The passage discusses the Penal Reform Alternative Sentences Act 2001, which aims to give courts more options than imprisonment for dealing with young offenders. It establishes the Community Rehabilitation Department to assist courts and rehabilitate young people. The act allows courts to issue discharges, suspended sentences, community service orders, fines, or imprisonment. When determining a sentence, courts consider factors like the offense details and a pre-sentencing report. The Community Rehabilitation Department supervises sentences and offers counseling.

3. PENAL SYSTEM REFORM
ALTERNATIVE SENTENCES ACT
2001
The Penal Reform Alternative Sentences Act is a law that was passed with
young offenders in mind. Before the passage of this law, those working
with young people who committed crimes felt that the Courts were limited
in what they could legally and appropriately do to help young offenders to
be responsible for the mistake they had made and get there lives back on
track. In many cases the only thing that the Court could do was to send a
young offender to jail.
The Penal Reform Alternative Sentences Act was passed to give the Courts
the authority to find more positive ways to deal with a young offender,
other than sending him/her to jail. It also establishes a government de-
partment, the Community Rehabilitation Department, to assist the Court
in its work and to help young people in many other ways.
Although the Act or law can also be used with adults who
commit non-violent crimes, its focus is young people un-
der the age of eighteen years who have committed
crimes or offensces.
What is this Act about? It is about:
• The different penalties (punishment), which a criminal
Court can sentence you to, if you are found guilty of
certain offences.
• The information the Court considers in deciding
what penalty it should sentence you with.
• How these penalties are to be carried out
once the Court passes its sentence.
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4. Offences that apply to this Act
An offence is something that is done that is against the law. The offences
that apply to this act are:
1. Theft by a first offender of less than $500
2. Provocation to fight
3. A first offence involving smoking or using cocaine or marijuana
4. Failure to pay maintenance
5. Any first offence in Part II of the Summary Jurisdiction (Offences)
Act. These include disorderly conduct, drunkenness, and trespassing.
P OWERS O F T HE C RIMINAL C OURT
Q : What penalties can I be sentenced to?
A penalty is a punishment for a crime or offence. The Court will review your
case and can order ANY of the following penalties:
1 . Absolute Discharge
In this case, the Court does not order any penalty for the offence. You are
free to go, as if you were never convicted. This does not appear on your
criminal record.
Remember: The Court does not have to order an abso-
lute discharge, but does so if it believes such action is
best considering all of the circumstances.
2. Conditional Discharge
No penalty is ordered for the offence com-
mitted. This will not appear on your criminal
record. BUT if another offence is commit-
ted within three years or less, THEN the
Court can sentence you for both offences,
2

5. that is, the first offence for which you were given conditional discharge and
the new offence.
3 . Suspended Prison Sentence
The Court orders a term of imprisonment for the offence committed, BUT
orders that you do not actually have to go to prison at that time. HOWEVER
HOWEVER,
if another offence is committed, one for which you could be sent to prison
for six months or more, THEN the Court may order you to go to prison,
THEN,
either for the full term of the suspended sentence or for lesser time. A
suspended sentence DOES appear on your criminal record.
4 . Community Service Order
Instead of going to prison, the Court may order you to do some kind of work
or service to help the community. The Court will decide how long you have
to do this work. A community service order can be made IN ADDITION to
any other sentence given by the Court. KNOW that you, the young offender,
KNOW
MUST agree to a community service order before the Court can order it.
MUST
5 . Fines
Here, you are ordered to pay a sum of money to the Court, instead of going
to prison.
6 . Imprisonment (Custodial Sentence)
Sending you to prison is the last thing that the Court wants
to do. Therefore, if the Court does send you to jail, it is be-
cause the Court feels that it is the best penalty, consider-
ing the circumstances of your case.
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6. H OW T HE C OURT M AKES
I TS D ECISION
The main consideration of the Court, when deciding what sentence to give
you, the young offender, is that “the seriousness of the punishment must
the must
match offence.”
match the seriousness of the of fence
The aim of sentencing is to rehabilitate you, the young offender. Rehabili-
tation means you are assisted in changing your behavior so that you are
better able to participate in society.
When the Court is in the process of deciding what sentence to impose on
you it must consider the following:
• Any information that the Court has on you, the offender,
such as your background, obligations, record of past convic-
tions, etc.
• Information regarding the offence committed, as well as
the way in which the offence was committed
• Information about the victim, if relevant
• Description of the work it is proposed you do, if you
are given a community service order
• In cases where the Court is considering
a community service order or a custodial
sentence, the Court MUST obtain a Pre-Sen-
tencing report from the Community Reha-
bilitation Department, so that it can have
the necessary information with which to
form an opinion about your sentence.
4

7. COMMUNITY REHABILITATION
DEPARTMENT
The Community Rehabilitation Department directly assists the Court in
carrying out the task of sentencing persons convicted of criminal offences
under the Penal Reform Alternative Sentencing Act 2001. The officers of
this Department are called Community Rehabilitation Officers.
The following are some of the roles of the Department which may directly
affect you:
• Prepare pre and post-sentencing reports about you, for the Court
• Supervise you when you are sentenced to a community service order
• Supervise you when you are put on probation
• Offers counseling to you if the Court orders you to undergo
counseling
• Offer counseling to your parents, if you are under 18
years of age, and the Court orders your parents
undergo counseling
• Report to the Court if you do not obey
the terms and conditions of the com-
munity service order.
• Explain the terms and conditions of
your sentence to you so that you
will have a clear understanding
of your sentence.
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8. F REQUENTLY A SKED Q UESTIONS
Absolute and Conditional Discharge
Q : What does the Court do before it sentences you to a
discharge?
A: Before ordering a discharge, the Court must first review the facts of your
case.
The Court may ask for a PRE-SENTENCING REPORT, prepared by a Com-
REPORT
munity Rehabilitation Officer. The report usually includes:
• Information about the offence committed and how it was
committed
• Your character and your plans to change the behavior
which brought you before the Court
• Results of the interview with you and your parents, if
you are under 18 years of age
• Interview with any victims of the offence you
have committed
• And any other relevant information regard-
ing the circumstances of your case
After the Court has reviewed ALL the infor-
mation presented and it believes that it would
make no practical sense to send you to
prison, THEN a discharge can be ordered.
THEN,
you
Q: What happens if you commit
off
another offence while on conditional
discharge?
discharge?
A: The Court can sentence you for both offences,
namely, the offence for which you are on conditional
6

9. discharge, AND the new offence you committed. YOU WILL HAVE TO SERVE
HAVE TO SERVE
BOTH SENTENCES.
BOTH
Sentence
Suspended Sentence
Court
Q: What does the Court do when ordering a suspended
sentence?
sentence?
A: The Court must first consider ALL the circumstances of your case. A
Suspended Sentence is ordered when the Court believes that if it did not
have the power to order a suspended sentence, it would have to send you
to prison.
When a Suspended Sentence is ordered, the Court explains that IF you
commit another offence, for which you could be sent to prison for six months
or more, THEN you may be ordered to serve EITHER the full term of the
suspended sentence, OR a lesser time.
you given sentence for
Q: What happens if you are given a suspended sentence for
off term for off
one offence AND a prison term for another offence, at the
same time?
A: The Court will order you to serve both sentences at the same time.
Fines
Court tak into
ake before
Q: What does the Court take into account before it
makes you pay
makes you pay a fine?
A: The Court may take your
financial means into
account, so far
as they are
known to the
Court AND any
other informa-
tion which it
might find
helpful.
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10. Custodial Sentence
Q : What kind of information can the Court take into
consideration?
A: The Court can use all available information about the circumstances of
the offence, including aggravating and mitigating factors.
Aggravating factors are things which make the offence committed worse,
ggrav factors
actor
such as excessive violence, actions caused by racism or the use of a
weapon.
Mitigating factors are things which serve to partly explain or excuse the
factors
actor
commission of the offence, such as an urgent need for self defense, the
urgent need to defend another person and non-violence.
The Court can also consider the Pre-Sentencing Report prepared by the
Community Rehabilitation Officer. This report usually in-
cludes information on you and your plans to change the
behavior which brought you before the Court in the first
place, the results of interviews with you and/or your
parents (if you are less than 18 years), and inter-
views with the victim(s) of the crime, and any
other relevant information.
Service
Community Service Order
may Court make
Q: When may the Court make a
service
community service order?
A:
• The Court can make a community
service order once you have been con-
victed of an offence which qualifies for
such an order. (See list of offences in the first
part of this guide).
• The Court must ask you whether or not you agree
to the order
8

11. • The Court will also consider the Pre-Sentencing Report which should
include information about you, and description of the work it is pro-
posed that you do.
• The Court must also be convinced that you are a suitable person to
perform the work under the community service order, and that arrange-
ments have been made for you to do the work and be supervised.
factors
actor Court tak into
ake
Q: What other factors can the Court take into account when
service
making a community service order?
A: The Court will consider your religious beliefs; the times you normally
work or attend an educational institution. The Court will also ensure that
you are required to work within your district, preferably within your com-
munity.
Q: What must the Court explain before making a community
must Court explain before
service
service order?
A:
• The Court must explain, in clear language, what happens if you com-
mit another offence while serving a community service order.
• What happens if you do not obey any of the conditions, requirements
or responsibilities under this order
• The Court also has the power to review the order upon applica-
tion by yourself or the Community Rehabilitation Department.
How service last
Q: How long will a community service order last and
how many hours
how many hours a
day you
day can you be
to wor
ork?
ordered to work?
A: A community ser-
vice order will last:
• For not more
than 12 months
9

12. • Until you have performed the work required under the order and have
completed the number of hours required.
• If the order is extended, it will last until the extension expires
• You are not to work for more than eight hours per day, on Saturday or
Sunday or on public and bank holidays.
you off serving
Q: What happens if you commit another offence while serving
service
a community service order?
A: The Court dealing with the new offence will sentence you for that of-
fence and MAY sentence you for the first offence as well. This means that
the community service order, which you are serving, can be changed into
a more serious sentence.
Q: What happens if you do not obey any of the
Q:What you obey any
requirements, conditions or responsibilities under the
order?
A: You will be summoned to appear in Court. If
the Court finds that you have no reasonable ex-
cuse for not obeying, the Court may:
• Impose a fine of up to $2000 and order
you to continue the work under the community
service order;
• Cancel the community service order and
give you another sentence.
must you
Q: What must you do under
community service order?
service
A:
• Adequately perform the work stated
in the order and for the number of
hours specified;
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13. • Obey any requirements or conditions stated in the order
• Obey any reasonable requests or instruction of the Community Rehabili-
tation Officer supervising you
• Immediately notify the Community Rehabilitation Officer supervising you
of any change of address.
Q : What kind of work can a community service entail?
A: The type of work you would be asked to do includes working at hospitals,
charitable organizations (like the Red Cross), cultural institutions (like NICH),
or any institution or organization for the elderly, sick or persons with
disabilities. You may also be asked to work on land for which
the government is responsible.
Q : Can your community service order be
ext
xtended,
cancelled, extended, or the type of
ork changed?
work changed?
A: Yes, all of the above, under the following circum-
stances:
• If your circumstances change and the work or
hours are no longer suitable
• No more suitable work can be found
• If you become unable to perform the work
ordered, for example: through illness
• Upon application to the Court by your-
self, or by the Community Rehabilitation
Officer
The Court makes the final decision as to
which changes will be made to the order.
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14. T HE W AY F ORWARD
Coming in conflict with the law can be very challenging. It is hoped that this
booklet has given you enough information so you will know what to expect
when dealing with the Court. As you are now aware, the Community Reha-
bilitation Department is there to support and guide you along the way.
Keep in mind that other young people, like you, have come in conflict with
the law. But with the help of the Community Rehabilitation Department,
they have served their sentences and are now working toward a positive
future for themselves.
Take for example a young man by the name of Eddy Sanchez. After serving
his sentence, he decided to turn his life around. Eddy, now 16 years old, is
in high school and is proud of his good grades. He a
member of the marine cadet corps and also vol-
unteers his time by helping to clean up his
community. Eddie’s advice to other young
offenders is to stay strong and be positive.
He advises youths to stay in school so that
they can get a good job later on in life.
The Community Rehabilitation De-
partment is very proud of Eddy,
and if he can do it, so can you!
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