12.08.2013 Views

View/Open - CORA - University College Cork

View/Open - CORA - University College Cork

View/Open - CORA - University College Cork

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

introduction into Ireland. As will be seen, the Criminal Justice (Community Service) Act<br />

1983 which introduced communityservice into Ireland was verycloselymodelled upon the<br />

legislation which was introduced in England and Wales under the Criminal Justice Act<br />

1972, as amended. At the time of writing this study, it is important to stress that the<br />

specific penalty of community service in England and Wales may now be combined in a<br />

Combination Order of Community Service and Probation under the Criminal Justice Act<br />

1991. Community service orders in England and Wales are now called Community<br />

Punishment Orders under the Criminal Justice Act 2003. It is not without significance<br />

that a sanction which commenced in 1972 as a reparative measure has been transformed<br />

into a sanction which nowcarries a specific reference to punishment in its title.<br />

Hood’s (1974) earlier description of the Wootton Committee proposal as a chameleon is<br />

perhaps more apposite today, where the chameleon may be seen to take on a dynamic<br />

quality by running up and down the tariff scale when the penalty is either viewed as a<br />

punitive measure, as a stand-alone penaltyor as a quasi-rehabilitative measure when placed<br />

in combination with a Probation Order. The model of community service which was<br />

introduced into Ireland in 1984 is perhaps best understood by studying the original<br />

community service order introduced in England and Wales in 1972 without further<br />

reference to combination orders or orders that seek to extend the scope of the penalty<br />

beyond the community service penalty itself. Although, the community service project<br />

introduced into Ireland is almost identical with the community service as originally<br />

introduced in England and Wales there are however differences which will be discussed<br />

latter in Chapter 3.<br />

Increasingly, within the criminal justice legislation and systems in Britain and America,<br />

there is a distinct movement in favour of increasing control and surveillance of offenders<br />

(Garland 2001). The willingness bypoliticians, the media and societyin general to consent<br />

to the use of “community-based sanctions” has been accompanied by concomitant<br />

demands that offenders who serve their sentences within community settings, should be<br />

increasingly subject to such control such as electronic tagging, curfews and probation<br />

supervision (Roberts 2004). Without knowing whether such offenders were in serious risk<br />

of imprisonment for the original offence, it is arguable whether these new measures of<br />

109

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!