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View/Open - CORA - University College Cork

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justice measure from Britain was identified by Irish policy makers as appropriate for Irish<br />

conditions the assimilation of such a measure into Irish Law was brought about without<br />

too much debate.<br />

The adoption of community service orders in Irish penal policy is a prime example of the<br />

transference of legislative measures from the U.K. to Ireland in the long tradition of<br />

legislative cross-fertilization (O’Mahony 2002: 6). 27 Besides this over-arching legislative<br />

influence emanating from the Parliament at Westminster clearly the adoption of<br />

community service into Ireland could not have come about without the confluence of a<br />

series of factors which made community service a proposal just ripe for introduction in<br />

Ireland in the early 1980s (Jennings 1990). In particular the rapid economic and social<br />

changes in Irish life, which accompanied economic development in the 1960s, saw the<br />

beginning of significant increases in the crime rate and the reception of increasingly more<br />

prisoners into custody. Initially this change in the crime rate was explained by crimes of<br />

economic opportunism (Rottman 1980) but as the 1970s unfolded so too did the spread of<br />

drug addictions, particularly heroin addiction among a large cohort of recidivist offenders.<br />

Not surprisingly, the crime rate among this group of offenders (Chiaken and Chiaken<br />

1990) 28 increased significantly, particularly in relation to predatory crime. In the section<br />

below the factors which influenced the introduction of community service in Ireland are<br />

examinedin greater detail.<br />

1. The Crime Rate Increase<br />

Overall, the crime rate increased four-fold from 1968 to 1981. The total number of<br />

indictable crimes recorded increased from 23,104 in 1968 to 62,946 in 1977 (Report on<br />

Crime 1977:3) to 89,400 in 1981 (Report on Crime 1981:3). These figures do not however<br />

accurately reflect the overall crime rates during the periods mentioned as the vast bulk of<br />

summaryoffences triable in the District Court are not reflected in these figures, nor are the<br />

hybrid offences which are tried summarilybut which could at the election of the D.P.P. be<br />

tried on indictment, such as possession of drugs for the purposes of sale or supply(Section<br />

27 More recently a new trend has emerged where some Irish legislative measures such as the procedures for confiscation of assets acquired as a result of illegal activity, which was<br />

pioneeredin the Republic of Irelandunder the Criminal Assets BureauAct 1996 has been exportedas alegislative ideato Northern IrelandandBritain.<br />

28 Predatorycrime was found to be significantlyelevated in the cohort of active opiate users byChiaken and Chiaken 1990<br />

in the U.S.<br />

124

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