The Community Service Act

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CHAPTER 291
THE COMMUNITY SERVICE ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
part i
PRELIMINARY PROVISIONS
1. Short title.
2. Interpretation.
part ii
COMMUNITY SERVICE ORDERS
3. Community service orders.
4. Obligations of offender subject to community service order.
5. Breach of community service orders.
6. Review and variation of community service orders.
part iii
MANAGEMENT AND ENFORCEMENT OF COMMUNITY
SERVICE ORDERS
7. Establishment of National Community Service Orders Committee.
8. Duties of National Committee.
9. Executive Committee.
10. National Co-ordinator.
11. Regional, District, Ward and Village Community Service Orders Committee.
12. Community service officers.
13. Supervising officers.
14. Regulations.
15. Liability of members of Community Service Orders Committees and
other officers.
16. Offences.
SCHEDULES

13. Supervising officers.
14. Regulations.
15. Liability of members of Community Service Orders Committees and
other officers.
16. Offences.
SCHEDULES

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PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Community Service Act. 2.

may be reproduced or distributed without permission of OAG.58
PART I
PRELIMINARY PROVISIONS
1. This Act may be cited as the Community Service Act. 2.

In this Act, unless the context otherwise requires-
“community service” means a program managed by
Community Service Committees under the provisions of
this Act;
“community service order” means an order made under
section 3;
“community service officer” means a community service
officer within the meaning of section 12 of this Act;
“court” means unless provided otherwise, 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;
“Minister” means the Minister responsible for prisons;
“National Committee” means the National Community
Service Orders Committee established under section 7;
“National Co-ordinator” means the National Community
Service Order Co-ordinator appointed under section 10;
Short title
Interpretation
CHAPTER 291
THE COMMUNITY SERVICE ACT
An Act to make provisions for the introduction and regulation of community
service on offenders in certain cases, and for connected and incidental
matters. [30th January, 2004]
[GN. No. 36 of 2004]
Act No. 6 of 2002

community
service on offenders in certain cases, and for connected and incidental
matters. [30th January, 2004]
[GN. No. 36 of 2004]
Act No. 6 of 2002

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THE COMMUNITY SERVICE ACT [CAP. 291 R.E. 2023]
“offender” means a person convicted and sentenced by a
court for an offence under any written law; and
“supervising officer” means an officer appointed under
section 13 to supervise an offender performing community
service under this Act. PART II
COMMUNITY SERVICE ORDERS
3.–(1) Where a person is convicted of an offence punishable by-
(a) imprisonment for a term not exceeding three years,
with or without the option of a fine; or
(b) imprisonment for a term exceeding three years but for
which the court determines a term of imprisonment
for three years or less, with or without the option of a
fine, to be appropriate,
the court may, subject to this Act, make a community service
order requiring the offender to perform community service.

of a
fine, to be appropriate,
the court may, subject to this Act, make a community service
order requiring the offender to perform community service.

(2) For the purposes of this section-
(a) “community service” shall comprise of unpaid public
work within a community, for the benefit of that
community, for a period to be fixed by the court but
not exceeding the term of imprisonment for which the
court would have sentenced the offender; and
(b) “public work” shall include but not be limited to-
(i) construction or maintenance of public roads or
roads of access;
(ii) afforestation works;
(iii) environmental conservation and enhancement
works;
(iv) projects for water conservation, management or
distribution and supply;
(v) maintenance work in public schools, hospitals
and other public social service amenities;
(vi) work of any nature of a foster home or orphanage;
Community
service orders

n public schools, hospitals
and other public social service amenities;
(vi) work of any nature of a foster home or orphanage;
Community
service orders

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THE COMMUNITY SERVICE ACT [CAP. 291 R.E. 2023]
(vii) general cleaning and related activities;
(viii) rendering specialist or professional services
in the community and for the benefit of the
community; and
(ix) other manual works as may be approved. (3) The nature or type of public work referred to in
subsection (2) shall, in any particular case, be determined
by the court after consultation with the Community Service
Orders Committee. (4) Where a court determines that a community service
order shall be made, it may, before making the order, direct
a community service officer to conduct an inquiry into the
circumstances of the case and of the offender and report the
findings to the court. (5) An inquiry under subsection (4) shall be conducted in
such manner and the report shall be in such form and cover
such matters as may be prescribed.

5) An inquiry under subsection (4) shall be conducted in
such manner and the report shall be in such form and cover
such matters as may be prescribed.

(6) A court shall not make an order under this section in
respect of an offender unless the offender is present and the
court is satisfied that-
(a) the offender consents to the order being made;
(b) adequate arrangements exist for the execution of the
order; and
(c) after considering the report made under subsection
(4) and, where necessary, after hearing the community
service officer, that the offender is a suitable person to
perform community service under the order. (7) Where a court makes an order under this section
in respect of two or more offences committed by the same
offender, the court may direct that the period of community
service specified in any of those orders shall be concurrent
with or in addition to that specified in any other order. (8) The court which makes a community service order shall
forthwith give copies of the order to the community service
officer of the area where the offender resides or shall reside

mmunity service order shall
forthwith give copies of the order to the community service
officer of the area where the offender resides or shall reside

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THE COMMUNITY SERVICE ACT [CAP. 291 R.E. 2023]
during the period of the order and the community service
officer shall give a copy of the order each to the offender and to
the supervising officer. (9) Before making an order under this section, the court
sentencing an offender shall explain to the offender in a
language that he understands-
(a) the purpose and effect of the order and in particular,
his obligations under section 4;
(b) the consequences specified in section 5 for failure to
comply with the order or with any of the requirements
of that section; and
(c) the powers of the court under section 6 to review the
order on application either by the offender or of a
community service officer. (10) Where the court considers it necessary for effective
execution of the community service order, it may direct the
offender to enter into bond with or without sureties.

considers it necessary for effective
execution of the community service order, it may direct the
offender to enter into bond with or without sureties.

4.–(1) A person who is subject to a community service order
shall-
(a) report to the supervising officer specified in the order
for assignment of work;
(b) perform, for the period specified in the order, such
work, at such times and at such place as he may be
instructed by the supervising officer; and
(c) report to the supervising officer any change of address
which may occur. (2) A supervising officer shall, as far as practicable, avoid
giving instructions under this section which conflict with the
offender’s religious beliefs. 5. Where an offender commits a breach of or fails to comply
with any of the conditions or requirements of a community
service order, the court may, on the application of the area
community service officer or supervising officer, issue
summons to the offender to appear before the court at the time
Obligations of
offender subject
to community
service order
Breach of
community
service orders

s to the offender to appear before the court at the time
Obligations of
offender subject
to community
service order
Breach of
community
service orders

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THE COMMUNITY SERVICE ACT [CAP. 291 R.E. 2023]
specified in the summons or issue a warrant of arrest for the
offender to be arrested and brought before the court, as the
case may be, and the court may, after hearing the offender, do
any of the following-
(a) caution the offender and require the offender to comply
with the order;
(b) amend the order in such manner as may suit the
circumstances of the case; or
(c) revoke the order and impose any other sentence under
the law as the court deems appropriate. 6.–(1) Subject to subsection (4), an offender may seek a
review of a community service order in any material point by
informing the community service officer or supervising officer
in writing of the particulars upon which such review is sought. (2) Where the review of an order is sought under subsection
(1), the community service officer or supervising officer shall
apply to the court in the prescribed form, setting out the
particulars specified under that section and the court may
suitably review or vary the community service order.

n the prescribed form, setting out the
particulars specified under that section and the court may
suitably review or vary the community service order.

(3) Notwithstanding subsection (2), in special circumstances,
the offender may make the application to the court without prior
reference to the community service officer or the supervising
officer, and the community service officer or the supervising
officer may apply for review for any justifiable reason. (4) Where the review or variation of an order under
subsection (1) results in change of residence of the offender,
the court varying the order shall inform the court having
jurisdiction for the area where the offender intends to reside,
and shall cause copies of the community service order to be
presented to court within whose jurisdiction the offender will
reside and to the community service officer of the area. (5) A review of an order under this section shall not be
necessary where an offender changes residence without
affecting a subsisting order or without leaving the jurisdiction
of the court which made the order. Review and
variation of
community
service orders

t
affecting a subsisting order or without leaving the jurisdiction
of the court which made the order. Review and
variation of
community
service orders

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THE COMMUNITY SERVICE ACT [CAP. 291 R.E. 2023]
PART III
MANAGEMENT AND ENFORCEMENT
OF COMMUNITY SERVICE ORDERS
7.–(1) There is hereby established the National Community
Service Orders Committee in this Act referred to as “the
National Committee” for Mainland Tanzania.

There is hereby established the National Community
Service Orders Committee in this Act referred to as “the
National Committee” for Mainland Tanzania.

(2) The National Committee shall consist of-
(a) a Chairman who shall be a Judge of the High Court or
any other person qualified in law and with sufficient
knowledge in matters relating to criminal justice
administration, appointed by the Minister;
(b) the Director of Public Prosecutions or his nominee;
(c) an appointee of the Permanent Secretary of the
Ministry responsible for matters relating to regional
administration;
(d) an appointee of the Permanent Secretary in the Ministry
responsible for matters relating to labour;
(e) the Inspector General of Police or his nominee;
(f) the Principal Commissioner of Prisons or his nominee;
(g) the Commissioner of Social Welfare;
(h) the Commissioner of Labour;
(i) a nominee of the Tanganyika Law Society;
(j) two persons with training and experience in the
administration of criminal justice system, one of whom
shall have experience in the practice of criminology
and penology; and
(k) the National Community Service Order Co-ordinator.

tice system, one of whom
shall have experience in the practice of criminology
and penology; and
(k) the National Community Service Order Co-ordinator.

(3) The National Committee may, at any time co-opt not
more than three persons whose assistance or advice it requires
or considers necessary in the discharge of its functions, to
serve the Committee for such period as it thinks fit. (4) The National Committee shall elect, from amongst its
members, a Vice-Chairman who shall serve for one year but
shall be eligible for re-election. Establishment
of National
Community
Service Orders
Committee

bers, a Vice-Chairman who shall serve for one year but
shall be eligible for re-election. Establishment
of National
Community
Service Orders
Committee

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THE COMMUNITY SERVICE ACT [CAP. 291 R.E. 2023]
(5) The tenure of office for the National Committee shall
be for three years, save that, its members shall be eligible for
re-election to serve another term, provided that, a member
shall not be eligible to serve for more than two consecutive
terms. (6) The conduct and regulation of the business and affairs
of the National Committee shall be as provided in this Act,
but subject thereto, the Committee shall regulate its own
procedure. 8.–(1) The functions of the National Committee shall be to-
(a) advise the Minister generally on the proper
implementation of the provisions of this Act;
(b) co-ordinate, direct and supervise the work of
community service officers; and
(c) collect and collate data on the operation of this Act
for the purposes of improving the national policy on
community service orders.

officers; and
(c) collect and collate data on the operation of this Act
for the purposes of improving the national policy on
community service orders.

(2) Without prejudice to subsection (1), the National
Committee may, through the Chairman, advise on any need
for enhanced application of the provisions relating to revision
under the Criminal Procedure Act, so that the courts may
make better use of community service orders in the appropriate
cases. 9.–(1) There shall be an Executive Committee of the National
Committee which shall consist of-
(a) the Chairman of the National Committee who shall be
the chairman;
(b) the Vice-Chairman of the National Committee;
(c) the Principal Commissioner of Prisons;
(d) the Commissioner of Social Welfare;
(e) the National Co-ordinator appointed under section 10,
who shall be the secretary; and
(f) one other member appointed by the National
Committee. Duties of National
Committee
Cap. 20
Executive
Committee

10,
who shall be the secretary; and
(f) one other member appointed by the National
Committee. Duties of National
Committee
Cap. 20
Executive
Committee

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THE COMMUNITY SERVICE ACT [CAP. 291 R.E. 2023]
(2) Subject to any directions which may be made by the
National Committee, the functions of the Executive Committee
shall be as specified in the First Schedule. 10.–(1) There shall be a National Community Service
Co-ordinator in this Act referred to as “the National
Co-ordinator” who shall be appointed by the Minister for a
period of three years, but shall be eligible for re-appointment. (2) For avoidance of doubts, only persons with proven
knowledge and experience in the administration of criminal
justice and correctional matters shall be eligible for appointment
as a National Co-ordinator. (3) The National Co-ordinator shall also be the Chief
Community Service Officer and the Secretary to the National
Committee and subject to specific directions which may be
issued by the National Committee or the Executive Committee,
shall be responsible for the maintenance of a register of
community service orders.

ay be
issued by the National Committee or the Executive Committee,
shall be responsible for the maintenance of a register of
community service orders.

(4) The National Committee may delegate to the National
Co-ordinator such of its functions under this Act as are
necessary to enable him transact or perform the day to day
business of the National Committee. (5) Where the National Co-ordinator is absent or
incapacitated by any reason, the Minister shall appoint a
person to act in his place during such absence or incapacity,
but the said appointee shall not be eligible to act for a period
exceeding six months, provided that, this subsection shall
not preclude the Minister from appointing a new National
Co-ordinator to fill the vacancy. 11. The Minister shall, in consultation with National
Committee, by order published in the Gazette, establish
Community Service Order Committees at Regional, District,
Ward and Village levels comprising of such members and to
perform such functions as may be prescribed in the order. National
Co-ordinator
Regional, District,
Ward and Village
Community
Service Orders
Committee

erform such functions as may be prescribed in the order. National
Co-ordinator
Regional, District,
Ward and Village
Community
Service Orders
Committee

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THE COMMUNITY SERVICE ACT [CAP. 291 R.E. 2023]
12.–(1) The probation officers appointed under the Probation
of Offenders Act shall be community service officers for the
purposes of this Act. (2) The Minister may, in consultation with the National
Committee, appoint such additional community service
officers as may be necessary for the purposes of this Act. (3) A community service officer shall perform the duties
specified in the Second Schedule. (4) A community service officer other than a public officer
shall receive such remuneration for services rendered under
this Act as the Minister shall, after consultation with the
National Committee and the Minister responsible for public
service, determine. 13. For the purposes of supervising offenders under this Act,
the court shall, in consultation with the relevant Community
Service Orders Committee, appoint supervising officers and
the supervising officer may be appointed for several offenders.

with the relevant Community
Service Orders Committee, appoint supervising officers and
the supervising officer may be appointed for several offenders.

14.–(1) The Minister may in consultation with the National
Committee, make regulations generally for the better carrying
out of the purposes of this Act. (2) Without prejudice to the generality of subsection (1),
the Minister may make regulation particularly to provide for
the following:
(a) the procedure for releasing offenders on community
service and stipulate for sanctions where there is breach
of the procedures;
(b) the procedure for monitoring and supervising offenders
on community service;
(c) the constitutional and duties of community service
offenders on community service;
(d) any question or matter relevant to the appointment of
any person for purposes of supervising offenders under
this Act; and
(e) any other matter or thing related to and in furtherance
of the provisions and objects of this Act. Community
service officers
Cap. 247
Supervising
officers
Regulations

or thing related to and in furtherance
of the provisions and objects of this Act. Community
service officers
Cap. 247
Supervising
officers
Regulations

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THE COMMUNITY SERVICE ACT [CAP. 291 R.E. 2023]
15. Save as may be prescribed by any other law, an act or thing
done or omitted to be done by any member of the Community
Service Orders Committees or any other person empowered
to perform any function under this Act, shall not render such
member or other person personally liable for such act or
omission. 16. A person who wilfully interferes with the administration
of the community service system or who contravenes the
provisions of this Act, commits an offence and, on conviction,
shall be liable to a fine not exceeding five hundred thousand
shillings or to imprisonment for a term not exceeding two
years or to both. FIRST SCHEDULE
(Made under section 9(2))
EXECUTIVE COMMITTEE
1.

d thousand
shillings or to imprisonment for a term not exceeding two
years or to both. FIRST SCHEDULE
(Made under section 9(2))
EXECUTIVE COMMITTEE
1.

The Executive Committee shall be responsible for-
(a) the supervision of the day to day running of the affairs of the
Committee;
(b) the collection, storage and dissemination of data relating to
the implementation of community service orders;
(c) transmitting to and advising the community service orders
committees on the policies formulated by the National
Committee;
(d) undertaking educational activities aimed at sensitising
members of the public and criminal justice agencies on the
role and purpose of community service orders;
(e) co-ordinating with other agencies on matters relating to and
beneficial to community service; and
(f) any other duties that may be as assigned to it by the National
Committee. 2.–(1) The Committee shall have power to regulate and determine its
own procedure and the quorum at its meetings;
(2) The Committee shall meet at least four times a year. 3. Subject to any requirement as to quorum, the Committee may act
notwithstanding any vacancy among its members;
Liability of
members of
Community
Service Orders
Committees and
other officers
Offences
Functions
Meetings
Quorum

nding any vacancy among its members;
Liability of
members of
Community
Service Orders
Committees and
other officers
Offences
Functions
Meetings
Quorum

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THE COMMUNITY SERVICE ACT [CAP. 291 R.E. 2023]
4. The Committee may in its discretion invite any person who is not a
member to attend any of its meetings, but such person shall not take
part in decision making. SECOND SCHEDULE
(Made under section 12(3))
DUTIES OF COMMUNITY SERVICE OFFICERS
1.

s meetings, but such person shall not take
part in decision making. SECOND SCHEDULE
(Made under section 12(3))
DUTIES OF COMMUNITY SERVICE OFFICERS
1.

Community Service Officers shall perform the following duties-
(a) identify suitable work placements;
(b) oversee the work and progress of offenders;
(c) ensure that community service orders are compiled with and
that the scheme works smoothly;
(d) apply to the court for review of order;
(e) facilitate or promote reconciliation of offenders and the
community;
(f) ensure that safety conditions are satisfactory for both the
community and the offenders serving under community
service orders;
(g) guard against discriminatory practices in dealing with
offenders;
(h) maintain confidentiality of information on or relating to
offenders;
(i) undertake counselling of offenders for rehabilitation and
liaise with any other person or organisations of persons
dealing with similar problems;
(j) keep an up-to-date record of offender’s performance and
appraisal of the same;
(k) submit periodic reports to appropriate or relevant Community
Service Orders Committees and the Co-ordinator in respect
of offenders;
(l) provide pre-sentence report to the court; and
(m) co-ordinate the activities of the community service orders. Co-option
Duties of
Community
Service officers