What should I do if……………..??

The following questions cover some of the situations that are most likely to arise.

What should I do if the offender fails to turn up on Day One?

First of all see if you can find the offender. You may know where he is staying or be in contact with a member of his family or household. If you cannot find him you must let the Community Service Officer, police or Magistrate know as soon as possible.

The offender did start work but has now stopped attending.

You must let the Community Service Officer know and also see if you can find out why the offender has stopped coming. If you find him/her or he/she turns up at work, find out the reason why they have not worked. If this excuse is reasonable the offender may be given one final chance and the order may continue but the lost time must be made up. If the excuse is not reasonable or if the offender has not made contact within three days, you must inform the CS Officer or the court direct.

The offender frequently turns up late

You must not allow a pattern of lateness to continue. Challenge the offender and warn him that this misconduct could lead to him being returned to court.

The offender turns up for work but states that he is too sick to work

You have to exercise your own judgment as to how sick he really is but if you allow time off then this has to be worked at a later period. If the offender is away for three days or more he must produce a medical document supporting his reasons for not working. Sometimes it is someone else who reports the sickness on behalf of the offender. When this happens let the Community Service Officer know.

The offender turns up for work but is incapable to work because of drinking or drugs.

In this situation it will normally not be safe for the offender to work. He should be sent home and told that he will have to make up the time at a later stage. When he next turns up for work he must be warned that if he repeats this behavior the matter will be reported to the Court.

The offender is rude or disruptive or his work is unsatisfactory

If the offender’s behavior or standard of work is poor, this must be pointed out to him and he must be warned to improve. The supervisor may wish to consult with the CS Officer in such circumstances. If the offender fails to show the necessary improvement, the matter should be reported to the court by the CS Officer.

The offender asks for time off from work

If you believe that the reason is genuine – perhaps for example the offender needs to attend a funeral or a medical examination or has a job interview- then reasonable time off may be allowed up to a maximum of three days. This work must, however, be made up at a later time.

The offender asks for the conditions of his order to be changed on a permanent basis.

Any changes to the order, either at the request of the offender or the placement institution, can only be made by the Court. The C S Officer should therefore be notified and asked to request that the Court amend the order. If the Officer refuses, the offender may apply direct to the court himself.

Not every situation can be covered in a small handbook and often the best advice is to act as a good employer and to follow common sense. In the case of serious difficulty help can be obtained from The District Probation & Welfare Officer.

Can an offender doing community service be helped to accomplish the task assigned?

No the offender has to serve the sentence him/her self.

Who is responsible in case an offender doing community service gets injured or dies while at work?

What measures have been put in place to ensure that offenders placed on community service are not subjected to mob justice?

During the pre-sentence inquiries, the opinion of the Community leaders, the victim and Community at large are sought to ensure that when the offender is placed on Community Service he/she will not be in danger of mob justice.  

What happens to an offender who breaches the requirements and conditions of a community service order?

Section 5 of the Community Service Act of Uganda says the following steps can be taken:

                                                       I.      The court may on receipt of a report from the supervising officer issue a summons requiring the offender to appear before it.

                                                   II.      If the offender does not appear in obedience to the summons, the supervising Court may issue a warrant of arrest.

If it is proved to the satisfaction of the supervising Court that the offender has failed to comply with any of the requirements of the Community Service order, the Court may either:

a)      Vary the order to suit the circumstances of the case

b)      Impose on him or her a fine not exceeding three currency points i.e 60,000/=

c)      Cancel the order and sentence the offender to any punishment which could have been imposed in respect of the offence and if Court thinks fit, reduce the sentence taking into account Community Service already performed.