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View/Open - CORA - University College Cork

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the year 2006 for a whole year survey and a quarter or 1 in 4 sample was taken from the<br />

Dublin Circuit Criminal Court records as these were much more extensive. This allowed a<br />

clear picture to emerge of the use of the part suspended sentence for these two combined<br />

Circuit Criminal Courts. 5 It is argued that such a whole and partial sample allows for the<br />

generalisability as a use of the part suspended sentence across the entire Circuit Criminal<br />

Court jurisdiction. The use of the part suspended sentence in the Central Criminal Court<br />

was ascertained byexamining the entire case load of the court for the year 2006 to discern<br />

how the court combined custodial sentences with part suspended sentences. 6 The<br />

frequencyof use of the whollysuspended sentence in the District Court was not capable of<br />

calculation until the writer examined raw data sets in the Circuit and District Court<br />

Directorate of the Courts Service. 7 This allowed the writer to place the suspended sentence<br />

in the District Court in context having regard to the use of other sanctions such as<br />

custodial sentences, communityservice orders, fines andprobation.<br />

PRESENTATION<br />

This thesis is presented in seven chapters with a separate conclusion. Both sanctions are<br />

separately considered to allow a clear outline for each sanction to emerge. Occasionally<br />

reference maybe made to the other sanction, especiallywhere respondents link or compare<br />

themin their replies.<br />

In Chapter 1 the community service order is introduced as a new sanction which is made<br />

available to sentencers for the first time. The factors and influences which led to the<br />

introduction of the sanction in England and Wales are examined in detail. 8 The<br />

community service idea is traced through the deliberations of the Wooton Committee<br />

which identified reparation and rehabilitation of offenders as preferable objectives in<br />

sentencing. The growth in prison numbers is presented as the primary impetus for the<br />

consideration of new sanctions which might divert offenders from the prison system. A<br />

certain rebalancing of sentencing priorities is suggested where the community itself is<br />

posited both as a place for punishment and a recipient of reparation. The sentencing<br />

5 These courts represent 5 citycourts, 2 in <strong>Cork</strong> and 3 in Dublin. Moreover theyrepresent the busiest circuit criminal courts in the countryand were an obvious choice for the samples<br />

andsurveytaken.<br />

6 The rawdatawas made available to the writer viathe registrar of the Central Criminal Court Mr. LiamConvey(28 Dec. 2007).<br />

7 These dataare not publishedseparatelyfromdataon custodial sentences.<br />

8 The jurisdiction where formal communityservice was initiallyintroduced.<br />

14

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