2. The Environmental Public Health Act is amended by inserting, immediately after section 21, the following sections:21A.—(1) Where a person who is 16 years of age or above is convicted of an offence under section 18 or 20, and if the Court by or before which he is convicted is satisfied that it is expedient with a view to his reformation and the protection of the environment and environmental public health that he should be required to perform unpaid work in relation to the cleaning of any premises, the Court shall, in lieu of any other order, punishment or sentence and unless it has special reasons for not so doing, make a corrective work order requiring him to perform such work under the supervision of a supervision officer and in accordance with the provisions of this section and section 21B.| (2) The number of hours which a person may be required to work under a corrective work order shall be specified in the order and shall not in the aggregate exceed 3 hours. |
| (3) Notwithstanding section 18 of the Criminal Procedure Code (Cap. 68), where a Court makes corrective work orders in respect of two or more offences of which the offender has been convicted by or before the Court, the Court may direct that the hours of work specified in any of those orders shall be concurrent with or additional to the hours specified in any other of those orders, but so that the total number of hours which are not concurrent shall not exceed the maximum specified in subsection (2). |
| (4) In making a corrective work order, the Court shall consider the physical and mental condition of the offender and his suitability for carrying out the requirements of such order. |
(5) Before making a corrective work order, the Court shall explain to the offender in ordinary language —| (a) | the purpose and effect of the order and in particular the requirements of the order as specified in section 21B or any regulations made thereunder; | | (b) | the consequences which may follow under section 21C if he fails to comply with any of those requirements; and | | (c) | that the Court has under section 21D the power to review the order on the application of the offender or the Commissioner. |
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| (6) The Minister may, by order published in the Gazette, amend subsection (2) by varying the maximum number of hours for the time being specified in that subsection. |
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| Obligations of person subject to corrective work order |
21B.—(1) An offender in respect of whom a corrective work order is in force shall —| (a) | report to the supervision officer and subsequently from time to time notify him of any change of address; and | | (b) | perform for the number of hours specified in the order such work at such places and times and in such manner as he may be instructed by the supervision officer. |
| (2) The work required to be performed under a corrective work order shall be performed during the period of 12 months beginning with the date of the order; but unless revoked, the order shall remain in force until the offender has worked under it for the number of hours specified therein. |
| (3) The instructions given by the supervision officer under this section shall, so far as practicable, be such as to avoid any interference with the times, if any, at which the offender normally works or attends a school or other educational institution. |
| (4) The Minister may make regulations, not inconsistent with the provisions of this section, to make further provisions for the manner in which a corrective work order may be carried out including the imposition of additional requirements and the service of any instructions or notice on a person in respect of whom such an order has been made. |
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| Breach of corrective work order |
21C.—(1) If, at any time while a corrective work order is in force in respect of an offender, it appears to the Court on the application of the Commissioner that the offender has failed to comply with any of the requirements of section 21B or any regulations made thereunder (including any failure to perform satisfactorily the work which he has been instructed to do), the Court may issue a summons requiring the offender to appear before the Court at the place and time specified therein, or may issue a warrant for the arrest of the offender.| (2) If it is proved to the satisfaction of the Court that the offender has failed without reasonable excuse to comply with any of the requirements of section 21B or any regulations made thereunder, the Court may, without prejudice to the continuance of the corrective work order, order him to pay a fine not exceeding $5,000 or may commit him to imprisonment for a term not exceeding 2 months. |
| (3) A fine or term of imprisonment imposed under this section shall be deemed to be a fine imposed or a sentence of imprisonment passed on conviction. |
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| Variation and revocation of corrective work orders |
21D.—(1) Where a corrective work order is in force in respect of any offender and, on the application of the offender or the Commissioner, it appears to the Court that it would be in the interests of justice to do so having regard to circumstances which have arisen since the order was made, the Court may in relation to the order —| (a) | reduce the number of hours of work which has been specified in the order pursuant to section 21A(2); or | | (b) | extend the period of 12 months referred to in section 21B(2). |
| (2) Where such an order is in force and on any such application it appears to the Court that, having regard to such circumstances, it would be in the interests of justice that the order should be revoked or that the offender should be dealt with in some other manner for the offence in respect of which the order was made, the Court may revoke the order or revoke it and deal with the offender as if he had just been convicted of that offence in any manner in which he could have been dealt with for that offence by the Court which made the order had the order not been made. |
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21E. For the purposes of sections 21A, 21B, 21C and 21D —| “corrective work order” means a corrective work order made by a Court under section 21A; |
| “offender” means a person who is 16 years of age or above who is convicted of an offence under section 18 or 20; |
| “supervision officer” means a public health officer or any other person as the Minister may, by notification in the Gazette, specify to be a supervision officer for the purpose of supervising the performance of work by an offender under a corrective work order.”. |
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