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View/Open - CORA - University College Cork

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35,670 community service orders in 1987 to 34,040 in 1989 (Home Office Research and<br />

Statistics Department No. 31 1991).<br />

Young (1979) attributes the lack of any attempt to achieve an overall uniformity of<br />

approach to a number of inter-related factors. The deliberate ambivalence in the purpose<br />

of the sentence obscured any clear initial perspective that the sentence was primarily<br />

punitive rather than seeking to satisfy any other primary goal of sentencing. This<br />

ambivalence was confounded byplacing the organisation and administration of community<br />

service into the hands of a service which was then firmly informed by the rehabilitative<br />

paradigm of sentencing. Additionally, local conditions were accommodated into schemes<br />

which required certain flexibilityon the part of communityservice organisers, for example,<br />

in a rural area time for travel to work might be discounted from the number of hours of<br />

communityservice to be performed.<br />

The arrival of the national standards for community service orders in April of 1989<br />

presented a sharp challenge to the traditionally discretionary practices of the Probation<br />

Service in the administration of community service orders. Although the tradition by the<br />

probation officer to offer help to the offender to change his behaviour continued during<br />

this period, the probation officer was not precluded from viewing the offender through a<br />

number of different and seemingly conflicting paradigms. Such models of man whether<br />

moral, ethical, psycho-pathological and psycho-social can be deployed by the probation<br />

officer to justify practice (McWilliams and Pease 1980). While this latter view might<br />

equally be criticised as an a-la-carte justification of professional practice, the ability of the<br />

Probation Service to match the correspondingly fluid and seemingly conflicting aims of<br />

sentencers allowed the Probation Service to negotiate a pathway on behalf of their clients<br />

while maintaining a firm commitment to the positive non-custodial features of community<br />

service such as reintegration in a socialised environment. The imposition of national<br />

guidelines in Englandand Wales andin Scotlandbrought about an adjustment in probation<br />

practices when dealing with communityservice orders. No longer would the extension of<br />

discretion be allowed in respect of non-compliance with community service orders where<br />

the offender failed to comply with the terms of the order. McIvor reports that offenders<br />

on community service in Scotland adjusted their compliance practices once they had<br />

101

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