Section 5
Compulsory Attendance Order
of Offenders Compulsory Attendance Act 1954
Where a person who resides within the prescribed distance from a Centre—
(a)
has been convicted of an offence for which he is liable to be sentenced to imprisonment for a period not exceeding three years; or
(b)
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.
(1A)
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.
(2)
Where the Court has reason to doubt whether any such person is physically capable for employment on compulsory work the
Court—
(a)
may cause him to be medically examined;
(b)
shall not make a Compulsory Attendance Order unless it is shown to the satisfaction of the Court that he is so capable;
and
(c)
shall specify in the Compulsory Attendance Order, if such an order is made, any compulsory work for which the Court is satisfied he is not physically capable.
(3)
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.
(4)
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.