Section 42Part 2 — Punishments
Community service orders
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42. (1) Where a person, including any young person, of or over the age of seventeen years is convicted of any offence (other than an offence in respect of which the punishment is forfeiture) the court before whom that person is convicted may with that person’s consent and subject to sections 43 to 45, in addition to or instead of dealing with that person in any way, make a community service order.
A community service order made under subsection (1) shall require the convicted person to perform unpaid work in accordance with section 43 for a specified number of hours (being in the aggregate not less than forty nor more than two hundred and forty).
A court shall not make a community service order in respect of a person convicted of an offence unless the court —
has been notified by the Cabinet that arrangements exist for work to be performed under such orders;
is satisfied after considering a report by a probation officer about such person and that person’s circumstances and (if the court thinks it necessary) hearing a probation officer, that the person is a suitable person to perform work under such an order; and
is satisfied that provision can be made under the arrangements referred to in paragraph (a) for that person to perform such work.
Where a court makes community service orders in respect of two or more offences of which the convicted person has been convicted, it may direct that the hours of work specified in any of those orders shall be concurrent with or additional to those specified in any other of those orders.
A community service order shall specify the area in which the convicted person will reside; and the functions conferred by sections 43 to 45 on the relevant officer shall be discharged by a probation officer.
Before making a community service order the court shall explain to the convicted person —
the purpose and effect of the order;
the consequences which may follow under section 44 if the convicted person fails to comply with any of its requirements; and Section 43 Penal Code (2026 Revision) Page 32 Revised as at 31st December, 2025 c
that the court has the power to review the order on the application either of the convicted person or of a probation officer.
The court by which a community service order is made shall forthwith serve copies thereof on the convicted person and on the relevant officer.
This section does not apply to a person convicted of any offence under the Misuse of Drugs Act (2026 Revision).