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circumstances, the ownership of the sanction is again placed in the hands of the court for consideration of revocation. Confidence by the judges that offenders will be adequately supervised while on community service is an important factor in the promotion of the use of the sanction. Moreover, the perception that serious breaches of a community service order will not be brought to the court’s attention by way of breach proceedings may inhibit the greater use of the sanction. In contrast, the custodial sentence presents as a sanction which is not subject to such vagaries andconditions except of course the contingencyof earlyrelease. (2) Judicial confidence inthe penaltyof fines The judges’ views of the efficacy of the fines system may also reveal a tendency on their part to utilise the custodial sentence more often than they might otherwise wish to do. Clearly alternatives to the custodial sentence must present as realistic and operable, otherwise they will not be used. Among the judges of the District Court in the study, it was acknowledged that when fine warrants are executed for non payment, the likelihood of the offender spending more than twenty-four hours in prison is low even where the default period of custody specified is 90 days imprisonment. The judges are aware that fines defaulters when committed to prison put extra pressure on the prison system and are targetedbythe Executive for earlyrelease aheadof committed prisoners . None of the judges in the survey expressed confidence in the sanction of the fine and some gave specific reasons for this: “If I “fine” the particular person, I reallyhave no knowledge what happens whether he pays the fine or not thereafter.” A6J1DC “Fines ...in the run of situations...in high density urban areas...I have no confidence (they will be collected)” A1J5DC “...fines should be collected and bench warrants executed forthwith...I am gravely concerned about the traditional biscuit tin approach to warrants in which theyare thrown in the station biscuit tin and largelyleft there.” A9J1HC 185
Perceptions by the Judges that fines are not collected by the Gardai (Report of the Comptroller and Auditor General No. 37), the historical abuse of the scheme for petitions for clemencyto the Executive per Brennan – v – Minister for Justice [1995] 1 I.R. 612, and the unfettered discretion by the Probation Service over offenders in the performance of probation orders may cumulatively have had the effect of narrowing the field of optimal sanctions which the courts regardas appropriate in sentencingoffenders. The provision of a significant increase in prison accommodation during the period from 1997 onwards should not be understated as a reason for the relative decline in the use of community service orders during this period. As a result, the use of custody, especially in light of the expansion of the prison system and its ability to receive further inmates into custody, facilitated the increased use by the courts of imprisonment as a sentencing option andnot necessarilyas a sentence of last resort. Thus, the relative use of community service as a sentence by judges may be explained by reference to the use of other sanctions such as imprisonment, the fine and probation orders. Although judges use the fine and probation order regularlyin the disposal of cases, their enthusiasm for such disposals is qualified by perceptions that fines may not be collected and probation orders may not be complied with sufficiently. As a consequence, the sanction of imprisonment may be regarded as the residual sanction which carries the greatest degree of certainty in its execution. Some judges remain unconvinced that community service has any real equivalence with a custodial sentence and are reluctant to use it. As previously noted, a few judges did indicate they would occasionally deploy the sanction of community service where the custodial sentence was not really intended. The community service order remains therefore a niche sanction in the overall range of sentences. Any attempt to present the community service order as the first choice of penaltyover the custodial sentence or fine or probation order is criticallydependent on the limiting scope of Section 2 of the 1983 Act which mandates the sanction mayonlybe used as a decarcerative measure. 186
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Title The role of the community ser
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DECLARATION The contents of this th
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Acknowledgements I wish to acknowle
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TABLE OF CONTENTS Declaration .....
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Activation Of The Suspended Sentenc
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from an assumed jurisdiction of the
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Probation Service. Instead each age
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these considerations are subject to
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not slow to inform the “naïve”
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the PhD programme. Notwithstanding
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One of the constant criticisms of t
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the year 2006 for a whole year surv
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the exigencies which presented befo
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eference solely to the function of
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In addition to the general, social
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having been exported from the Antip
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Any attempt to locate the origins o
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Hulks or Prison Ships The Act which
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Many of these commentators have arg
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The use of impressment must also be
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simultaneouslydivertingthe investig
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Wales rose during the same period d
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Thus, against this bleak background
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We do not think it is easyor wise t
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While these latter factors maybe se
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we consulted about the need for for
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taking of vehicles, for some of the
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character of the voluntary sector i
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The Bill was essentially structured
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As community service schemes were t
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significant debate in subsequent st
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imposed, must be described as punis
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this was provided for in sections 1
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(ii) PUNISHMENT Reference has alrea
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that by inserting offenders into su
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not be measured by the same criteri
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encountered by others less-fortunat
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participation do so for a very shor
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ehabilitative potential and such di
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into a relationship of mutual inter
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These issues were examined in this
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CHAPTER 2 COMMUNITY SERVICE ORDERS
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Some aspects of the new functions w
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1977:112). As will be seen later (C
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within one year. The inevitability
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characterised by some British proba
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turn. If the offender turns up and
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former court but not necessarily so
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imprisonment, the suspended sentenc
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not receive a custodial sentence. B
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inhibits any clear measurement of e
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were still significantly belowthe p
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Participation byan offender on comm
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In England and Wales the unknown ri
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unsatisfactory or unreasonable by S
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learned the limits to which theycou
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for non-compliance. Where the proba
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how do Judges deal with breach of c
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administration of the community ser
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control can have the effect of dive
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Manyresponded … byindicating that
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“I cannot think of anycase in whi
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CONCLUSION Throughout this chapter
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CHAPTER 3 “Laws, like houses, lea
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1986). Elements which were consider
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elationship between the host and re
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justice measure from Britain was id
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offences by recidivist offenders. 2
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eyond the area of offenders for who
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provide a significant element of re
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problems was seen as whollyinapprop
Page 143 and 144: softlysoftlyapproach adopted in the
Page 145 and 146: Thus the stage was set for somethin
Page 147 and 148: The White Paper set out a series of
Page 149 and 150: An amendment by Dr Michael Woods, T
Page 151 and 152: Andhe further suggested: Very often
Page 153 and 154: c) That under this Act the District
Page 155 and 156: These provisions empower the courts
Page 157 and 158: task of reporting on the defendant
Page 159 and 160: While the legislation and regulatio
Page 161 and 162: service order must specify the alte
Page 163 and 164: This reply identifies not only the
Page 165 and 166: the Probation Service to operationa
Page 167 and 168: Accordingly when the Probation Serv
Page 169 and 170: custodial penalties. As previously
Page 171 and 172: particularly in cases of drunk-driv
Page 173 and 174: this ranging from 63 hours to 11 ho
Page 175 and 176: made which provided for a substitut
Page 177 and 178: at each jurisdictional level. The D
Page 179 and 180: This view was reinforced in a study
Page 181 and 182: But when the relatively low level o
Page 183 and 184: “Definitelya term of imprisonment
Page 185 and 186: who might be suitable for it becaus
Page 187 and 188: The offender was presented in the r
Page 189 and 190: “I would be slow in crimes where
Page 191 and 192: Why is the sanction not used more o
Page 193: custodial or non-custodial, will be
Page 197 and 198: Insofar as it is possible to discer
Page 199 and 200: e amended to delete the requirement
Page 201 and 202: allows a community service order to
Page 203 and 204: year community service was introduc
Page 205 and 206: anypenaltyimposedon a childfor an o
Page 207 and 208: Section 110 provides: 1) Where a co
Page 209 and 210: (a) the revocation of anylicence, (
Page 211 and 212: accordance with the subsequent prov
Page 213 and 214: this chapter. The Minister of State
Page 215 and 216: An analysis of the wording that “
Page 217 and 218: andseventeen year olds will undoubt
Page 219 and 220: communityservice into two categorie
Page 221 and 222: standards for sixteen/seventeen yea
Page 223 and 224: disengagement fromthe former coloni
Page 225 and 226: formal imposition of a custodial se
Page 227 and 228: punishment where a threat of activa
Page 229 and 230: sessions (Hardiman 2004:5). By way
Page 231 and 232: Thus the suspended sentence is seen
Page 233 and 234: validity of the procedure as a sent
Page 235 and 236: present case”. (R-v-Wightman, 195
Page 237 and 238: policy of using the suspended sente
Page 239 and 240: to the emergence of agreement on pr
Page 241 and 242: sentence. In the Alexiou case, Murr
Page 243 and 244: deal with the suspendedin a statuto
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criminogenic circumstances which is
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sentence. Sequentially, a custodial
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cases it is not uncommon for the de
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“I don’t tend to favour suspend
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“If you have a person who has bee
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sentence andwhere suspension should
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“This is a very difficult one to
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But the “custodial” designation
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who got verylong suspended sentence
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which is reflectedin the suspendedt
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might otherwise be thought bythe pr
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that the suspended sentence contain
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would apply if an actual custodial
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and this would clearly be the case
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England and Wales. A practice of im
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generallyare reluctant to activate
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abandon” claims Osborough (1982:2
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The activation of the sentence is n
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normal way, allow you leniency, I w
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court had made no mention at the se
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Criminal Appeal, which were the cou
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Thus, the limited statutory review
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The bipolar arrangements of the cou
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specified period. For example, the
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It is worth noting that these sente
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mayfeel at libertyto continue with
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the court if the convicted person f
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maintain progress on a treatment pr
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himself/herself bound over for a lo
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of the District Court to enforce a
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Thus, the utility of suspending the
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other words, a suspended sentence o
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The net point is this - if the oper
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is kept, there is a complete discha
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nature such as conditions prohibiti
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“I think that if the condition is
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Thus it may be observed that the Di
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custodyas a primaryaim of the sente
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Whatever conclusions can be drawn f
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(v) The role of consent. In the cla
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sentence. Thus, the degree to which
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ate of suspended sentences to be 35
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category of offence was not provide
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of a breach of a condition. This is
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“Such a hearing should have been
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juryin the present case. He did not
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“… the only matters which this
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driving or public order and I would
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put forward this argument in his ap
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egime instead. Interestingly, in th
Page 345 and 346:
And “Provision may be made by pri
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(Miscellaneous Provisions) Act 1997
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accused has served his/her custodia
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the Minister for Justice to exercis
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suspended sentence although it has
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(vi) Activation of sentence the piv
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In the Circuit Criminal Court and t
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sanctions have followed. This is bo
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CHAPTER 7 THE SUSPENDED SENTENCE PU
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It will also be demonstrated how th
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of the pre-existing power to suspen
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The Criminal Justice (Public Order)
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In terms of regulating the criminal
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suspended sentences in a statutory
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developed for the enforcement of a
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On a literal interpretation, the Oi
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enjoyed and practiced up to now. In
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portion of a part-suspended sentenc
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This control mechanism is construct
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sentence under Section 99(1) constr
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Although Section 50 (2) seeks to li
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As noted, the procedure under Secti
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CONDITIONS Besides the time element
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Generallyspeaking, the Legislature
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Besides placing the suspended sente
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ehaviour was clearly settled in the
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these agencies. But perhaps the mos
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Imposition of Fine and Deferment of
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courts, this may be too restrictive
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for a minor infraction of not keepi
Page 405 and 406:
acquire certain dynamic characteris
Page 407 and 408:
on this issue. Strictly speaking on
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instead of a custodial sentence. A
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is a feature of the sanction, place
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applications to revoke the suspende
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evocation of the sentence which is
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There remains a significant deficit
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APPENDIX A The questions below were
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11. We spoke about the CommunitySer
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REFERENCES AND BIBLIOGRAPHY BOOKS B
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Foucault, M. (1975) (Translation Al
Page 427 and 428:
McWilliams, W. and Pease, K. (1980)
Page 429 and 430:
Ryan, L. (1990) Irish Emigration to
Page 431 and 432:
Davies, M. (1974), Social Enquiry f
Page 433 and 434:
Roberts, J. (2003), Evaluating the
Page 435 and 436:
Expert Group on the Codification of
Page 437 and 438:
Report into the Case of Philip Shee
Page 439 and 440:
Young, W. (1978) Community Service
Page 441 and 442:
People (DPP) -v - Aylmer [1995] 2 I
Page 443:
Criminal Law(Amendment) Act 1977 (E
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