S.I. No. 325/1984:

CRIMINAL JUSTICE (COMMUNITY SERVICE) REGULATIONS, 1984

CRIMINAL JUSTICE (COMMUNITY SERVICE) REGULATIONS, 1984

I, MICHAEL NOONAN, Minister for Justice, in exercise of the powers conferred on me by section 14 of the Criminal Justice (Community Service) Act, 1983 (No. 23 of 1983), hereby make the following regulations:

1. These Regulations may be cited as the Criminal Justice (Community Service) Regulations, 1984.

2. In these Regulations--

"the Act" means the Criminal Justice (Community Service) Act, 1983 (No. 23 of 1983);

"the Minister" means the Minister for Justice;

"Principal Probation and Welfare Officer" includes a person authorised to perform the functions of that officer when he is absent or unable to act or the office of Principal Probation and Welfare Officer is vacant.

3. For the purposes of sections 6 (2) and 10 (2) of the Act, the Principal Probation and Welfare Officer shall designate one or more relevant officers in respect of each District Court district.

4. In discharging his functions under the Act a relevant officer shall--

( a ) be satisfied, prior to the commencement of work under a community service order by an offender on behalf of any body of persons, that the body is adequately insured against liability in respect of injury, loss or damage caused to or by the offender concerned in performing the work,

( b ) ensure, as far as practicable, that work to be performed by an offender under a community service order is of benefit to the community or to an individual or group of individuals in need, and

( c ) carry out any general or special direction issued by or on behalf of the Minister.

5. Where a copy of a community service order is given to an offender by a relevant officer in accordance with sections 6 (2) or 10 (2) of the Act, the offender shall give to the relevant officer an acknowledgement in writing of receipt of the copy.

6. An offender shall obey all instructions given to him under the Act by or on behalf of a relevant officer.

7. An offender shall not be required to perform work under a community service order for more than eight hours in any day without the approval of a relevant officer.

8. Subject to Regulation 9, where a relevant officer is satisfied that non-attendance at work by an offender under a community service order is due to illness or to any other unavoidable cause, the relevant officer may excuse such non-attendance but any period of absence from work owing to such illness or unavoidable cause shall not be reckoned as time spent in performing such work.

9. In reckoning the time worked on any day in relation to a community service order, a period may be included in respect of--

( a ) time taken by the offender to travel to the place where he so works, and

( b ) any time during which work is interrupted by weather or by any other unavoidable cause:

Provided that any such period shall not exceed one hour without the approval of a relevant officer.

10. Where the Minister is satisfied that an offender, in respect of whom a community service order has been made, is unable by reason of his lack of means to perform the work to which the order relates or to travel to the place of work, the Minister may pay, in accordance with such rates as he shall determine from time to time, such travelling and other expenses as may be necessary to enable the offender to perform such work.

11. Where, in relation to a community service order, an offender has complied with the requirements of section 7 (1) (b) of the Act, the relevant officer to whom he is required to report under that section shall certify such compliance to the court that made the order.

GIVEN under my Official Seal, this 5th day of December, 1984.

MICHAEL NOONAN,

Minister for Justice.

EXPLANATORY NOTE.

These Regulations provide for the discharge of various functions by relevant officers, the compliance with instructions by offenders and other miscellaneous matters concerning community service orders.