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View/Open - CORA - University College Cork

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I introduced this Bill for two reasons. It gives an alternative sanction to the Courts.<br />

Instead of sending somebody to prison for a crime, if he is over sixteen years of age<br />

he can be sentenced to community service work. That gives the Courts the<br />

flexibility to decide what in many cases might be a more appropriate sentence. In<br />

many cases somebody in employment who is sentenced to prison can be punished<br />

twice for the same crime. As well as being sentenced to prison he can lose his<br />

employment. Community services can be carried out during holiday time and at<br />

week-ends. … There is another benefit here. It is not simply a case of taking the<br />

soft option. FrequentlyJudges faced with the dilemma of a young person doing the<br />

leaving certificate will refrain from putting him into prison because very often there<br />

is not an alternative sanction available.<br />

These are some of the positive advantages of what we are proposing but there are<br />

other advantages to which many Deputies referred. We have a serious problem in<br />

our prisons at present. If somebody is sentenced for a serious crime to five, six or<br />

seven years imprisonment, prison space must be found byletting out somebodywho<br />

is serving a shorter period of imprisonment. This is not paroling prisoners or letting<br />

out prisoners under intensive supervision, this is simply shedding people from the<br />

system to make space for more serious offenders. In 1982 1,200 prisoners were<br />

shed from our prisons without completing their sentences. If we had more prison<br />

space we would not have to shed, but that would involve a colossal building<br />

programme and new prisons cannot be put up overnight...Apart from the positive<br />

advantages of the CommunityService Bill, I am saying that bykeeping people out of<br />

prison and providing the Courts with alternative sanctions, it can reduce this<br />

problem of shedding in the prisons. I stress that I am not talking about letting<br />

people out for good behaviour under the normal rules of parole or of the very<br />

effective scheme of intensive supervision run by the probation and welfare section<br />

of myDepartment, I am talking about people being let out to make room for a more<br />

serious offender who is to be accommodated within the prison system on the dayhe<br />

is sentenced. That is the crunch problem in our prisons, and that is why I have<br />

chosen this measure as the first instalment in a series of alternatives which I hope<br />

will go a long way to combating our present crime-wave. (Dail Eireann, vol. 342,<br />

col. 320-321 4 th May1983, Mr Noonan).<br />

139

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