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View/Open - CORA - University College Cork

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categories of offences for which convicted persons were given community service showed<br />

a consistency with international experience with larceny offences clearly identified as the<br />

primary category of offences for which community service orders are made (Walsh and<br />

Sexton 1999:41). The authors expressed some surprise when considering road traffic and<br />

vehicle offences which move into second place ahead of offences against the person. Of<br />

those convicted of less serious assault, 70% had no previous criminal record. A further<br />

11% had only one previous conviction. Of those convicted of driving offences, 45% had<br />

no previous criminal record and a further 31% had only one previous conviction. By<br />

comparison, of the offenders convicted of larceny, 41% had no previous criminal record<br />

and a further 17% had only one previous conviction. These figures lend support to the<br />

proposition that some Courts may be inclined to impose CSOs in situations where a<br />

custodial sentence might not have been imposed had the CSO option not been available<br />

(Walsh andSexton 1999: 42).<br />

THE POSITION OF COMMUNITY SERVICE AS A PENALTY WITHIN<br />

IRISH SENTENCING LAW AND PRACTICE<br />

In an effort to locate communityservice as a sanction in the continuum of Irish sentencing<br />

practice, perhaps it is useful to see community service orders in a wider context which<br />

wouldinclude such factors as societal support for communitybased sanctions, the function<br />

and operational standards of the Probation Service in relation to communitysanctions, the<br />

consistencyin the use bythe Courts of certain non-custodial sentences, the functionalityof<br />

a rising, constant or falling crime rate andthe relative use of imprisonment bythe Courts.<br />

Significant support for community based sanctions was reported by the National Crime<br />

ForumFirst Report (1998) as follows:<br />

The strong thrust of the presentations made to the Forum was that community-<br />

based sanctions should be used whenever practicable and prison regarded as a last<br />

resort. If there was one point on which there was virtual unanimity, it was that<br />

imprisonment is not a successful strategyfor reducing crime (National Crime Forum<br />

1998: 139).<br />

169

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