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View/Open - CORA - University College Cork

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learned the limits to which theycould test the probation officer’s discretion when applying<br />

the standards (McIvor 1992:185).<br />

At the time when the national standards were introduced, The Probation and After Care<br />

Service structure in England and Wales was divided into 55 different services. It was<br />

therefore to be anticipated that slightly different interpretations might be given to the<br />

purpose of community service across this large number of semi-autonomous agencies.<br />

Moreover the individual practices which were used to operationalise the communityservice<br />

schemes were bound to result in significant differences of approach when analysed. The<br />

principal issue which the National Standards sought to address was the application of<br />

uniform compliance procedures and the general discipline of offenders during the<br />

performance of community service. Researchers had drawn attention to variations in<br />

practice in bringing breach procedures against offenders who had repeatedly failed to turn<br />

up for work sessions (Young 1979; McWilliams and Murphy1990; Pease 1985; Vass 1984).<br />

In one study conducted by Eysenck in 1986, it was found that the Probation Service staff<br />

were prepared to accept a 25% level of non-attendance and she referred to the excessive<br />

tolerance of absenteeismbefore breaches were brought back to the court (Eysenck 1986).<br />

When the national standards were introduced, some Probation Services reported difficulty<br />

in working the prescribed standards. In particular, the national standards specified that<br />

firm use of the breach procedures was to be used for absences from community service<br />

which were deemed unacceptable, such breaches being the building-blocks upon which<br />

breach proceedings are typically taken (McWilliams and Murphy 1990). Breach<br />

proceedings are warranted accordingly to the national standards when the number of<br />

unacceptable absences exceeds three. The proportion of cases where breach proceedings<br />

were commenced after four or more unacceptable absences decreased significantly over a<br />

period of two years coterminus with introduction of the national standards in April 1989<br />

and there were significantly fewer cases where very large numbers of unacceptable<br />

absences had accrued prior to the procedure of breach being initiated (Lloyd 1991). The<br />

evaluation of the effect of the national standards would seem to indicate a major<br />

realignment of probation officers practices to ensure the offender`s compliance with the<br />

order. (Lloyd, 1991:19)<br />

102

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