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communityservice into two categories, where the imposition of communityservice for
juvenile offenders might more easilybe imposed, is another example of a bifurcatorypolicy
of control over a certain sector of the population which is deemed to require more
supervision while in the community(Cohen 1985) while extracting fromthem a greater
element of punishment than that meted out to adult offenders.
COMMUNITY SERVICE FOR JUVENILES AN EXERCISE IN NET-
WIDENING
Sparks’ useful image of the ladder to explain the ascendingelement of punitiveness in
sentencingis worth recallingat this stage (Sparks 1971). His use of the analogywas
primarilyused to explain the dangers of placingan offender inappropriatelyon a
suspended sentence where a more appropriate sentence of probation or even bindingover
might prove equallyefficacious. An offender placed on a suspended sentence is one rung
belowthe top rungof custody, whereas an offender placedon a probation bondor bound
over can be locatedon the middle or lower rungs of a sentencingladder. Because of the
likelihoodof further convictions of such an offender placedon a suspended sentence,
especiallyfor a relativelyminor infraction of the law, such as a public order offence, the
offender sentencedto a suspended sentence is more likelyto enter the custodial system
more rapidlythan wouldbe the case, if such an offender hadinitiallybeen sentencedto an
intermediate penaltysuch as probation.
A communityservice order under section 2 and 3 of the 1983 Act occupies a similar position
on the sentencingladder that Sparks identified for offenders sentencedto a suspended
sentence in the English jurisdiction, that is, one rung belowcustody. Having regardto
Spark`s schema of punitiveness and risk of incarceration, where preciselycan one locate
the sixteen/seventeen year oldsentencedto a communityservice order on the sentencing
ladder under section 116(4) andsection 139 60 of the Children Act 2001?
Despite the opaque reasoningin these sections, the options open to a sentencingcourt on
breach of a communityservice order are limited to two. Either the court will substitute
60 Section 139.- Where the court finds achildguiltyof an offence, andthe childis at that time subject to an order imposingacommunitysanction, the court may, in addition to or instead
of anyother powers available to it andsubject to the provisions of this Part-
(a) revoke the order and make such other order imposing a communitysanction on the child as the court thinks fit, or in addition to the order to which the child is
alreadysubject, make such other order as is mentionedin paragraph (a).
(b) in addition to the order to which the childis alreadysubject, make such other order as is mentionedin paragraph (a).
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