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PPPPPENALENALENALENALENAL S S S S SYSTEMYSTEMYSTEMYSTEMYSTEM R R R R REFORMEFORMEFORMEFORMEFORMAAAAALTERNATIVELTERNATIVELTERNATIVELTERNATIVELTERNATIVE S S S S SENTENCESENTENCESENTENCESENTENCESENTENCES A A A A ACTCTCTCTCT

20012001200120012001The Penal Reform Alternative Sentences Act is a law that was passed withyoung offenders in mind. Before the passage of this law, those workingwith young people who committed crimes felt that the Courts were limitedin what they could legally and appropriately do to help young offenders tobe responsible for the mistake they had made and get there lives back ontrack. In many cases the only thing that the Court could do was to send ayoung offender to jail.

The Penal Reform Alternative Sentences Act was passed to give the Courtsthe 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 Courtin its work and to help young people in many other ways.

Although the Act or law can also be used with adults whocommit non-violent crimes, its focus is young people un-der the age of eighteen years who have committedcrimes or offensces.

What is this Act about? What is this Act about? What is this Act about? What is this Act about? 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 ofcertain offences.

• The information the Court considers in decidingwhat penalty it should sentence you with.

• How these penalties are to be carried outonce the Court passes its sentence.

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Offences that apply to this ActOffences that apply to this ActOffences that apply to this ActOffences that apply to this ActOffences that apply to this ActAn offence is something that is done that is against the law. The offencesthat 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.

PPPPPOWERSOWERSOWERSOWERSOWERS O O O O OFFFFF T T T T THEHEHEHEHE C C C C CRIMINALRIMINALRIMINALRIMINALRIMINAL C C C C COURTOURTOURTOURTOURT

Q:Q:Q :Q :Q : What penalties can I be sentenced to?What penalties can I be sentenced to?What penalties can I be sentenced to?What penalties can I be sentenced to?What penalties can I be sentenced to?

A penalty is a punishment for a crime or offence. The Court will review yourcase and can order ANYANYANYANYANY of the following penalties:

11111 ..... Absolute DischargeAbsolute DischargeAbsolute DischargeAbsolute DischargeAbsolute Discharge

In this case, the Court does not order any penalty for the offence. You arefree to go, as if you were never convicted. This does not appear on yourcriminal record.

RRRRRemember: emember: emember: emember: emember: 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 Discharge2. Conditional Discharge2. Conditional Discharge2. Conditional Discharge2. Conditional Discharge

No penalty is ordered for the offence com-mitted. This will not appear on your criminalrecord. BUT BUT BUT BUT BUT if another offence is commit-ted within three years or less, THEN THEN THEN THEN THEN theCourt can sentence you for both offences,

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that is, the first offence for which you were given conditional discharge andthe new offence.

3.3 .3 .3 .3 . Suspended Prison SentenceSuspended Prison SentenceSuspended Prison SentenceSuspended Prison SentenceSuspended Prison SentenceThe Court orders a term of imprisonment for the offence committed, BUTBUTBUTBUTBUTorders that you do not actually have to go to prison at that time. HOWEVERHOWEVERHOWEVERHOWEVERHOWEVER,if another offence is committed, one for which you could be sent to prisonfor six months or more, THENTHENTHENTHENTHEN, the Court may order you to go to prison,either for the full term of the suspended sentence or for lesser time. Asuspended sentence DOESDOESDOESDOESDOES appear on your criminal record.

4.4 .4 .4 .4 . Community Service OrderCommunity Service OrderCommunity Service OrderCommunity Service OrderCommunity Service Order

Instead of going to prison, the Court may order you to do some kind of workor service to help the community. The Court will decide how long you haveto do this work. A community service order can be made IN ADDITIONIN ADDITIONIN ADDITIONIN ADDITIONIN ADDITION toany other sentence given by the Court. KNOKNOKNOKNOKNOWWWWW that you, the young offender,MUSMUSMUSMUSMUSTTTTT agree to a community service order before the Court can order it.

5.5 .5 .5 .5 . FinesFinesFinesFinesFinesHere, you are ordered to pay a sum of money to the Court, instead of goingto prison.

6.6 .6 .6 .6 . Imprisonment Imprisonment Imprisonment Imprisonment Imprisonment (Custodial Sentence)

Sending you to prison is the last thing that the Court wantsto 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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HHHHHOWOWOWOWOW T T T T THEHEHEHEHE C C C C COURTOURTOURTOURTOURT M M M M MAKESAKESAKESAKESAKESIIIIITSTSTSTSTS D D D D DECISIONECISIONECISIONECISIONECISION

The main consideration of the Court, when deciding what sentence to giveyou, the young offender, is that “the seriousness of the punishment musthe seriousness of the punishment musthe seriousness of the punishment musthe seriousness of the punishment musthe seriousness of the punishment mustttttmatcmatcmatcmatcmatch the seriousness of the ofh the seriousness of the ofh the seriousness of the ofh the seriousness of the ofh the seriousness of the offffffenceenceenceenceence.”

The aim of sentencing is to rehabilitate you, the young offender. Rehabili-tation means you are assisted in changing your behavior so that you arebetter able to participate in society.

When the Court is in the process of deciding what sentence to impose onyou 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 asthe way in which the offence was committed

• Information about the victim, if relevant

• Description of the work it is proposed you do, if youare given a community service order

• In cases where the Court is consideringa community service order or a custodialsentence, the Court MUST obtain a Pre-Sen-tencing report from the Community Reha-bilitation Department, so that it can havethe necessary information with which toform an opinion about your sentence.

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CCCCCOMMUNITYOMMUNITYOMMUNITYOMMUNITYOMMUNITY R R R R REHABILITATIONEHABILITATIONEHABILITATIONEHABILITATIONEHABILITATIONDDDDDEPARTMENTEPARTMENTEPARTMENTEPARTMENTEPARTMENT

The Community Rehabilitation Department directly assists the Court incarrying out the task of sentencing persons convicted of criminal offencesunder the Penal Reform Alternative Sentencing Act 2001. The officers ofthis Department are called Community Rehabilitation Officers.

The following are some of the roles of the Department which may directlyaffect 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 undergocounseling

• Offer counseling to your parents, if you are under 18years of age, and the Court orders your parentsundergo counseling

• Report to the Court if you do not obeythe terms and conditions of the com-munity service order.

• Explain the terms and conditions ofyour sentence to you so that youwill have a clear understandingof your sentence.

FFFFFREQUENTLYREQUENTLYREQUENTLYREQUENTLYREQUENTLY A A A A ASKEDSKEDSKEDSKEDSKED Q Q Q Q QUESTIONSUESTIONSUESTIONSUESTIONSUESTIONS

Absolute and Conditional DischargeAbsolute and Conditional DischargeAbsolute and Conditional DischargeAbsolute and Conditional DischargeAbsolute and Conditional DischargeQ:Q:Q :Q :Q : What does the Court do before it sentences you to aWhat does the Court do before it sentences you to aWhat does the Court do before it sentences you to aWhat does the Court do before it sentences you to aWhat does the Court do before it sentences you to a

discharge?discharge?discharge?discharge?discharge?A:A:A:A:A: Before ordering a discharge, the Court must first review the facts of yourcase.

The Court may ask for a PRE-SENTENCING REPORPRE-SENTENCING REPORPRE-SENTENCING REPORPRE-SENTENCING REPORPRE-SENTENCING REPORTTTTT, prepared by a Com-munity Rehabilitation Officer. The report usually includes:

• Information about the offence committed and how it wascommitted

• Your character and your plans to change the behaviorwhich brought you before the Court

• Results of the interview with you and your parents, ifyou are under 18 years of age

• Interview with any victims of the offence youhave committed

• And any other relevant information regard-ing the circumstances of your case

After the Court has reviewed ALLALLALLALLALL the infor-mation presented and it believes that it wouldmake no practical sense to send you toprison, THENTHENTHENTHENTHEN, a discharge can be ordered.

Q: What happens if yQ: What happens if yQ: What happens if yQ: What happens if yQ: What happens if you commitou commitou commitou commitou commitanother ofanother ofanother ofanother ofanother offffffence while on conditionalence while on conditionalence while on conditionalence while on conditionalence while on conditional

discdiscdiscdiscdischarge?harge?harge?harge?harge?

A: A: A: A: A: The Court can sentence you for both offences,namely, the offence for which you are on conditional

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discharge, ANDANDANDANDAND the new offence you committed. YYYYYOU WILL HAOU WILL HAOU WILL HAOU WILL HAOU WILL HAVE TVE TVE TVE TVE TO SERO SERO SERO SERO SERVEVEVEVEVEBOBOBOBOBOTH SENTENCES.TH SENTENCES.TH SENTENCES.TH SENTENCES.TH SENTENCES.

Suspended SentSuspended SentSuspended SentSuspended SentSuspended SentenceenceenceenceenceQ:Q:Q:Q:Q: What does the CourWhat does the CourWhat does the CourWhat does the CourWhat does the Court do when ordering a suspendedt do when ordering a suspendedt do when ordering a suspendedt do when ordering a suspendedt do when ordering a suspended

sentsentsentsentsentence?ence?ence?ence?ence?

A: A: A: A: A: The Court must first consider ALL ALL ALL ALL ALL the circumstances of your case. ASuspended Sentence is ordered when the Court believes that if it did nothave the power to order a suspended sentence, it would have to send youto prison.

When a Suspended Sentence is ordered, the Court explains that IFIFIFIFIF youcommit another offence, for which you could be sent to prison for six monthsor more, THENTHENTHENTHENTHEN you may be ordered to serve EITHEREITHEREITHEREITHEREITHER the full term of thesuspended sentence, OROROROROR a lesser time.

Q: What happens if yQ: What happens if yQ: What happens if yQ: What happens if yQ: What happens if you are givou are givou are givou are givou are given a suspended senten a suspended senten a suspended senten a suspended senten a suspended sentence fence fence fence fence forororororone ofone ofone ofone ofone offffffence AND a prison tence AND a prison tence AND a prison tence AND a prison tence AND a prison term ferm ferm ferm ferm for anotheror anotheror anotheror anotheror another of of of of offffffence, at theence, at theence, at theence, at theence, at thesame time?same time?same time?same time?same time?

A: A: A: A: A: The Court will order you to serve both sentences at the same time.

FinesFinesFinesFinesFinesQ:Q:Q:Q:Q: What does the CourWhat does the CourWhat does the CourWhat does the CourWhat does the Court tt tt tt tt takakakakake inte inte inte inte into account befo account befo account befo account befo account before itore itore itore itore itmakmakmakmakmakes yes yes yes yes you paou paou paou paou pay a fine?y a fine?y a fine?y a fine?y a fine?

A: A: A: A: A: The Court may take yourfinancial means intoaccount, so faras they areknown to theCourt AND anyother informa-tion which itmight findhelpful.

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Custodial SentenceCustodial SentenceCustodial SentenceCustodial SentenceCustodial SentenceQ:Q:Q :Q :Q : What kind of information can the Court take intoWhat kind of information can the Court take intoWhat kind of information can the Court take intoWhat kind of information can the Court take intoWhat kind of information can the Court take into

consideration?consideration?consideration?consideration?consideration?

A: A: A: A: A: The Court can use all available information about the circumstances ofthe offence, including aggravating and mitigating factors.

AAAAAggraggraggraggraggravvvvvating fating fating fating fating factactactactactorororororsssss are things which make the offence committed worse,such as excessive violence, actions caused by racism or the use of aweapon.

Mitigating fMitigating fMitigating fMitigating fMitigating factactactactactorororororsssss are things which serve to partly explain or excuse thecommission of the offence, such as an urgent need for self defense, theurgent need to defend another person and non-violence.

The Court can also consider the Pre-Sentencing Report prepared by theCommunity Rehabilitation Officer. This report usually in-

cludes information on you and your plans to change thebehavior which brought you before the Court in the first

place, the results of interviews with you and/or yourparents (if you are less than 18 years), and inter-

views with the victim(s) of the crime, and anyother relevant information.

Community SerCommunity SerCommunity SerCommunity SerCommunity Service Ordervice Ordervice Ordervice Ordervice OrderQ: When maQ: When maQ: When maQ: When maQ: When may the Coury the Coury the Coury the Coury the Court makt makt makt makt make ae ae ae ae acommunity sercommunity sercommunity sercommunity sercommunity service order?vice order?vice order?vice order?vice order?

A:A:A:A:A:• The Court can make a communityservice order once you have been con-victed of an offence which qualifies for

such an order. (See list of offences in the firstpart of this guide).

• The Court must ask you whether or not you agreeto the order

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• The Court will also consider the Pre-Sentencing Report which shouldinclude 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 toperform the work under the community service order, and that arrange-ments have been made for you to do the work and be supervised.

Q:Q:Q:Q:Q: What other fWhat other fWhat other fWhat other fWhat other factactactactactororororors can the Cours can the Cours can the Cours can the Cours can the Court tt tt tt tt takakakakake inte inte inte inte into account wheno account wheno account wheno account wheno account whenmaking a community sermaking a community sermaking a community sermaking a community sermaking a community service order?vice order?vice order?vice order?vice order?

A: A: A: A: A: The Court will consider your religious beliefs; the times you normallywork or attend an educational institution. The Court will also ensure thatyou are required to work within your district, preferably within your com-munity.

Q:Q:Q:Q:Q: What musWhat musWhat musWhat musWhat must the Court the Court the Court the Court the Court et et et et explain befxplain befxplain befxplain befxplain before making a communityore making a communityore making a communityore making a communityore making a communityserserserserservice order?vice order?vice order?vice order?vice order?

A:A:A:A: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, requirementsor responsibilities under this order

• The Court also has the power to review the order upon applica-tion by yourself or the Community Rehabilitation Department.

Q:Q:Q:Q:Q: HoHoHoHoHow long will a community serw long will a community serw long will a community serw long will a community serw long will a community service order lasvice order lasvice order lasvice order lasvice order last andt andt andt andt andhohohohohow manw manw manw manw many houry houry houry houry hours as as as as adadadadaday can yy can yy can yy can yy can you beou beou beou beou beordered tordered tordered tordered tordered to wo wo wo wo wororororork?k?k?k?k?

A:A:A:A:A: A community ser-vice order will last:

• For not morethan 12 months

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• Until you have performed the work required under the order and havecompleted 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 orSunday or on public and bank holidays.

Q:Q:Q:Q:Q: What happens if yWhat happens if yWhat happens if yWhat happens if yWhat happens if you commit another ofou commit another ofou commit another ofou commit another ofou commit another offffffence while serence while serence while serence while serence while servingvingvingvingvinga community sera community sera community sera community sera community service order?vice order?vice order?vice order?vice order?

A: A: A: A: 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 thatthe community service order, which you are serving, can be changed intoa more serious sentence.

Q:Q:Q:Q:Q:What happens if yWhat happens if yWhat happens if yWhat happens if yWhat happens if you do not obeou do not obeou do not obeou do not obeou do not obey any any any any any of they of they of they of they of therequirements, conditions or responsibilities under therequirements, conditions or responsibilities under therequirements, conditions or responsibilities under therequirements, conditions or responsibilities under therequirements, conditions or responsibilities under the

order?order?order?order?order?

A: A: A: A: A: You will be summoned to appear in Court. Ifthe Court finds that you have no reasonable ex-cuse for not obeying, the Court may:

• Impose a fine of up to $2000 and orderyou to continue the work under the communityservice order;

• Cancel the community service order andgive you another sentence.

Q:Q:Q:Q:Q: What musWhat musWhat musWhat musWhat must yt yt yt yt you do underou do underou do underou do underou do undercommunitycommunitycommunitycommunitycommunity serserserserservice order?vice order?vice order?vice order?vice order?

A:A:A:A:A:• Adequately perform the work statedin the order and for the number ofhours specified;

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• 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 youof any change of address.

Q:Q:Q :Q :Q : What kind of work can a community service entail?What kind of work can a community service entail?What kind of work can a community service entail?What kind of work can a community service entail?What kind of work can a community service entail?

A: A: A: A: 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 withdisabilities. You may also be asked to work on land for whichthe government is responsible.

Q:Q:Q :Q :Q : Can your community service order beCan your community service order beCan your community service order beCan your community service order beCan your community service order becancelled, ecancelled, ecancelled, ecancelled, ecancelled, extxtxtxtxtended, or the type ofended, or the type ofended, or the type ofended, or the type ofended, or the type ofwwwwwororororork ck ck ck ck changed?hanged?hanged?hanged?hanged?

A: A: A: A: A: Yes, all of the above, under the following circum-stances:

• If your circumstances change and the work orhours are no longer suitable

• No more suitable work can be found

• If you become unable to perform the workordered, for example: through illness

• Upon application to the Court by your-self, or by the Community RehabilitationOfficer

The Court makes the final decision as towhich changes will be made to the order.

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TTTTTHEHEHEHEHE W W W W WAYAYAYAYAY F F F F FORWARDORWARDORWARDORWARDORWARD

Coming in conflict with the law can be very challenging. It is hoped that thisbooklet has given you enough information so you will know what to expectwhen 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 withthe law. But with the help of the Community Rehabilitation Department,they have served their sentences and are now working toward a positivefuture for themselves.

Take for example a young man by the name of Eddy Sanchez. After servinghis 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 amember of the marine cadet corps and also vol-

unteers his time by helping to clean up hiscommunity. Eddie’s advice to other youngoffenders 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!