Where any person is convicted of an offence punishable with—
(a) imprisonment for a term not exceeding three years, with or without the option of a fine; or
(b) imprisonment for a term exceeding three years but the court, having regard to the circumstances of the case, considers that a custodial sentence not exceeding three years is appropriate,
the court may, subject to this Act, make a community service order requiring the offender to perform community service.