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View/Open - CORA - University College Cork

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Participation byan offender on communityservice affirms his consent but the offender as<br />

such is not in control of the type of work he/she may perform. The opportunity to instil<br />

an element of close social modelling into a community service scheme is inhibited to the<br />

extent that the scheme may present as boring, meaningless and disconnected with the<br />

offender’s experiences. This is particularly so in relation to large scale environmental<br />

projects. On the other handan offender who is imprisonedis subjected to a regime which<br />

objectifies him and negates his consent by the physical confinement of the prison. In a<br />

survey of sentencers in Scotland one Sheriff put it thus: ‘from my point of view I am<br />

looking for the offender to glimpse his own dignity and for the community to say that it<br />

was fitting; that is the ideal’ (Carnie 1990:30). Community service schemes which<br />

harness the offenders’ strengths and potential must be seen in this context as providing a<br />

superior opportunity in the reintegration of the offender. A well designed placement<br />

might also have a positive impact on completion rates and upon the offender’s attitudes<br />

andbehaviour (McIvor 1990).<br />

In this study one Judge questioned whether there was any real benefit by way of changed<br />

behaviour to be achieved from community service. In particular he referred to the<br />

benefits which are otherwise missed by not placing the offender on a training course but<br />

rather engaging the offender in projects which maybe poorlyorganisedandimpersonal:<br />

“It doesn’t fulfil the role that a course of training would. It’s also usuallyveryunskilled. We heard a<br />

case where a man was suing for personal injuryacquired while he was doing communityservice and<br />

the general impression I got from both sides was that the whole thing was rather chaotic. ... I don’t<br />

know whether they benefit greatly from cleaning up cemeteries or sweeping up the yards of old<br />

people’s homes …” A8J1SC.<br />

The arrival of the communityservice order in England and Wales in the 1970s occurred at<br />

a time of significant change in both social outlook and values. A new sanction which<br />

would keep certain offenders out of the prison system, while still making demands of the<br />

offender, presented as an attractive alternative. But such was the optimism of the age that<br />

additional advantages were claimed for the new sanction. In particular, the prison system<br />

96

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