Community Service Executed Without Enough Conviction May Get You Convicted

In the light of reports received by the Abu Dhabi Public Prosecution regarding a lack of commitment and discipline in the performance of State dictated punitive community service, it has been held that the Courts can substitute such services for jail time, for the duration of the sentence or until its completion.

Punitive Community Service

Provisions under Section 7, Article 111 of the Federal Law by Decree No. (31) of 2021 govern the different criminal measures that maybe imposed on a convict, under which Article 111(4) provides community service as a freedom restricting measure. The Articles 121, Article 122, Article 123 and Article 124 state that in cases of petty crimes wherein jail time does not exceed 6 months, alternative punishments in the form of compulsory community services may be decreed by the court. The period of community service enforced on the convict, must not exceed three months.

Areas Of Community Service

The decree of the Council of Ministers No. 41 of 2017 lists out 19 categories of community service in the following areas:

1. Memorising (Hifz or Tahfiz) parts of the Holy Quran.
2. Serving in the care centres for individuals with disabilities.
3. Serving in nursing homes.
4. Serving in juvenile care centres.
5. Serving in nurseries or kindergartens.
6. Serving in maternity and childhood centres or women's associations.
7. Service in the traffic departments.
8. Relief work or transfer of injured persons.
9. Civil defence services.
10. Collection of donations or distribution of aids and subsidies.
11. Teaching in adult education centres.
12. Cleaning or maintenance of mosques.
13. Cleaning and maintenance of public facilities, roads, streets, public squares, beaches, parks or protected areas.
14. Participating in activities, events and ticket sales.
15. Food control work.
16. Planting and maintenance of public parks or protected areas.
17. Loading and unloading containers in ports.
18. Care of birds and animals in zoos or reserves.
19. Service in petrol stations.

Imprisonment Versus Community Service

Convicting a person to spend time in jail, especially in case of petty crimes, has often been criticised as this can lead the convict to come in contact with seasoned and often dangerous criminals. The convict may also lose the support system of their family, and such convictions may lead them to be shunned by the larger society, often driving them deeper into a life of crime. The overall negative effect may have long term implications.

In such scenarios, the option of community service, in the place of a jail sentence, may be immensely beneficial. The sentenced person will now have an opportunity to reflect on his actions in an environment that is sure to fuel feelings of guilt and remorse.

Misuse Of Provisions

Although these provisions were laid down to help and recondition petty criminals, it has been reiterated that if the Order for community services are not carried out with the commitment and seriousness that it requires, such Orders will be reverted to jail time. This has also been explicated under Article 124 of the Federal Law by Decree No. (31) of 2021.

The judiciary often goes to great lengths to not only provide justice to the victims, but also ensure that the judgement that it passes benefits in the rehabilitation and the upliftment of the offenders. But such judgements aimed at aiding in rehabilitation must not be seen as a weakness of the judiciary, as this will only give way to harsher punishments towards the wrongdoers.

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Dr. Hassan Elhais is a legal consultant in Dubai, specializing in the drafting of all statements of claim, memos and consultation on litigation of all manner.