Offenders Compulsory Attendance Act 1954

For the purposes of this section, “Officer in Charge” shall have the same meaning as assigned to it in the Prison Act 1995.

has been convicted of an offence for which he is liable to be sentenced to imprisonment for a period not exceeding three years; or

is liable to be committed to prison for failure to pay a fine or debt, the Court may, instead of such sentence or committal, make a

Compulsory Attendance Order requiring such person to attend daily at a Centre to be specified in such Order and to undertake compulsory work for a period not exceeding twelve months and for such number of hours each day not exceeding four as may be specified in such

Order, and may, for further ensuring due compliance with such

Order, require the offender to enter into a bond with or without sureties.

The Court, when making the Compulsory Attendance Order under subsection (1), shall consider the character of such person, the nature and seriousness of the offence or the circumstances of such

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person’s failure to pay, as the case may be, and all the other circumstances of the case.

Where the Court has reason to doubt whether any such person is physically capable for employment on compulsory work the

Court—

The number of hours each day during which the offender shall be required to be employed under subsection (2) shall not exceed four exclusive of any intervals prescribed for meals, refreshment or rest and shall, if the offender is gainfully occupied in employment, occupy only that part of the offender’s time which would represent leisure hours.

The Court shall, before making a Compulsory Attendance

Order, explain to the person concerned in ordinary language the effect of such Order and the consequence of failure to comply therewith and shall not make the order unless such person expresses his willingness to comply with the requirements thereof.

An offender shall each day undertake such compulsory work as may be ordered by the Compulsory Attendance Centre Officer, which shall be such work as can, in the opinion of that Officer, be completed by the offender having regard to his physical capacity during the number of hours specified in the Compulsory Attendance

Order.

If an offender is gainfully occupied in employment, the time at which he is ordered to report daily under subsection (1) shall be such as not to interfere with such employment.

who is undertaking a compulsory work by virtue of a

Compulsory Attendance Order; or

who has been required to undertake a compulsory work by virtue of a Compulsory Attendance Order but has not yet undertaken such compulsory work, is sentenced by any court to any term of imprisonment, or is detained under any law relating to preventive detention, such imprisonment or detention shall take precedence over the Compulsory Attendance

Order.

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Subject to subsection (3), the period of imprisonment or detention served by the offender shall be deemed to be the period of a compulsory work by virtue of a Compulsory Attendance Order.

The offender shall be required to undertake the compulsory work for the remaining period after deducting the period of imprisonment or detention served by the offender from the period as specified in the Compulsory Attendance Order.

fails on any day to report in accordance with subsection 6(1);

fails on any day to undertake or to complete the compulsory work ordered under subsection 6(2);

in any way misconducts himself during the time when he is or should be undertaking compulsory work;

without permission granted by the Compulsory Attendance

Centre Officer in such circumstances and subject to such conditions as may be prescribed, absents himself from any place at which he should undertake such compulsory work; or

fails in any other way to comply with any of the requirements of the Compulsory Attendance Order or the provisions of any Rules made under this Act,

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the Compulsory Attendance Centre Officer, after due enquiry, may—

order that the offender forfeit any remission of the period of such Order which he may have earned, not exceeding such amount as may be prescribed;

On receipt of such report the Court shall cause the offender to be brought before it, and if satisfied as to the truth of such allegations, may pass any sentence or make any Order (including a Compulsory

Attendance Order) which the Court could pass or make if the offender were then convicted of the offence in respect of which the original Compulsory Attendance Order was made, due allowance being made for the number of days on which he has completed his daily task, or may admonish the offender without passing any sentence or making any further such Order.

In this section “Court” means the Court by which the original

Compulsory Attendance Order was made.

In particular, and without prejudice to the generality of the foregoing, such Rules may prescribe for all or any of the following purposes or matters:

All Rules made under this Act shall be laid as soon as conveniently may be before the Dewan Rakyat, and if a resolution of the Dewan Rakyat is passed within the next subsequent three months after any such Rule is laid before it that such Rule shall be annulled, such Rule shall thereafter be void, but without prejudice to the validity of anything previously done thereunder, or to the making of any new Rule.

*NOTE—see section 10 of the Offenders Compulsory Attendance (Amendment)

Act 2022 [Act A1660] w.e.f. 30 September 2022 which provides the following provision: