1.—(1) In this Act—

F1["Act of 2014" means the Fines (Payment and Recovery) Act 2014;]

F2["assessment report" has the meaning assigned to it by section 3;]

F1["attachment order" has the same meaning as it has in the Act of 2014;]

F2["circuit of residence" has the meaning assigned to it by section 6;]

“community service order” has the meaning assigned to it by section 3;

“court” does not include a Special Criminal Court;

F2["Director of the Probation Service" means the person appointed by the Minister to the post of Director of the Probation Service;]

“district of residence” has the meaning assigned to it by section 6;

F1["fine" has the same meaning as it has in section 2 (amended by subparagraph (iv) of section 20 (b) of the Act of 2014) of the Courts (No. 2) Act 1986;]

“the Minister” means the Minister for Justice;

“offender” has the meaning assigned to it by section 2;

F3[…]

F2["probation officer" means a person appointed by the Minister to be a probation officer;]

F2["Probation Service" means those officers of the Minister assigned to perform functions in the part of the Department of State for which the Minister is responsible commonly known by that name;]

F1["receiver" has the same meaning as it has in the Act of 2014;]

F1["recovery order" has the same meaning as it has in the Act of 2014;]

F4["relevant officer" means a person who has been assigned by the Director of the Probation Service to discharge functions under this Act and includes a probation officer discharging functions under this Act;]

F5[(2) This Act also applies to a person (in this Act also referred to as an "offender") who—

(a) has attained the age of 16 years, and

(b) stands convicted of an offence in respect of which the court has imposed a fine that the offender has failed to pay by the due date for payment.]

F1[(3) In this section "due date for payment", in relation to a fine, has the same meaning as in the Act of 2014.]

2.—F6[(1) ]This Act applies to a person (in this Act referred to as an “offender”) who is of or over the age of 16 years and is convicted of an offence for which, in the opinion of the court, the appropriate sentence would but for this Act be one F7[…] of imprisonment or of detention F8[…] F9[, in any children detention centre designated under section 150 of the Children Act, 2001, or in a children detention school], but does not apply where any such sentence is fixed by law.

F10[(2) This Act also applies to a person (in this Act also referred to as an "offender") who—

(a) has attained the age of 16 years, and

(b) stands convicted of an offence in respect of which the court has imposed a fine that the offender has failed to pay by the due date for payment.

(3) In this section "due date for payment", in relation to a fine, has the same meaning as in the Act of 2014.]

3.—F11[(1) (a) Where a court, by or before which an offender stands convicted, is of opinion that the appropriate sentence in respect of the offence of which the offender is convicted would, but for this Act, be one of imprisonment for a period of 12 months or less, the court shall, as an alternative to that sentence, consider whether to make an order (in this Act referred to as a "community service order") in respect of the offender and the court may, if satisfied, in relation to the offender, that the provisions of section 4 have been complied with, make a community service order in accordance with this section.

(b) Where a court, by or before which an offender stands convicted, is of opinion that the appropriate sentence in respect of the offence of which the offender is convicted would, but for this Act, be one of imprisonment for a period of more than 12 months and, it is satisfied, in relation to the offender, that the provisions of section 4 have been complied with, the court may make a community service order in accordance with this section.]

F12[(1A) Where a court is satisfied that—

(a) at a sitting of the court on the date specified in the notice concerned under section 7 (4) of the Act of 2014—

(i) an offender to whom subsection (2) of section 2 applies has failed to pay the fine imposed by it in relation to the offender by the due date for payment, and

(ii) it would not be appropriate to make a recovery order or attachment order in respect of that offender,

(b) at the sitting of the court on the date specified in the notice concerned under section 11 (2) of the Act of 2014, a receiver has been unable to recover—

(i) the fine imposed by it in relation to an offender to whom subsection (2) of section 2 applies, or

(ii) a sum or sums from the proceeds of the sale of property belonging to that offender sufficient to pay that fine, or

(c) at the sitting of the court on the date specified in the notice concerned under section 16 (3) of the Act of 2014, an attachment order made in respect of the earnings of an offender to whom subsection (2) of section 2 applies has not resulted in the collection of the fine imposed by it in relation to the offender,

and is also satisfied that, in relation to that offender, the provisions of section 4 have been complied with, it may make an order (in this Act also referred to as a "community service order") in accordance with this section.]

F13[(1B) Where in relation to an offender, the court considers that the offender is a person in respect of whom it may be appropriate to make a community service order, it shall request the Probation Service to prepare a report (in this Act referred to as an "assessment report") in respect of the offender.

(1C) An assessment report shall be prepared and furnished to the court within a period of 28 days from receipt of the request referred to in subsection (1B).

(1D) The court may, of its own motion or upon application to it in that behalf by a probation officer, extend the period within which the assessment report is to be furnished if the court is satisfied that there is good reason for doing so and it would be in the interests of justice so to do.]

F14[(2) A community service order shall require the offender to perform, in accordance with this Act, unpaid work for such number of hours as are specified in the order, being—

(a) in the case of an offender to whom subsection (1) of section 2 applies, not less than 40 hours and not greater than 240 hours,

(b) in the case of an offender to whom subsection (2) of section 2 applies who was convicted on indictment of the offence concerned, not less than 40 hours and not greater than 240 hours, and

(c) in the case of an offender to whom subsection (2) of section 2 applies who was convicted summarily of the offence concerned, not less than 30 hours and not greater than 100 hours.]

F13[(2A) Nothing in subsection (1) shall be construed as affecting any power of the court under any rule of law or by or under any enactment to make such orders as the court sees fit providing for an alternative to a sentence of imprisonment in respect of the offender.]

(3) Nothing in this section shall be construed as preventing a court which makes a community service order from making, in relation to the offence in respect of which the order is made, an order under any other enactment for—

(a) the revocation of any licence,

(b) the imposition of any disqualification or endorsement,

(c) the forfeiture, confiscation, seizure, restitution or disposal of any property, or

(d) the payment of compensation, costs or expenses.

F13[(4) In this section "imprisonment" includes detention F15[…] in a children detention school.]

4.—F18[(1) A court shall not make a community service order unless the following conditions have been complied with:

(a) the court is satisfied—

(i) having considered the offender’s circumstances,

(ii) having considered the assessment report prepared by a probation officer pursuant to a request under section 3(1B), and

(iii) where the court thinks it necessary, having heard evidence from such an officer,

that the offender is a suitable person to perform work under such an order and that arrangements can be made for him or her to perform such work;

(b) the offender has consented to the making of such an order.]

(2) Before making a community service order in respect of an offender the court shall explain to him—

(a) the effect of the order and, in particular, the requirements of sections 7 (1) and 7 (2),

(b) the consequences which may follow under sections 7 (4) and 8 if he fails to comply with any of those requirements, and

F18[(c) that under this Act the court may review the order on the application of either the offender or a relevant officer.]

5.—(1) Notwithstanding subsections (2) and (3), where more than one community service order is in force in respect of an offender at any time, the total number of hours which the offender is required to work under such orders shall not exceed 240.

(2) Where a court makes community service orders in respect of two or more offences of which the offender has been convicted by or before the court, the court may direct that the hours of work specified in any of those orders shall be concurrent with or additional to those specified in any other of those orders.

F20[(2A) The hours of work specified in a community service order under subsection (1A) (inserted by section 19 (1)(c)(i) of the Act of 2014) of section 3 shall be additional to any hours of work specified in any other community service order made in respect of the offender.

(2B) The court shall, for the purpose of determining the number of hours of work to specify in a community service order under subsection (1A) of section 3, take account of—

(a) any sum or sums paid by the offender concerned in satisfaction of part of the fine,

(b) any part of the fine, or any sum or sums from the proceeds of the sale of property of the offender sufficient to pay part only of that fine, recovered by a receiver, and

(c) any part of the fine recovered as a result of an attachment order made in respect of the earnings of the offender.]

(3) Where a court makes a community service order and there is in force in respect of the offender at the time of the making of that order another such order (whether made by the same or a different court) the court making the later order may direct in that order that the hours of work specified therein shall be concurrent with or additional to those specified in the earlier order.

F22[6.— (1) A community service order shall, if made by the District Court, specify the district court district (in this Act referred to as the "district of residence") or, if made by the Circuit Court, the circuit (in this Act referred to as the "circuit of residence") in which the offender resides or will reside while performing work under the order.

(2) The court by which a community service order referred to in subsection (1) is made shall cause certified copies of the order to be sent to—

(a) the judge of the District Court assigned to the district of residence, or the judge of the Circuit Court assigned to the circuit of residence, as the case may be, and

(b) the Director of the Probation Service who shall give or cause to be given to the offender a copy of the order.]

7.—(1) An offender in respect of whom a community service order is in force shall—

F23[(a) report to a relevant officer as directed from time to time by or on behalf of the Director of the Probation Service,]

(b) perform satisfactorily for the number of hours specified in the order such work at such times as he may be directed by or on behalf of the relevant officer to whom he is required to report under this subsection or by or on behalf of an officer discharging functions previously discharged by that officer, and

(c) notify the officer to whom he is required to report under this subsection of any change of address.

(2) Subject to section 9, the work to be performed under a community service order shall be performed in the period of one year beginning on the date of the order but, unless revoked, the order shall remain in force until the offender has worked under it for the number of hours specified in it.

(3) Directions given under subsection (1) (b) shall, so far as practicable, avoid any interference with the times the offender normally works or attends a school or other educational or training establishment.

(4) An offender who fails, without reasonable excuse, to comply with a requirement of subsection (1) shall be guilty of an offence and, without prejudice to the continuance in force of the community service order, shall be liable on summary conviction to a fine not exceeding £300.

F23[(5) An offence under subsection (4) may be prosecuted by a probation officer.]

F24[(6) Subsection (4) shall not apply to an offender to whom subsection (2) of section 2 applies.]

8.—(1) Where an offender is convicted of an offence under section 7 (4), the court, in lieu of imposing a fine under that section, may—

(a) if the community service order was made by the District Court in the district of residence, either revoke the order or revoke it 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 if the order had not been made, or

(b) if the community service order was made by the District Court in a district court district other than the district of residence or by another court, remand F26[the offender to a sitting of the District Court in that other district or to a sitting of] that other court to be dealt with in accordance with subsection (2).

(2) Where, by virtue of subsection (1) (b), an offender in respect of whom a community service order is in force is brought or appears before a court, the court shall either revoke the order or revoke it 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 if the order had not been made.

9.—Where a community service order is in force and, on application by the offender or a relevant officer, it appears to the F27[court] that it would be in the interests of justice, having regard to circumstances which have arisen since the order was made, to extend the period of one year specified in section 7 (2), the court may, in relation to the order, extend that period.

F28[10.—(1) Where a community service order is in force and, on application to the court, by the offender or by a relevant officer, the court is satisfied that the offender proposes to change, or has changed, his or her residence from the district of residence or circuit of residence, as the case may be, to another district court district or circuit and, it appears to the court that arrangements can be made in that other district court district or circuit for the offender to perform work under the order, the court may amend the order by substituting the other district court district or circuit, as the case may be, for the district of residence, or circuit of residence, as the case may be, and the district court district or circuit so substituted shall be deemed to be the district of residence or circuit of residence, as the case may be, for the purposes of this Act.

(2) Where a community service order is amended under this section, the court shall cause certified copies of the order as so amended to be sent to—

(a) the judge of the District Court assigned to the district of residence (as so amended) or, as may be appropriate, the judge of the Circuit Court assigned to the circuit of residence (as so amended), and

(b) the Director of the Probation Service who shall give or cause to be given to the offender a copy of the order.]

11.—F29[(1) Where a community service order is in force and, on application by the offender or a probation officer, it appears to the court that it would be in the interests of justice, having regard to circumstances which have arisen since the order was made, that the order should be revoked or that the offender should be dealt with in some other manner for the offence in respect of which the order was made, the court may—

(a) if the order was made by that court, either revoke the order or revoke it and deal with the offender in any manner in which he or she could have been dealt with for that offence if the order had not been made, or

(b) if the order was made by a court in a district court district or circuit, other than the district of residence or circuit of residence, as the case may be, or by another court, remand the offender to a sitting of the District Court in that other district court district or to a sitting of the Circuit Court in that other circuit, as the case may be, or to a sitting of that other court to be dealt with in accordance with subsection (2).]

(2) Where, by virtue of subsection (1) (b), an offender in respect of whom a community service order is in force is brought or appears before a court and it appears to the court to be in the interests of justice, having regard to circumstances which have arisen since the order was made, to revoke the order or to revoke it and deal with the offender for the offence in respect of which the order was made in some other manner in which he could have been dealt with for that offence if the order had not been made, the court may either revoke the order or revoke it and so deal with the offender.

12.—F31[(1) The jurisdiction vested in the Circuit Court by this Act—

(a) in respect of applications under sections 9, 10(1) and 11(1), shall be exercised by the judge for the time being assigned to the circuit of residence, and

(b) in respect of proceedings to which section 8(2) and 11(2) relate shall be exercised by the judge of the circuit where the community service order was made.]

(2) The jurisdiction vested in the District Court by this Act—

(a) in respect of proceedings under section 7 (4), in respect of proceedings to which section 8 (1) relates and in respect of applications under sections 9, 10 (1) and 11 (1), shall be exercised by the justice for the time being assigned to the district of residence, and

(b) in respect of proceedings to which sections 8 (2) and 11 (2) relate, shall be exercised by the justice for the time being assigned to the district court district where the community service order was made.

13.—Where the F32[court] proposes to exercise its powers under section 9, 10 or 11 (1) otherwise than on application by the offender, it shall summon him to appear before the court and, if he does not appear in answer to the summons, may issue a warrant for his arrest.

14.—(1) The Minister may make regulations for the purpose of giving effect to this Act.

(2) Without prejudice to the generality of subsection (1), regulations under this section may—

(a) provide for regulating the performance of work under community service orders,

(b) limit the number of hours of work to be done under such an order on any one day,

(c) make provision regarding the reckoning of time worked under such orders,

(d) make provision for the payment of travelling and other expenses in connection with the performance of work under such orders, and

(e) provide for records to be kept of the work done under such orders.

(3) Regulations made under this section shall be laid before each House of the Oireachtas as soon as may be after they are made and, if a resolution annulling the regulations is passed by either such House within the next twenty-one days on which that House has sat after the regulations are laid before it, the regulations shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

15.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

16.—This Act may be cited as the Criminal Justice (Community Service) Act, 1983, and shall come into operation on such day as the Minister appoints by order.