An Analysis of Alternative Sentencing through Community Service Programs in Malaysia
List of Authors
Averyl Ng Gha Poh, Mohd Zamre Mohd Zahir
Keyword
Community Service, Alternative Sentencing, Criminal Law, Malaysia
Abstract
Community service is gaining traction in Malaysia as an alternative to incarceration, aiming to reduce prison overcrowding and promote restorative justice. Introduced under the Criminal Procedure Code (Amendment) Act 2007, the Community Service Order (CSO) allows minor offenders to contribute meaningfully to society. Despite its benefits, the CSO faces challenges in effectiveness, consistency, and its impact on recidivism, hindering its full potential as a rehabilitative sentencing option. This study examines the legal foundation of the CSO in Malaysia and evaluates its implementation, while also comparing Malaysia’s approach with practices in the United States of America, United Kingdom, and Singapore to identify areas for improvement. A qualitative legal research method is used, focusing on legal text analysis and supported by a limited quantitative review of offender data from the Department of Social Welfare. Findings show that while Malaysia has made progress in implementing the CSO, further refinements are needed to improve consistency and effectiveness, and to strengthen its role in reducing reoffending and managing prison populations. To improve the efficacy of Community Service Orders (CSOs) in Malaysia, the eligibility requirements should be broadened to include adult offenders. A tiered community sentencing structure should be established to provide courts more options. To address the root reasons of offending conduct, administrative and supervisory infrastructure must be strengthened, as well as social and psychological support services. This study suggests that Malaysia’s CSO framework remains limited. Lessons from the USA, the UK, and Singapore highlight the need for a more structured, inclusive, and rehabilitative approach to make CSOs a viable alternative to imprisonment.