer thinks fit) for the contravention within such time as the Community Service Officer may specify (which, in any case, shall not be more than 48 hours after the contravention was committed or detected); and | | (b) | make a record of the date and time and nature of the contravention and any explanation given by the offender for the contravention. |
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(3) If the contravention of the community service order does not consist of the commission of an offence and is not, in the opinion of the Community Service Officer, of so serious a nature as to warrant a variation or revocation of the order or to render the community service order ineffectual in the rehabilitation of the offender, the Community Service Officer may, if the offender’s explanation for the contravention is acceptable to him —| (a) | issue a written warning to the offender against any further contravention of the order; and | | (b) | take such measures and give such directions to the offender as may be necessary or expedient to secure the proper compliance with the order by the offender. |
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| (4) An offender who has been issued with a written warning under paragraph (3)(a) shall sign an acknowledgment thereof. |
(5) If —| (a) | the contravention of the community service order consists of the commission of an offence or is, in the opinion of the Community Service Officer, of so serious a nature as to warrant a variation or revocation of the order or to render the community service order ineffectual in the rehabilitation of the offender; or | | (b) | the offender is unable to give a reasonable explanation for his contravention of the order, |
| the Community Service Officer shall lay the necessary information of the contravention before a judge of the Youth Court in order that the offender may be dealt with by the Court under section 44(5) of the Act. |
[S 641/2014 wef 01/10/2014] |
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| Variation and revocation of community service order on grounds other than breach thereof |
9.—(1) Where a community service order is in force in respect of an offender, the Youth Court, on the application of any of the persons referred to in paragraph (2) and upon any of the grounds specified in paragraph (3), may —| (a) | extend in relation to the order the period of 12 months specified in regulation 7(b); | | (b) | reduce the number of hours that the offender is required by the order to spend performing work; | | (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 he could have been dealt with for that offence under section 44 of the Act if the order had not been made; or | | (d) | vary the order or the conditions thereof in such manner as the Court thinks just and expedient in the circumstances. |
[S 641/2014 wef 01/10/2014] (2) An application under paragraph (1) may be made by —| (a) | the offender or his parents or guardian; | | (b) | the Community Service Officer; or | | (c) | the Director‑General. [S 519/2020 wef 01/07/2020] |
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(3) The Youth Court may vary or revoke a community service order under paragraph (1) on any of the following grounds:| (a) | that there has been a change of circumstances since the order was made that would justify the variation or revocation of the order; | | (b) | that it is no longer necessary in the interests of the community or the offender that the order should continue; | | (c) | that no or no more suitable service is available to be performed by the offender for the purpose of the order; | | (d) | that, because of incapacity or for humanitarian or other reasons considered sufficient by the Court, it will be impossible for the offender to perform the service before the order expires, or that it would be unreasonable to require him to do so; or | | (e) | that it is in the best interests of the offender to do so. |
[S 641/2014 wef 01/10/2014] |
| (4) Where the Youth Court proposes to exercise its powers under this regulation otherwise than on the application of the offender, the Court shall summon the offender to appear before the Court and, if he does not appear in answer to the summons, may issue a warrant for his arrest. [S 641/2014 wef 01/10/2014] |
| (5) Where the Youth Court revokes, or extends, or otherwise varies, a community service order, the Court shall forthwith give to the offender and the Community Service Officer a copy of its order revoking, extending or otherwise varying the order. [S 641/2014 wef 01/10/2014] |
| (6) The powers conferred on the Youth Court by this regulation are in addition to (and not in derogation of) the powers conferred on it by section 44(5)(b) of the Act to vary a community service order or any condition thereof. [S 641/2014 wef 01/10/2014] |
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