1. NUMBER OF HOURS OF SERVICE:

The number of hours for which an offender is sentenced by a Court to render Community Service shall be -

a. Specified in the order of the Court: and

b. In the aggregate of not less than twenty - eight (28) hours and not more than Four - Hundred - and - Twenty (420) hours.

2. WRITTEN AGREEMENT:

I. The Community Service Officer and the offender shall enter into the Written agreement required by section 347(3)( i) of the Administration of Criminal Justice Order and the within thirty-six (36) hours after the making of the Community Service Order and the same shall be filled pursuant to section 347(3)(ii) of the Administration of Criminal Justice Law within Twenty- four (24) hours of its being entered into.

II. Where an offender is unable to enter into a written agreement with the Community Service Officer immediately after the order committing the offender to render Community Service has been made, and the offender is not able to provide a surety to guarantee his entering into the written agreement within the period specified in subparagraph (1) of this paragraph, the court shall make an order committing him to prison until he is able to enter into a written agreement with the Community Service Officer.

Ill. Where the court accepts the terms of written agreement, it shall make an endorsement to that effect on the agreement and return an endorsed copy of the agreement to the Community Service Officer.

IV. The Court may accept the terms of the agreement wholly or subject to any amendments considered appropriate by the court pursuant to paragraph 11 of these Rules.

V. A court may reject the terms of a written agreement and direct the offender and the Community Service Officer to enter into another agreement and provide a guide as to the nature of agreement that would be acceptable to the court having regard to the provisions of paragraph 11 of these Rules.

3. PERIOD OF SERVICE:

I. The work required to be done under a Community Service Order shall be carried out during the period of Twelve (12) months beginning with the date of the order and unless revoked, shall remain in force until the offender has worked under it for the numbers of hours specified

4. GUIDING PRINCIPLES:

I. The court shall not pass a Community Service Order on an offender unless it is of the opinion that the offence or the combination of offences committed by the offender is serious enough to warrant a sentence of imprisonment and that extenuating circumstances exist to make it inexpedient to use imprisonment.

II. In forming such opinion as is mentioned in subparagraph (1) above, a court shall take into account any information as may be available to it on the suitability of the offender to perform work under such an Order and the circumstances of the offence including any aggravating or mitigating factors.

III. Where a Court is able to form an opinion as to the suitability of the offender to perform community service it may proceed to make a Community Service Order without a written pre-sentence report.

IV. The court where it is considered necessary may obtain and consider a written pre-sentence report from the Community Service Officer before forming an opinion as to the suitability of Community Service Order for the offender.

V. It shall not be necessary for the Community Service Officer to prepare a new pre - sentence report where there exist a previous pre-sentence report obtained within the last twelve (12) months preceding by a court in respect of the offender provided that the court in forming an opinion as to the suitability of community service order shall have regard to the information contained in that report, or where there exists more than one such report, to the most recent report.

5. AVAILABILITY OF WORK:

A court shall not make a Community Service Order in respect of an offender unless it is satisfied that provision for him to perform work under such an order can be made under the arrangements existing in the magisterial district in which he committed the offence, resides, works or schools.

6. CONCURRENT AND CONSECUTIVE ORDERS:

Where a court makes Community Service Order in respect of two or more offences which have been proved against the offender before the court, the court may direct that the hours specified in any of the Orders shall be concurrent or in addition to those specified in any of the other Orders provided that the number of orders which are not concurrent shall not exceed the maximum specified in paragraph 1 of this Order.

7. ORDER TO SPECIFY AREA OF COMMUNITY SERVICE:

A community Service Order shall specify the magisterial district in which the offender is to render the service.

8. CHANGE OF ADDRESS:

Where a court is satisfied that an offender has reasonable grounds for changing residence, or place of work or school outside of the magisterial district in which he is carrying out a community service order, it may order the transfer of the outstanding hours of work to another magisterial district where it is satisfied that community service officer in the other magisterial district is able to assume supervision of the offender and where provision for him to perform community service work can be made under the arragements existing in the magisterial district

9. EXPLAINING THE ORDER TO THE OFFENDER:

Before making a Community Service Order, the court shall explain to the offender in ordinary language the -

I. Purpose, effect and requirements of the Order.

II. Consequence which may follow if he fails to comply with any of those requirements; and

III. Powers of the court to review the Order on applications of the Community Service Order or the offender.

10. RE- SENTENCINGFOR ORIGINAL OFFENCE:

In re-sentencing for the original ofience pursuant to its powers under section 347(3)(v) of the Administration of Criminal Justice Law, the court shall take into account of hours of community service already rendered if any.

11. JUDICIAL SUPERVISION OF WORK PLACEMENTS:

Although it is the duty of the community service officer to work out with the offender the details of work placement, the court shall have the power to consider whether an agreement is demanding enough in the sense of being physically, emotionally or intellectually tasking in order to preserve its punitive essence or whether it is unnecessarily lenient.

12. OBLIGATIONS OF OFFENDER SUBECT TO COMMUNITY SERVICE ORDER:

An offender in respect of which a Community Service Order has been made Shall

I. Keep in touch with the Community Service Officer in accordance with such instructions as he may from time to time be given by that officer and notify him of any change of address or circumstances; and

II. Perform for the number of hours specified such work and at such times as may have been agreed in writing with the community service officer.

13. LIMIT ON NATURE AND TIMING OF WORK:

The instruction given by a Community Service Officer under the Administration of Criminal Justice Law shall, as far as is practicable, be such as to avoid any conflict -

I. With the offender's religious beliefs and health condition; and

II. Or interference with the times, if any, at which he normally works or attends school or any educational establishment.

14. UNIFORM FOR OFFENDER:

An offender rendering community service shall wear such uniforms bearing any inscription as may be determined by the Officer responsible in Lagos State for matters pertaining to social welfare.

15. CITATION AND COMMENCEMENT:

These Rules may be citied as Rules of Court for Community Service Orders and shall come into force on the 8t day of August 2011.