Community Service Regulations, 2004

Government Notice 87 of 2004

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Community Service Regulations, 2004

Citation: Government Notice 87 of 2004
Primary work: Community Service Act, 2002
Date: 26 March 2004
Language: English
Publication: Download PDF (9.2 MB)

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Community Service Regulations, 2004

Government Notice 87 of 2004

Published in Gazette of the United Republic of Tanzania 13 on 26 March 2004
Assented to on 27 February 2004
Commenced on 26 March 2004
[This is the version of this document as it was from 26 March 2004 to 26 August 2004.]

(Made under section 14)

Part I – Preliminary provisions

1. Citation

These Regulations may be cited as the Community Service Regulations, 2004.

2. Interpretation

In these Regulations, unless the context requires otherwise—“Act” means the Community Service Act, 2002;[Act No. 6 of 2002]“community Service Officer” has the meaning ascribed to it under section 2 of the Act;“community service order” means an order made by the court under section 3 of the Act;“community service scheme” means a programme developed by local Community Service Committee for placement of offenders;“Community Service” means a programme managed by Community Service Committees under the provisions of the Act;“court” means the court which made a community service order and includes a court within whose jurisdiction an offender may be residing while serving under a community service order;“Executive Committee” has the meaning ascribed to it under the Act;“Minister” has the meaning ascribed to it under section 2 of the Act;“National Committee” means the National Community Service Committee established under section 7 of the Act;“National Coordinator” means the National Community Service Coordinator appointed under section 10 of the Act;“offender” means a person convicted and sentenced by a court for an offence under any written law;“placement agency” means the institution where the offender is placed for community service;“supervising officer” means an officer appointed under section 13 of the Act to supervise an offender performing community service under the Act.

3. Guiding principles

The operation of the community service orders in Tanzania Mainland shall be guided by the following principles, namely—

(a)every court when making a community service order underestands the obligations placed on the individual offender;

(b)the offender clearly appreciates the obligations, so that if he consents to the making of a community service order, he knows what he must do to complete his order satisfactorily and what will happen if he does not comply with its requirements;

(c)in the interest of fairness, the expectations show a measure of consistency both locally and nationally.

Part II – Organising work placements

4. Offenders to perform unpaid work

The offender who is committed to community service shall perform un paid public work.

5. Punitive element in community service

(1)The community service scheme shall be organized in such a manner that it presents a challenge to the offender and the punitive element in the penalty shall be contained in:

(a)the time which the offender devotes in the community service work;

(b)the essential discipline of regular attendance, prompt timekeeping, and satisfactory work performance; and

(c)the prompt application of disciplinary procedures for non-compliance.

(2)The work undertaken by the offender shall be in such manner, seen by both the community and the offender to be constructive and shall enable the offender to make reparation to the community for the offence.

(3)The community service scheme shall in addition to sub-regulation (1), be organized in a manner that assists the offender to complete the required hours of work to the satisfactory standard.

6. Review and reassessment of work placements

Every work placement available to community service schemes shall be reviewed and re-assessed at least annually and the record of the date and contents of such annual assessment shall be prepared and kept by the respective Community Service Scheme.

7. Placement of offenders with special needs

Each community service scheme shall provide placements which can accommodate offenders with special needs, and written details of special needs which are catered for shall be provided.

8. Placement for offenders with inescapable commitments

Each community service scheme shall provide placements which can accommodate offenders with inescapable commitments relating to paid employment and education.

9. Categories of placement agencies

(1)The categories of Community Service placement agencies shall be as follows:

(a)Central Government Institutions;

(b)Local Government Institutions;

(c)Non-Governmental Organisations performing work of public nature;

(d)Community Based Organisations.

(2)Where the placement agency is a Non-Governmental Organisation or a Community Based Organisation, a written authority of the National Coordinator granting permission to utilise the services of the Community Service programme shall be required.

(3)Any placement agency granted permission to untilise the labour of offenders under the Community Service Scheme under sub-regulation (2) of this regulation shall comply with any conditions stipulated therein.

(4)All placement agencies shall be required to comply with the standards stipulated in these Regulations and any other instructions issued by the National Coordinator from time to time.

10. Range of work placements

(1)Every supervising officer shall seek to ensure that he has work placements that may be made available to offenders irrespective of gender, ethnic origin, disability, age or religion.

(2)In making a range of placements, the supervising officer shall in particular, ensure availability of suitable placements for offenders with special cases, such as people with disabilities, the aged and mother with sucking childred.

(3)The supervising officer shall, in deciding about placements allocation, ensure that decisions are not based on any preconceived notions which may be held by individual placement staff about suitability of certain types of work for one or other gender.

11. Placement of offender to a group of opposite gender

(1)Where the offender is allocated to a placement comprising most of the workers or offenders of the opposite gender, the placement supervisor shall be required to ensure that such offender is not subjected to any form of harassment from other workers or offenders.

(2)The supervising officer shall, where the offender is allocated to a placement comprising workers or offenders of the opposite gender, strive to discourage sexist or other offensive or abusive language or actions from workers or offenders whilst on their community service placement.

(3)Where the offender continues to make offensive or abusive comments against the other gender the supervising officer shall issue written instructions prohibiting such comments.

(4)Where the offender fails to comply with instructions issued to him under sub-regulation (3), he may be treated to have breached the conditions of the orders.

Part III – Duties and functions of different organs of the Community Service Programme

12. National Committee

The functions of the National Committee shall be as stipulated under section 8(1) of the Community Service Act.[Act No. 6 of 2002]

13. Executive Committee

The duties and functions of the Executive Committee shall be as stipulated in the first schedule of the Community Service Act.

14. National Cordinator

(1)The National Cordinator shall discharge the following duties:

(a)to run the day to day activities of the programme;

(b)to coordiante the community service orders activities for the whole country;

(c)to make regular visits to check on the progress on the community service order projects;

(d)to draw guidelines;

(e)to disburse funds;

(f)to be the in-charge of the Secretariat of the Community Service Programme;

(g)to prepare and submit an annual report to the Minister;

(h)to implement policy decisions of the National Comittee;

(i)to be a custodian of assets, records, seal and all other properties of the community service programme;

(j)to control and supervise the community service officers programme;

(k)to perform any other duties assigned by the Minister and the Nation Committee;

(2)The National Coordinator shall be the Secretary to the National Committee.

15. Local Community Service Committee

The Local Community Service Committee shall discharge the following obligations:

(a)to hold regular meetings to discuss the community service programme and solve problems that arise;

(b)to identify work placements;

(c)to visit placement agencies to see if supervision is effective and the work assigned to offenders is being carried out properly;

(d)to monitor how community service scheme is operating in the area of its jurisdiction;

(e)to examine and review the work of the community service programme;

(f)to implement the policies of the National Committee;

(g)to sensitise the local community on matters relating to community service orders;

(h)to submit returns to the National Committee;

(i)to receive and consider reports from the Community Service Officer;

(j)to make recommendations concerning improvement of community service programme to the National Committee;

(k)to assist Community Service Officers and Supervising Officers in the supervision of offenders.

16. Functions and duties of Community Service Officer

The duties and functions of Community Service Officer shall be as stipulated under the second schedule of the community service Act.

17. Obligatons of Community Service Officer towards placement institutions

The obligations of Community Service Officers towards agencies providing placements shall be:

(a)to explain the nature of community service and the obligations it places on offenders;

(b)to consider the views of the organizations about the offenders who are best suited to work in the organization;

(c)to provide relevant information to the organization about the offender's background and history of offending, including the nature of the current offence;

(d)to enter into arrangements for the supervision of offenders placed on community service in terms of standards stipulated in regulation 5;

(e)to outline the nature and extent of the assistance which the organization may expect from the community service staff;

(f)to provide rapid follow-up when problems relating to attendance, behaviour or work performance arise at the work placement, both at the request of the organization or where concern is expressed by any person;

(g)to be responsible for all disciplinary measures, including initiating breach proceedings;

(h)to ensure that only those organizations or institutions which meet the obligations stipulated in regulation 22 are used for community service placements.

18. Obligations of Magistrates

(1)The obligations of the Magistrate shall include the following:

(a)to hear the offender before making a community service order;

(b)to hear the community service officer on the pre-sentence report;

(c)to explain to the offender before making the order his obligations under a community service;

(d)to make a community service order based on suitability of the offender and the proposed public work;

(e)to appoint the supervising officer;

(f)to supply a copy of the community service order to the community service officer and to the offender;

(g)to deal with breach of community service orders;

(h)to deal with review and variation of community service order applications and make appropriate orders;

(i)to punish any person who wilfully interferes with the administration of the community programme or who contravenes the provisions of the law on community service.

(2)Before placing an offender to community service, the Magistrate shall consider the following:

(a)the age of the offender;

(b)whether the accused is a first offender;

(c)the nature of the offence;

(d)whether he is a family man;

(e)the attitude of offender to offence whether remorseful;

(f)the attitude of the community to the offender and offence;

(g)the offenders willingness to be placed on community service order;

(h)whether the offender has fixed abode;

(i)whether the offender is employed;

(j)the health of the offender;

(k)the distance to the nearest placement institution;

(l)whether the offender if placed on community service will be a threat to the Community;

(m)the character of the offender;

(n)the availability of a supervising officer.

19. Duties of supervising officers

The supervising officers shall discharge the following functions:

(a)to receive offenders sentenced to community service;

(b)to check the identity card of an offender at the beginning of community service;

(c)to supervise and manage offenders under the community service scheme;

(d)to assist the offender to apply for review or variation of the community service order if need arises;

(e)to implement directives issued by the Community Service Officer;

(f)to implement instructions issued by the court;

(g)to provide work, guidance and instructions to the offender;

(h)to prepare and keep up to date all community service records;

(i)to ensure that the offender performs the work at work place as per court order;

(j)to treat the offender in humane and dignified manner while performing community service work;

(k)to ensure that the offender is provided with the necessary working tools and protective materials while performing community service work;

(l)to allocate work which is commensurate with the offender’s ability to perform;

(m)to consider religious inclinations of the offender and allocate tasks that respect the offender's religious faith;

(n)to ensure security for the offender while performing community service works;

(o)to ensure that relevant documents are forwarded to the Community Service Officer;

(p)to submit periodical reports to the Community Service Officer.

20. Obligations of the offender

The obligations of the offender shall be as stipulated under section 4(1) of the Community Services Act.

21. Requirements for organisations offering community service

(1)All organizations or institutions offering community service placements for offenders shall be required to comply with the following basic requirements, namely:

(a)to inform the Community Service Officer the nature of work the organization institution proposes to offer the offender;

(b)to make available to the Community Service Scheme a supervising officer;

(c)to apply the same standards of working relationship with offenders as they apply with other members of staff or volunteers;

(d)to ensure the availability of sufficient work to occupy the offender during agreed working sessions;

(e)to ensure that all absences and instances of significant misconduct are reported to the Community Service Officer within one working day;

(f)to ensure that an attendance sheet detailing hours of work undertaken for each session, is completed on a daily basis and forwarded to the Community Service Officer at weekly basis; and

(g)to adhere to all health and safety regulations.

(2)The attendance sheet stipulated in paragraph 1(f) shall, in addition contain details of time of arrival and departure, details of tasks undertaken, comments on work performance and shall be signed by the supervising officer on the site and the offender.

(3)The Community Service Officer shall ensure that personal information about the offender is shared on a strict "need to know" basis.

22. Choice of work placements

(1)Each Community Service Scheme shall make available:

(a)placements across a wide range of work settings and types of work;

(b)a range of individual and group work placements;

(c)work which is available throughout the week;

(d)work which is available throughout the geographical area covered by the Scheme.

(2)Each Community Service Scheme may provide either group or individual placements or both.

(3)For purposes of this section “group placement” means placement to which two or more offenders may be assigned.

Part IV – Pre-sentence report and work arrangement

23 Pre-sentence report

(1)An assessment of suitability for Community Service shall be provided to the court in the following circumstances:

(a)where the Community Service Officer preparing a pre-sentence report initiates consideration of suitability for Community Service; or

(b)where the court on its own motion requests an assessment report on suitability for Community Service.

(2)Community Service Officers who prepare the pre-sentence reports shall, before recommending Community Service to the court, consult Community Service Committee and it shall be the responsibility of the Committee to provide information and views relating to the suitability of the offender for Community Service.

(3)The pre-sentence report shall be written clearly and in a manner that shows a distinction between the assessment of suitability of offenders for Community Service and the ability and capacity of schemes to make arrangements for offenders to perform Community Service work.

(4)The pre-sentence report shall be clear and precise and shall be on the prescribed form.

24. Post sentence

(1)A copy of the court order or orders shall be given to the offender by the clerk of the court on the day of the imposition of the order with copies to Community Service Officer and the placement institution.

(2)Offenders sentenced to Community Service shall be subject to the Order from the time of sentence.

(3)Offenders sentenced to Community Service shall be handed over to the Community Service Officer immediately after the sentence is imposed.

(4)The Community Service Officer shall be required to explain to the offender in detail the nature of the Order.

(5)The Community Service Officer shall be responsible for the allocation of offenders to work placements.

25. Consecutive and concurrent orders

Where a court makes more than one order in respect of an individual offender at the same hearing or, where an order is already in existence, the court shall indicate whether the orders are to run concurrently or consecutively. Concurrent order shall be treated as one order and the longest sentence shall prevail.

26. Issuing working instructions

(1)An offender shall be issued with written work instructions by the Community Service Officer to cover all required work sessions.

(2)The work instructions shall detail the date, place and time at which the work shall be carried out.

(3)All changes in date, place and time shall be notified in writing to the offender in an amended or fresh work instructions.

(4)The offender shall sign and date the original work instructions and each set of new or amended instructions and the original copy of such instructions shall be countersigned by the Community Service Officer.

27. Grid of working hours

(1)Normal working hours per day shall be 4 hours.

(2)The period of any work session shall be from 8.00 am. to 12.00 noon, however if the placement institution works on shifts, then the supervising officer shall arrange the working session to fit the shifts accordingly and shall inform the Community Service Officer of the changes.

(3)The complete grid of hours for community service work shall be as stipulated in the First Schedule of these regulations.

28. Remission of part of sentence

(1)Offenders ordered to perform community service work under the Act may earn remission of one third of their sentence or sentences.

(2)For the purpose of giving effect to sub-regulation (1), the offender shall, on admission, be credited with full amount of remission to which he would be entitled at the end of his sentence or sentences if he lost no remission as a result of disciplinary offences as stipulated under Regulations 36 and 37 of these Regulations.

(3)The cumulative amount of hours to be imposed as loss of remission shall not exceed the amount of remission granted under subregulation (1).

29. Recording of hours worked

(1)Offenders may be credited for work undertaken as part of the community service order:

(a)on satisfactory completion of the work assigned to the offender;

(b)where time to assemble equipment such as scaffolding, and initial preparation for work is included in the record of hours worked.

(2)The supervising officer shall be required to maintain a daily record of the hours worked by each offender and such record shall contain:

(a)the hours worked for each work session;

(b)a record of absences;

(c)comments on attendance, punctuality, behaviour and work performance.

(3)The supervising officer shall submit weekly attendance report to the area Community Service Officer.

(4)The area Community Service Officer shall submit monthly attendance report to the National Coordinator.

30. Travel costs

(1)Community Service Schemes shall whenever possible provide suitable work placements within the offender's home locality.

(2)Each offender sentenced to community service shall be required to bear the associated costs relating to travel.

31. Prohibition of alcohol and drugs

(1)No offender shall unless medically prescribed, consume drugs during Community Service work session.

(2)Alcohol during the performance of Community Service Work is prohibited.

(3)Any offender reporting for work while under the influence of alcohol or drugs shall, on that day be dismissed from work as being unable to work. A report to this effect shall be made to the Community Service Officer.

(4)It shall be the duty of the Community Service Officer to investigate the circumstances of an offender being dismissed from work under subregulation (3), and decide on what disciplinary action, if any, to take.

32. Satisfactory performance

(1)In considering what constitutes satisfactory performance of work, the following criteria shall apply:

(a)quality of performance whereby the work done and the manner in which it is done conforms to the standards laid down by the placement agency for the work in question;

(b)behaviour and attitudes in which offenders are expected to conduct themselves on work placements in a manner that demonstrates respect for the rights of others and willingness to co-operate with others in the work placement agency.

(2)If an offender fails to comply with required performance standards, every reasonable effort shall be made to resolve the difficulty within the placement agency and if such effort is not effective and the unsatisfactory performance persists or is of a serious nature, the matter shall be reported without delay to the Community Service Officer.

(3)It shall be the duty of the Community Service Officer to investigate the circumstances of each reported failure on the part of the offender to meet required performance standards, assess the culpability of the offender and, if the failure is unacceptable, decide on what disciplinary action to take.

Part V – Health and safety precautions

33. Health, safety and other statutory regulations

(1)All areas for placements shall have clearly defined and upto-date Health and Safety policy in operation.

(2)Each community service scheme shall be required to ensure that the relevant Health and Safety policy is in operation and is adequately monitored.

(3)Each community service scheme shall maintain close operational links between the scheme and Local Authority Health and Safety Officer.

(4)Any offender who refuses to comply with health and safety instructions given by the supervising officer shall be deemed to have failed to perform the work satisfactorily and shall be dismissed from work on that day.

34. Ex-gratia payments in case of accidents

(1)The placement authority shall bear full costs of any compensation claim as assessed by the Labour Officer arising as a result of the offender carrying out a Community Service Order.

(2)The compensation assessment shall be carried out in accordance with the applicable principles of ex-gratia payments to prisoners and in consultation with the Labour Commissioner.

(3)Principles governing the award of ex-gratia payments when accident occurs to the offender while performing community service are as follows:

(a)in case where the accident arises from proven negligence or disobedience on the part of the offender, no payments will be made;

(b)in cases where the injury arises from proven accident out of an act of God, no payment will be made;

(c)in cases where the accident arises from proven negligence on the part of the institution such as:

(i)by failure to give warning order in case of danger; or

(ii)by use of defective equipment, an award will be considered.

(4)The community service scheme shall establish an accident reporting procedure, and the report shall contain the following:

(a)the name of sentencing court and criminal case number;

(b)the name of offender;

(c)the type of sentence;

(d)the date of accident;

(e)the statement of the offender;

(f)the statements of witnesses;

(g)findings of the Community Service Officer;

(h)recommendation of the Community Service Officer.

35. Exclusion of certain places from Community Service

(1)No Community Service shall be organized or performed in the following places:

(a)the State House premises and any other sensitive government offices designated by the Minister;

(b)all other places declared by the Minister in writing to be not suitable for placement of community service offenders.

Part VI – Discipline

36. Disciplinary offences

(1)Offenders shall be liable to disciplinary action if they commit offences:

(a)failure to attend for work;

(b)lack of punctuality;

(c)failure to notify change of address;

(d)failure to notify change in employment;

(e)failure to perform work to a satisfactory standard;

(f)colluding with supervising officer to evade his responsibility under community service scheme;

(g)quarrelling with any other offender or any other person while at work place;

(h)making groundless complaint;

(i)cursing, swearing or using indecent, violent, threatening or insulting language;

(j)showing disrespect to a supervising officer or other employee of the placement agency or community service;

(k)leaving the work place without the permission of the supervising officer;

(l)wilfully destroying any property of the placement agency;

(m)disobeying any lawful order of the supervising officer;

(n)malingering;

(o)taking part in any assault or attack on a supervising officer or an employee of the placement agency;

(p)wilfully causing himself/herself any illness, injury or

(q)making false or groundless accusations or complaint to a Community Service Officer or Supervising Officer;

(r)any other offence not mentioned above.

37. Procedure for disciplinary action

(1)Where an offender commits any of the offences mentioned under regulation 36, the Community Service Officer or the supervising officer, shall take the following actions:

(a)for the first offence, a warning, either orally and/or in writing, shall be issued to the offender and recorded in the case file;

(b)for the second offence, a formal warning, either orally or in writing shall be issued to the offender and recorded in the case file;

(c)for the third offence, a disciplinary action or breach proceedings as outlined in subregulation (2) shall be taken.

(2)Where the offender fails to obey all warnings issued to him/her under subregulation (1), the Community Service Officer or the supervising Officer shall take the following disciplinary actions:

(a)order the offender to work extra time of not more than two hours.

(b)order the offender to compensate time lost if any;

(c)if the offending habits persist, the Community Service Officer shall suspend the offender from work and proceed to institute breach proceedings in court.

Part VII – Breach proceedings before a court of law

38. Breach proceedings

(1)If the offender after reasonable steps have been taken by the Community Service Officer to enable him to complete the Order, continues to perform his work below the required standards, and when formal disciplinary procedures have failed to have the desired effect, the Community Service Officer may initiate breach proceedings before a court of law.

(2)Before initiating the breach proceedings before a court of law, the Community Service Officer shall—

(a)make a determination that breach action is appropriate; and

(b)ensure that he initiates breach proceedings by using the approved form.

(3)Where an offender is advised that breach action has been initiated against him, he may raise any complaints he has regarding that action with the court.

(4)Each breach proceedings instituted against the offender shall be prosecuted by the public prosecutor.

(5)Any breach proceedings which is presented to the court shall be supported by sufficient evidence.

39. Proof of breach

Every application to the court to institute breach proceedings, shall be accompanied by a report prepared by the Community Service Officer which provides information and expresses a view about:

(a)nature of work which the offender has been performing and whether his performance has been satisfactory or not.

(b)the extent of the offender’s overall compliance with the Order;

(c)any external (domestic) factors affecting the offender's compliance with the Order; and

(d)whether the Order should be revoked and custodial sentence imposed.

Part VIII – Review of Community Service Orders

40. Grounds for review

(1)The offender or the Community Service Officer may apply to the court for the amendment or revocation of a Community Service Order.

(2)Before an application under subregulation (1) is made, two criteria have to be met, namely:

(a)that circumstances which warrant the amendment or revocation have arisen since the order was made; and

(b)that it would be in the interest of justice for the Court to consider amendment or revocation.

(3)An application for review may be made on one or more of the following grounds:

(a)medically certified illness which prevents the offender from performing the Order in a satisfactory manner;

(b)the offender’s incarceration in custody for other offences;

(c)the offender’s move to any place where either is no Community Service Scheme in operation or the Scheme in that place is unwilling to accept transfer of the Order;

(d)the offender’s employment is such that there is no available and reliable time to undertake Community Service work;

(e)the offender persistently reports for work while under the influence of alcohol or drugs;

(f)the offender persistently reports late for work;

(g)unsatisfactory performance of work allocated by the placement agency;

(h)any other exceptional circumstances requiring review of the order.

(4)Procedure for review shall not be used as a substitute for breach proceedings under these Regulations.

Part IX – Satisfactory completion of a Community Service Order

41. Report to be submitted to the court

(1)Upon satisfactory completion of the Community Service Order, the Community Service Officer shall report thereof to the court.

(2)The report prepared under subregulation (1) shall be on the prescribed form and shall contain the following:

(a)an outline of the setting and nature of the work undertaken;

(b)the impact of Community Service towards the offender;

(c)any other comment by the Community Service Officer.

(3)The report on satisfactory completion of Community Service order shall be sent directly to the Court by the Community Service Officer with a copy to the National Coordinator.

Part X – Transfer of orders

42. Intention to relocate or change of adress to be notified

(1)Offenders shall be obliged to notify the Community Service officer without delay of any plan for change of address, including when they plan to move to a new court area and in such circumstances, the Community Service Officer shall consider whether to seek transfer of the order or take other appropriate action.

(2)No application for transfer of an order shall be made to the court unless:

(a)the Community Service Officer is satisfied that it is other than temporary or short term move;

(b)is within Tanzania mainland; and

(c)the offender is moving to a new court area.

(3)No Community Service Officer shall supervise an order for community Service in another area without formal transfer of that order.

(4)Where transfer of a Community Service order is granted by the court, copies of all relevant records of the offender shall be transferred to the court having jurisdiction of the new area and the Community Service Officer of the new station.

Part XI – Management

43. Integration with other Social Work Services

Every Community Service Scheme shall be planned and organized as an integral part of Social Work Services in the criminal justice system.

44. Staffing

(1)In order to ensure effective fulfilment of community service work, the Community Service Scheme shall be managed by staff team consisting of personnel with legal background, social work or related qualifications.

(2)Staff with no legal or social work background shall be required to have access to professional knowledge, expertise and values, in the performance of their tasks before they are assigned any responsibility in the Community Service Scheme.

45. Liaison

Community service staff shall ensure that there is close cooperation with the judiciary, prisons, police and placement agencies in their areas.

46. Notification of death of offenders

(1)Where the offender dies while performing community service work, the Community Service Officer shall immediately inform the National Coordinator and the Court.

(2)Subject to sub regulation (1) the Community Service Officer shall furnish the National coordinator and the court with copies of death certificate of the deceased offender.

Part XII – Training

47. Skills required for Community Service Officers

The Community Service Officers shall be required to have skills in law, social work and any other related skills to ensure that Community Service is delivered effectively.

48. Training programme

(1)The Community Service Scheme shall ensure that there are training programmes to all staff involved in the Community Service Programme.

(2)Particular attention shall be paid to providing adequate induction and in-service training for community service staff.

(3)Induction and in-service training for community service staff shall take into account the need to adjust to the role of working with offenders.

(4)Training strategies shall take into account up to date research in community service and available knowledge about effective practice and quality services.

(5)The office of the National Coordinator shall be responsible for dissemination of relevant research information to all Community Service Schemes.

Part XIII – Monitoring and evaluation

49. Returns to the National Coordinator

(1)The Community Service Officer shall be responsible for the compilation and dispatch of regular returns to the National Coordinator.

(2)The completed returns shall be made either immediately, monthly, quarterly or annually as appropriate and forwarded to the National Coordinator.

(3)Monthly, quarterly and annual reports shall be submitted to the National Coordinator within one month from the date due.

(4)Quarterly returns shall be made for the quarters ending March 31^st, June 30^th, September 30^th and December 31^st.

(5)The type of reports or returns, the originator and the recipient of such reports or returns shall be as prescribed in the Second Schedule.

(6)In order to ensure that Community Service Committees have access to the most recent statistical data for planning purposes under the Community Service Orders scheme, the following procedures shall be adopted for the dissemination of statistical data about Community Service:

(a)each local Community Service Committee shall continuously review its Community Service Scheme and, once in every 3 years, carry out a formal review and submit a report on the review to the National Coordinator;

(b)information collected regularly shall be supplemented by periodic surveys into particular aspects of Community Service policy and practice as agreed by the National Coordinator and the National Community Service Committee.

First Schedule (Under regulation 27)

Grid of hours
Sentence month(s)	Total number of hours
1	80
2	160
3	240
4	320
5	400
6	480
7	560
8	640
9	720
10	800
11	880
12	960
24	1920
36	2880

Second Schedule

Forms

[Please note: Forms have not been reproduced. Please refer to the publication document.]

History of this document

27 August 2004 amendment not yet applied

Amended by Community Service Regulations (Amendment) Regulations, 2004

26 March 2004 this version

Published in Gazette of the United Republic of Tanzania 13

Commenced

27 February 2004

Assented to

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Community Service Regulations, 2004

Government Notice 87 of 2004

Community Service Regulations, 2004

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Community Service Regulations, 2004

Government Notice 87 of 2004

Part I – Preliminary provisions

1. Citation

2. Interpretation

3. Guiding principles

Part II – Organising work placements

4. Offenders to perform unpaid work

5. Punitive element in community service

6. Review and reassessment of work placements

7. Placement of offenders with special needs

8. Placement for offenders with inescapable commitments

9. Categories of placement agencies

10. Range of work placements

11. Placement of offender to a group of opposite gender

Part III – Duties and functions of different organs of the Community Service Programme

12. National Committee

13. Executive Committee

14. National Cordinator

15. Local Community Service Committee

16. Functions and duties of Community Service Officer

17. Obligatons of Community Service Officer towards placement institutions

18. Obligations of Magistrates

19. Duties of supervising officers

20. Obligations of the offender

21. Requirements for organisations offering community service

22. Choice of work placements

Part IV – Pre-sentence report and work arrangement

23 Pre-sentence report

24. Post sentence

25. Consecutive and concurrent orders

26. Issuing working instructions

27. Grid of working hours

28. Remission of part of sentence

29. Recording of hours worked

30. Travel costs

31. Prohibition of alcohol and drugs

32. Satisfactory performance

Part V – Health and safety precautions

33. Health, safety and other statutory regulations

34. Ex-gratia payments in case of accidents

35. Exclusion of certain places from Community Service

Part VI – Discipline

36. Disciplinary offences

37. Procedure for disciplinary action

Part VII – Breach proceedings before a court of law

38. Breach proceedings

39. Proof of breach

Part VIII – Review of Community Service Orders

40. Grounds for review

Part IX – Satisfactory completion of a Community Service Order

41. Report to be submitted to the court

Part X – Transfer of orders

42. Intention to relocate or change of adress to be notified

Part XI – Management

43. Integration with other Social Work Services

44. Staffing

45. Liaison

46. Notification of death of offenders

Part XII – Training

47. Skills required for Community Service Officers

48. Training programme

Part XIII – Monitoring and evaluation

49. Returns to the National Coordinator

First Schedule (Under regulation 27)

Second Schedule

Forms

History of this document

27 August 2004 amendment not yet applied

26 March 2004 this version

27 February 2004

Related documents

Is amended by

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