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Criminal Offences (Amendment) Act 1990

TONGA

CRIMINAL OFFENCES (AMENDMENT) ACT 1990

Act 25 of 1990

AN ACT TO AMEND THE CRIMINAL OFFENCES ACT

I assent,
TAUFA'AHAU TUPOU IV,
19th December, 1990

[7th November, 1990]

BE 1T ENACTED by the King and Legislative Assembly in the Legislature of the Kingdom as follows:

1.

(1) This Act may be cited as the Criminal Offences (Amendment) Act 1990.
(2) The Criminal Offences Act, as amended, is in this Act referred to as the Principal Act.

2. Section 24 of the Principal Act is amended by deleting subsection (1) thereof and substituting therefor the following new subsection (1):

"(1) The following punishments may be inflicted –

(a) payment of compensation;

(b) community service order;

(c) fine;

(d) whipping;

(e) imprisonment; and

(f) death.".

3. The Principal Act is amended by inserting after section 25 thereof a new section 25A as follows:

"25A

(1) Subject to the provisions of this section, where a person is convicted of an offence punishable by imprisonment the court may make a community service order requiring him to perform unpaid work for the benefit of the community.

(2)

(i) The order shall specify —

(a) the number of hours to be worked, which shall be not less than 40 and not more than 120.

(b) the nature and location of the work.

(ii) Subject to subsection (8), the work shall be completed within a maximum of 1 year from the date of the order.

(3) The court shall not make a community service order unless it is satisfied that proper arrangements will be made for its supervision by a suitable person.

(4) An offender who is subject to a community service order —

(a) shall report to his supervisor at such reasonable times as that officer may direct; and

(b) shall carry out the work for the number of hours specified in the order at such times as his supervisor may direct.

(5) The directions of the supervisor shall, so far as practicable, avoid any conflict with the offender's religious beliefs and any interference with times at which he is normally required to attend work, church or any educational establishment.

(6)

(i) If an offender subject to a community service order fails to comply with the terms of that order the supervisor may issue a summons in the court which made the order requesting that the order be revoked.

(ii) If the court is satisfied that the offender has failed without reasonable excuse to comply with the terms of the order it may —

(a) impose a fine not exceeding $l00 and direct that the order continue in force, or

(b) revoke the order and deal with him in any other manner appropriate to the offence in respect of which it was made.

(7) If any person subject to a community service order commits an offence punishable by imprisonment, the court before which he is convicted may revoke the order and deal with him in any other manner appropriate to the offence in respect of which it was made.

(8) If, on the application by summons of the offender or the supervisor, the court which made the order is satisfied that by reason of circumstances which have arisen since the order was made it would be just to do so, it may revoke or vary the order, and may extend the period within which the specified number of hours are to be worked."

4. Sections 54, 55 and 56 of the Principal Act are amended —

(a) by deleting the words "twelve months" wherever they appear and substituting therefor "2 years";

(b) by deleting the words "two hundred and fifty pa'anga" wherever they appear and substituting therefor "$500"

5. Section 58 (1) of the Principal Act is amended by deleting the word "five" and substituting therefor "10".

6. Section 62 (4) of the Principal Act is amended by deleting the word "two" and substituting therefor "3".

7. Section 64 of the Principal Act is amended by deleting the word "four" and substituting therefor "5".

8. Section 68 (2) of the Principal Act is amended by deleting the word "two" and substituting therefor "4".

9. Section 69 (3) of the Principal Act is amended by deleting the word "five" and substituting therefor "10".

10. Section 69A (1) of the Principal Act is amended by deleting the word "life" and substituting therefor the words "a period not exceeding 15 years".

11. Section 74 of the Principal Act is amended —

(a) by deleting the words "ten pa'anga" and substituting therefor "$100";

(b) by deleting the words "two months" and substituting therefor "3 months".

12. Section 114 of the Principal Act is amended by deleting the word "two" and substituting therefor "5".

13. Section 115 of the Principal Act is amended by deleting the word "five" and substituting therefor "7".

14. Section 117 of the Principal Act is amended by deleting the word "four" and substituting therefor "7".

15. Section 126 of the Principal Act is amended by deleting the words "and such animal shall be killed by a public officer".

16. Section 127 of the Principal Act is amended by deleting the word "ten" and substituting therefor "7".

17. Section 157 of the Principal Act is amended by deleting the word "one" and substituting therefor "3".

18. Section 168 (2) of the Principal Act is amended by deleting the word "five" and substituting therefor "7".

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Passed by the Legislative Assembly this 7th day of November, 1990.