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View/Open - CORA - University College Cork

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who might be suitable for it because they are totally disorganised and unstructured, incapable, for<br />

example, of turningup for an appointment.”A8J1SC<br />

Thus, the matrix of considerations outlined above discloses that communityservice maybe<br />

indicated for a number of reasons which relate to the seriousness of the offence both as a<br />

threshold and as a ceiling to the use of the sanction as well as the particular characteristics<br />

of the individual offender.<br />

Profile of Offenders Given Community Service<br />

The reduction in the rate of unemployment among offenders was offered bythe Probation<br />

Service staff as a reason for a decline in the extent to which community service orders are<br />

used by courts (Walsh and Sexton 1999). Paradoxically, when the measure was discussed<br />

in the Oireachtas in 1983, the possibility of losing employment due to imprisonment was<br />

advanced as a positive advantage for using community service over imprisonment. It<br />

should be recalled that this was also a reason given in the Wootton Report (1970) to allow<br />

offenders the opportunity to work off a community-based penalty during “leisure-time”<br />

and not in substitution for a period of employment, training or education. The<br />

explanation might be advanced that greater employment opportunities open to offenders<br />

present as an excuse for non-performance of community service rather than a reason for<br />

the courts not using the sanction for suitablyemployedoffenders duringtheir leisure-time.<br />

However in the survey the judges expressed a clear preference to engage those who were<br />

unemployed and otherwise suitable in community service schemes to facilitate the<br />

experience of regular work andthe discipline requiredto holddown employment:<br />

“… I think that the community service orders tend, in my very limited experience, to apply to<br />

people who maybe haven’t had a whole lot of education andhaven’t hada start in life …”A1J2DC<br />

“I suppose really it starts the disciplinary process and getting people back on the straight and<br />

narrow. It’s probably connected, I would think in the type of work that the Probation Services do,<br />

except that they have particular programmes. The community service work is under certain<br />

directions andit’s reallypart of people correcting their lifestyle.”A3J1CC<br />

176

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