Malawi Act or statute

Malawi legislation

Convicted Persons (Employment on Public Work) Act, 1954

community workcourt ordersfineslabour compliancepenaltiespublic work

Jurisdiction: Malawi
Structure: 9 provisions
Citation: Act 16 of 1954
Official identity: Year 1954
Dates: Enacted 1954 · Source version 31 Dec 2014

More statute details

Official identity: Year 1954
Dates: Enacted 1954 · Source version 31 Dec 2014

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Purpose and legislative effect

“This provision gives the Act its short title: the Convicted Persons (Employment on Public Work) Act.”

This provision gives the Act its short title: the Convicted Persons (Employment on Public Work) Act. This section defines “court” as a subordinate court, and also includes a Traditional Court when it is empowered to make an order to perform public work. A court may order a convicted person to do public work instead of jail, but only within the stated limits. A person ordered to do public work because of unpaid fines can end the order by paying the fine in full, or get the work period reduced by making a part payment to the court. A person ordered by a court to perform public work must work up to 8 hours a day, excluding Sundays and public holidays, and must stay where the District Commissioner directs or in a camp if the court orders it.

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Enacted 1954 · Source version 31 Dec 2014. The date shown identifies this source expression and should not be treated as proof that no later change exists.
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Short title

This provision gives the Act its short title: the Convicted Persons (Employment on Public Work) Act.

Section 1

Power or court to order persons to perform public work

A court may order a convicted person to do public work instead of jail, but only within the stated limits.

Section 3

Duties of persons ordered to perform public work

A person ordered by a court to perform public work must work up to 8 hours a day, excluding Sundays and public holidays, and must stay where the District Commissioner directs or in a camp if the court orders it.

Section 5

Revision and appeal

The High Court may change a sentence of fine or imprisonment into an order to perform public work, or change an order to perform public work into a sentence of fine or imprisonment, when the matter comes before it on appeal or revision.

Section 7

Savings

Existing rules under the repealed ordinance continue in force under this Act until new rules are made.

Section 9

Source and current-law status

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Source record from malawilii.org · Enacted 1954 · Source version 31 Dec 2014

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Showing 9 of 9 provisions

Provision 4Offence 2Short titleInterpretation

§ 1Short titleShort title

This provision gives the Act its short title: the Convicted Persons (Employment on Public Work) Act.

1. Short title This Act may be cited as the Convicted Persons (Employment on Public Work) Act.

Section 1Verify source

§ 2InterpretationInterpretation

This section defines “court” as a subordinate court, and also includes a Traditional Court when it is empowered to make an order to perform public work.

2. Interpretation In this Act, unless the context otherwise requires— “ court ” means a subordinate court and includes a Traditional Court to the extent to which it is empowered under the Traditional Courts Act to make an order to perform public work. [Cap. 3:01]

Section 2Verify source

§ 3Power or court to order persons to perform public workOffence

A court may order a convicted person to do public work instead of jail, but only within the stated limits.

3. Power or court to order persons to perform public work (1) When a person is convicted of any offence by a court and such court is of opinion that the offence would be adequately punished by a sentence of imprisonment not exceeding six months, the court may, instead of awarding a sentence of imprisonment, order such person to perform public work for a period not exceeding six months. (2) Subject to subsection (1), the court shall not order any person to perform public work for a longer period than the maximum sentence of imprisonment which it could have imposed on such person in respect of the offence of which he has been convicted. (3) Where any Act provides that an offence is punishable by fine only or by fine and imprisonment in default of payment of such fine, the court may order the person convicted to perform public work for a period not exceeding six months in default of payment. (4) Notwithstanding the Criminal Procedure and Evidence Code, no court may order a person to perform public work for a total period exceeding six months where such order is made in respect of two or more offences tried together. [Cap. 8:01]

Section 3Verify source

§ 4Payment of fine either in full or in partProvision

A person ordered to do public work because of unpaid fines can end the order by paying the fine in full, or get the work period reduced by making a part payment to the court.

4. Payment of fine either in full or in part (1) If any person, ordered to perform public work in default of payment of a fine, pays such fine in full to the court which so ordered him, the order shall thereupon determine. (2) If any person, ordered to perform public work in default of payment of a fine, pays any sum in part satisfaction of such fine, the period of the public work ordered to be performed by him shall be reduced by a number of days bearing as nearly as possible the same proportion to the total number of days for which such person was ordered to perform public work as the sum so paid bears to the fine imposed. (3) Where any person is desirous of taking advantage of subsection (2), any payment in part satisfaction of the fine shall be made by such person to the court which ordered him to perform public work and the court shall certify the number of days by which the period of public work originally ordered is reduced by such payment.

Section 4Verify source

§ 5Duties of persons ordered to perform public workProvision

5. Duties of persons ordered to perform public work A person ordered by a court to perform public work shall— (a) work for a period not exceeding eight hours each day (excluding Sundays and public holidays) on such work as shall be allotted to him by the District Commissioner of the District in which such person was convicted or by any person authorized by such District Commissioner in that behalf; (b) reside in such place as the District Commissioner shall direct, or, if the court so orders, in a camp.

Section 5Verify source

§ 6Penalty for failure to comply with an order to perform public workOffence

A person ordered by a court to do public work can be jailed for six months if they fail to do the work, leave their work or residence, or do not follow the Act’s rules without reasonable cause.

6. Penalty for failure to comply with an order to perform public work (1) Every person ordered by a court to perform public work who shall without reasonable cause— (a) fail to perform the work lawfully allotted to him; or (b) absent himself from his place of work or of residence; or (c) fail to comply with any Rules made under this Act, shall be liable to imprisonment for six months: Provided that where any person is sentenced to a term of imprisonment under this subsection, the court imposing such sentence of imprisonment may, in its discretion, revoke the order to perform public work. (2) A return of all sentences imposed by a court under this section shall be made monthly to the High Court.

Section 6Verify source

§ 7Revision and appealProvision

7. Revision and appeal Where sentence of fine or imprisonment or an order to perform public work comes before the High Court on appeal or in exercise of its powers of revision, the High Court may alter any sentence of fine or imprisonment to an order to perform public work, or an order to perform public work to a sentence of fine or imprisonment.

Section 7Verify source

§ 8RulesProvision

The Minister may make Rules for public work under the Act.

8. Rules The Minister may make Rules— (a) prescribing the nature of the public work to be performed under this Act; (b) establishing camps in which persons ordered to perform public work may be required to reside; (c) prescribing the manner in which persons ordered to perform public work shall be supervised; (d) prescribing anything which, under this Act, may be or is to be prescribed; (e) generally for the better carrying into effect of this Act.

Section 8Verify source

§ 9SavingsRepeal

Existing rules under the repealed ordinance continue in force under this Act until new rules are made.

9. Savings Any rules made under the Convicted persons (Employment on Work) Ordinance, l946 (now repealed) and in force at the time of the coming into operation of this Act shall be deemed to have been made under this Act and shall continue in force until other Rules shall be made by virtue of this Act. [22 of 1946]

Section 9Verify source

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31 Dec 2014 · currentEnglish

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