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View/Open - CORA - University College Cork

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Many of these commentators have argued that community service is a direct lineal<br />

descendant of work-related sanctions of an earlier period and carries with it to a significant<br />

degree, the elements of compulsion and control of the offender. Pease (1980) argues that<br />

consent to impressment was not always absent reciting the provision of the Insolvent<br />

Debtors Relief Act 1670, which allowed debtors who were unable to buy their way out of<br />

prison, a means of escape by joining the Navy. When considering the element of the<br />

indeterminate nature of impressment he cites the Debtors Act 1703, which limited the<br />

duration of impressment to the periodof the duration of the War.<br />

The modern communityservice order in contrast requires the convicted person to give his<br />

or her express consent to perform a specified number of unpaid hours work in the<br />

community. It is obligatoryon the Court to explain to him/her the nature of the work, the<br />

conditions of attendance at such work programme and the quality of work required.<br />

Additionally, the penalty of community service is limited to 240 hours maximum to be<br />

performedwithin one year.<br />

Notwithstanding this, the convicted person is obliged under penal sanction to provide<br />

personal service of labour or skills to answer for the crime committed.<br />

Perhaps the most contested views concerning the geneses of community service relate to<br />

claims that earlier work related sanctions provided a prototype for the newsanction. This<br />

claim to historical antecedence for the community service order is particularly expressed<br />

when dealing with the work related sanction of impressment but the claim is challenged by<br />

a number of writers who viewcommunityservice as a whollynewpenal concept.<br />

During the periods when impressment was used as a sanction, very many prisoners were<br />

incarcerated under sentence of death for the commission of felonies. Impressment into<br />

the army or navy presented as a choice between life or death for the condemned prisoner.<br />

No doubt, during times of War the mass clearing out of prisons by impressment served a<br />

number of other functions such as the relief of overcrowding, removal of offenders from<br />

their localities if due for release and significant financial savings in the housing, guarding<br />

28

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