6 things to know about Community Based Sentencing
In 2010, Community Based Sentencing (“CBS”) were introduced to allow greater flexibility in sentencing. This means that courts can impose a CBS instead of penal sentences in certain appropriate cases. Read on to find out 6 things you need to know about Community Based Sentences and whether you are eligible for it.
- What are the types of CBS orders?
There are 5 types of CBS orders namely:
- Mandatory Treatment Order (MTO)
- Short Detention Order (SDO)
- Day Reporting Order (DRO)
- Community Service Order (CSO)
- Community Work Order (CWO)
- What is a Mandatory Treatment Order?
MTO is given to offenders (16 years or above) who have committed offences as a result of their psychiatric conditions and who are amenable to receiving treatment. Under MTO, these offenders would be required to undergo psychiatric treatment for a period not exceeding 36 months.
To find out more about MTO, click here.
- What is a Short Detention Order?
SDO requires the offender (16 years or above) to be detained in prison for up to 14 days. To determine if a SDO should be imposed, the courts will have regard to the circumstances of the case, the nature of the offence and the character of the offender.
- What is a Day Reporting Order?
DRO is an order requiring the offender (16 years or above) to report on a regular basis for a period of 3 to 12 months for supervision and/or counselling or rehabilitation. The courts will have regard to the nature of the offence and the character of the offender to determine if a DRO should be imposed.
Just like SDO, the courts must also call for a report to assess the suitability of the offender to counselling and rehabilitation under the supervision of a day reporting officer before making a DRO.
- What is a Community Service Order?
CSO is meant to make offenders (16 years or above) reform and make amends to the community. Therefore, offenders under CSO has to perform supervised community service for a period of time.
To determine if CSO is appropriate for the offender, the court will consider if CSO will allow for the reformation of the offender. Further, the offender must be in fit condition (both mental and physical) to perform the community service.
Again, the court must also call for a report to assess the suitability of the offender for SCO before making a CSO.
- What is a Community Work Order?
CWO is an order requiring an offender to perform supervised community work associated to his offence for a period of time.
Consult a criminal lawyer