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View/Open - CORA - University College Cork

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“I would be slow in crimes where there is violence to the person because I think that a very<br />

individual victim is picked out as against the wrong to society. Where violence is in question I would<br />

be veryslowto give communityservice.”A4J4DC<br />

“… or where the offence is drug related particularly which I would consider for a very minor<br />

section 15, I would be terrified that that person would see his friends on a community service<br />

scheme as beinga possible customer base.”A4J2DC<br />

“I am only starting out but my view of it would be … one of the issues is danger to society and if<br />

the individual is such … “A1J4DC<br />

“I would tend to applythem in cases where e.g. they were repeat public order offenders. Maybe not<br />

of the veryhighest level but maybe 2 or 3 or 4 times.” A1J3DC<br />

“I wouldn’t give it for section 15 of the Misuse of Drugs Act. I wouldn’t give it for counterfeit<br />

currency. I wouldn’t give it if where was any serious violence inflicted upon the person. They’d be 3<br />

areas where I normally would not … because I knewthat these sort of offences merit incarceration<br />

andit’s a matter of protection of society.”A1J1DC<br />

“I would possibly consider a community service order particularly if his crime is against property<br />

something of that nature … “A6J1DC<br />

“I tendto look at the person in a lot of cases.”A7J1CC<br />

In summary , the use by the Courts of community service as a sentencing tool is quite<br />

consistent with the original views expressed in the White Paper (1981) and the anticipated<br />

target groups of offenders and offences identified by the Minister for Justice who piloted<br />

the Bill through the Oireachtas and those few speakers in both Houses who sought to<br />

identifythe most likelycandidates for communityservice.<br />

Clearly, serious offenders are not given community service in the Irish criminal justice<br />

system, which offenders are categorised by the jurisdictional level of the court of trial.<br />

The District Court may only try cases which although indictable are considered minor in<br />

180

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