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“Definitelya term of imprisonment”A1J1DC
“Almost without variation I impose penaltyin full.”A4J2DC
“NormallyI wouldimpose the sentence … no discount for time served.”A2J1DC
While others took a more nuancedapproach:
“…if there is a total breach or non-attendance and the fellow won’t get up in the morning then I
just abandon the whole thing and send him to prison… if the offender has gone a good measure of
complying then yougive himthe “fall of the trick”, read the riot act to himandstart again.”A5J1CC
“It depends on the breach. To impose the original sentence it would take a major breach … very
often they would have a reason whatever it is ; mymother is sick or mygirlfriend is pregnant or the
child was sick or something like that. If they are sufficiently well represented by somebody
particularly articulate, they may well overcome any difficulties they have. It depends on the
circumstances.”A3J1CC
“I wouldadjourn a breach summons. If no effort is made at all I wouldinvoke sentence.”A6J1DC
“If there is a half genuine reason for not completing the order, I in most cases, give time to do
it.”A2J1DC
“If he simply fails to in total to turn up and do his community service then he serves the sentence.
He’s the fellowwho just thought he got a free pass and he needs to be shown. If there are reasons
why he has done most of it, that something happened, then you look at it. Maybe there might be a
slap on the wrist. Maybe he serves a portion of the sentence.”A7J1CC
Ultimately both groups above subscribed to the imposition of a custodial sentence upon
breach and generally were not prepared to deal with breaches except by reference to the
custodial option notwithstanding that they could have simply ignored the breach or
imposed a fine instead. This lends support to the conclusion that community service is
applied in Ireland as a decarcerative procedure in conformitywith the requirements of sec.
2 of the Act.
The qualitative data of this study discloses that community service is a sanction which is
used predominantly in the District Court. When the sanction is used in the Circuit or
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