community service or in lieu of custodial
sentence or fine.72
The OCA in particular Section 5 provides for
(iii) Compulsory Attendance Act the imposition of compulsory attendance
1954 (OCA)
order. The order is akin to community service
order since the offender is obliged to take
such words as may be ordered by the officer
of Compulsory Attendance Centre. This
order is in lieu of the custodial sentence or
imprisonment if the offender is unable to pay
fine.
Such an order can be introduced in
substitution of a sentence of imprisonment
provided that the term of imprisonment
does not exceed three months and in
condition that the offender enters into a
bond with or without surety. Salient
condition under an OCA order requires a
daily attendance to undertake compulsory
work for a period of not exceeding three
months for such hours in a day, not
exceeding four hours.73
A compulsory attendance order to carry out
compulsory work would best meet the
interest of justice as well as to cater to the
accused persons to be more responsible and
law-abiding citizens. It is to the advantage of
the offenders as it is in line with the
rehabilitation of the accused persons
through reintegration with the community at
large, a pathway to restorative justice.
(iv)
Binding
conviction)
over
Provided under Section 294 of the CPC in
(with which the offender must be a first offender.
When the person has been convicted, the
court having regard to the character,
antecedents, age, health, or mental
condition of the offender or to the trivial
nature of the offence or to any extenuating
72
In the case of Public Prosecutor (PP) v. Mohamad Asyraf Bin Ayuth [2019] 5 LNS 39, the court recognised and
applied the law relating to restoration and rehabilitation and mentioned that the community service order
pursuant to the CPC applies to any offence so long as it is punishable with fine or imprisonment.
73
In Chin Chee Wei & Anor v. PP [2020] MLRHU 290, the High Court touched upon the law relating to restoration
and rehabilitation of offenders in its judgement.
43