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The Ministry of Women, Family and Community Development recently held 2 briefing sessions, primarily to update participants on the status of the Community Service Order (CSO) programme or Program Perintah Khidmat Masyarakat.

The sessions held at the Ministry on 16 July 2008, chaired by YB Dato’ Dr. Ng Yen Yen, and at the Jabatan Kebajikan Masyarakat Wilayah Persekutuan Kuala Lumpur (JKM WPKL) on 22 July were very well attended by representatives from the various stakeholders of children’s rights and interest groups.

The Ministry of Women, Family and Community Development recently held 2 briefing sessions, primarily to update participants on the status of the Community Service Order (CSO) programme or Program Perintah Khidmat Masyarakat. The sessions held at the Ministry on 16 July 2008, chaired by YB Dato’ Dr. Ng Yen Yen, and at the Jabatan Kebajikan Masyarakat Wilayah Persekutuan Kuala Lumpur (JKM WPKL) on 22 July were very well attended by representatives from the various stakeholders of children’s rights and interest groups.

Although the amendment to the Criminal Procedure Code (CPC) by way of the new Section 293 (1) (e) which introduces CSO as an alternative punishment for youthful offenders, had come into force in September 2007, but due to the lack of resources, particularly in funding and manpower, the Bahagian Perintah Khidmat Masyarakat or CSO Department at the JKM WPKL was established on 1 January 2008 and accordingly the CSO programme, launched on that date.

As at 31 May 2008, there are a total of 74 cases handled by the CSO Department, a bulk of which cases originate from Kuala Lumpur.

Having recognised the inherent deficiency of the CSO provision and the potential and practical difficulties that are quite certain to arise in its application, the Ministry has undertaken a road- show throughout the states to receive feedback from the relevant agencies, courts, police and the public on problems faced and how best to implement an efficient and successful CSO programme.

Various issues relating to the CSO were highlighted and discussed at the meetings, the most pertinent one being the fact that the CSO provision does not clearly provide for some of these vital issues, namely:

• the minimum period of community service to be undertaken by the offender
• the scope of the service
• the list of authorities the offender may be placed under is non-exhaustive
• whether offender may be paid a reasonable wage for his services
• the consequences of breaching the CSO
• the mechanics of implementation of the CSO in respect of youthful offenders of differing categories, eg. what happens to a person sentenced to CSO who is pursuing studies, or obtains employment outside our jurisdiction, for instance in Sabah, etc.

The Minister expressed her keenness to the idea of setting-up a Working Committee in relation to the CSO programme to tackle these various issues and other connected matters, and notified that the Bar Council Malaysia will be invited to participate. Such regular meetings between the Ministry and the stakeholders are welcome and will surely promote an effective collaboration of efforts in ensuring that the CSO programme becomes a workable and successful alternative to fine or custodian punishment.

The meeting was also given an explanation on the actual CSO programme structure. Further particulars of the programme will be forwarded to the Bar Council in due course.

Amongst the other issues raised, the meeting touched on the issue of restriction on media reporting and publication in respect of offences/matters involving children, which is prohibited under Section 15 of the Child Act 2001. The meeting acknowledged that a firm position on action against reporters who contravene Section 15 must be taken by the Ministry, including the lodgment of police reports, wherever necessary.

The Criminal Law Committee has deliberated extensively on the CSO as an alternative punishment since the passing of the Criminal Procedure Code (Amendment) Act 2006. It is of the view that all aspects of the CSO programme must be carefully considered in the best interest of the youthful offender. The Committee is also concerned, given that the CSO provision does not provide for proper safeguards on the safety and interest of the offender, that this provision may be open to abuse or erroneous application. It has suggested that ideally a set of Guidelines be issued by the Ministry, in consultation with the Courts, or a Practice Direction, to define the wide discretion currently available to the presiding Judge / Magistrate making an Order under Section 293 (1) (e).

The Committee fully supports the CSO programme and looks forward to contributing its input and support to the Ministry and the JKM WPKL in making CSO a preferred alternative punishment.

Members who may have any enquiries on the CSO programme or wish to share valuable insight, information or suggestions on the matter are kindly requested to contact the Committee at council@malaysianbar.org.my or through its officer, Vinodhini Samuel at vino.bs@malaysianbar.org.my.

Baljit Singh Sidhu
Member
Bar Council Criminal Law Committee

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