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Such exchanges might facilitate a greater understanding of the objectives of each of the actors who are involved in the sentencing process and the underlying procedures which are used by the different actors to achieve their aims. It is argued that if the actors and particularly the judges perceive the working of the sanctions to be a broken process and consequently less effective, they will be disinclined to use the sanctions as often as they might otherwise be mindedto do. But on these topics and for the present I put down my pen. . 409
APPENDIX A The questions below were used in both the focus groups and the semi-structured interviews to ensure consistencyof approach. Byutilising the same format, the analysis of responses by the Judges was facilitated. This allowed clear patterns of responses to emerge which confirmed the appropriateness of the methodologies which were chosen. The Questions 1. Thinking back over the CSOs that you have imposed, what is it that you intended to achieve when youmade such Orders? [uncuedopener]. 2. What do youconsider is the purpose of the CSO when youuse it as a sentence? 2. [followup question]. Thinkingback, in what circumstances wouldyou consider a case suitable for a Community Service Order? Conversely, in what circumstances would you consider such a disposal as unsuitable? 3. In the overall range of sentences, where do you see a place for the CSO? 3. [followup question]. What relationship, if any, do yousee between the CSO andother sanctions? 3. [followup question]. What relationship, if any, do yousee between the CSO anda custodial sentence? 4. All things considered, what do you feel is the most important feature of the CSO? 5. When youput somebodyon a CSO, does the sanction achieve its purpose? 5. [followup question]. Howwouldyouknow? 6. Once you make a CSO do you allow the Probation Service to deal with the matter or do youreviewthe performance of the CSO? 7.If a case is brought back to youfor a breach of a CSO, generallyhowwould youdeal with it? 7. [followup question]. Do you:- (a) Breach andimpose the sentence in full? (b) Give the offender another chance and supervise the remainder of the order to be served? (c) Ignore the breach altogether? (d) Deal with the offender in some other manner? 8. What do you think of the CSO generally? The Suspended Sentence 1. Thinking back over the suspended sentences that you have imposed, what is it youintended to achieve when youmade such Orders? [uncued opener]. 410
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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
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softlysoftlyapproach adopted in the
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Thus the stage was set for somethin
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The White Paper set out a series of
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An amendment by Dr Michael Woods, T
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Andhe further suggested: Very often
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c) That under this Act the District
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These provisions empower the courts
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task of reporting on the defendant
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While the legislation and regulatio
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service order must specify the alte
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This reply identifies not only the
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the Probation Service to operationa
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Accordingly when the Probation Serv
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custodial penalties. As previously
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particularly in cases of drunk-driv
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this ranging from 63 hours to 11 ho
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made which provided for a substitut
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at each jurisdictional level. The D
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This view was reinforced in a study
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But when the relatively low level o
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“Definitelya term of imprisonment
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who might be suitable for it becaus
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The offender was presented in the r
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“I would be slow in crimes where
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Why is the sanction not used more o
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custodial or non-custodial, will be
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Perceptions by the Judges that fine
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Insofar as it is possible to discer
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e amended to delete the requirement
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allows a community service order to
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year community service was introduc
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anypenaltyimposedon a childfor an o
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Section 110 provides: 1) Where a co
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(a) the revocation of anylicence, (
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accordance with the subsequent prov
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this chapter. The Minister of State
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An analysis of the wording that “
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andseventeen year olds will undoubt
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communityservice into two categorie
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standards for sixteen/seventeen yea
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disengagement fromthe former coloni
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formal imposition of a custodial se
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punishment where a threat of activa
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sessions (Hardiman 2004:5). By way
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Thus the suspended sentence is seen
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validity of the procedure as a sent
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present case”. (R-v-Wightman, 195
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policy of using the suspended sente
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to the emergence of agreement on pr
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sentence. In the Alexiou case, Murr
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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
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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
Page 367 and 368: The Criminal Justice (Public Order)
Page 369 and 370: In terms of regulating the criminal
Page 371 and 372: suspended sentences in a statutory
Page 373 and 374: developed for the enforcement of a
Page 375 and 376: On a literal interpretation, the Oi
Page 377 and 378: enjoyed and practiced up to now. In
Page 379 and 380: portion of a part-suspended sentenc
Page 381 and 382: This control mechanism is construct
Page 383 and 384: sentence under Section 99(1) constr
Page 385 and 386: Although Section 50 (2) seeks to li
Page 387 and 388: As noted, the procedure under Secti
Page 389 and 390: CONDITIONS Besides the time element
Page 391 and 392: Generallyspeaking, the Legislature
Page 393 and 394: Besides placing the suspended sente
Page 395 and 396: ehaviour was clearly settled in the
Page 397 and 398: these agencies. But perhaps the mos
Page 399 and 400: Imposition of Fine and Deferment of
Page 401 and 402: courts, this may be too restrictive
Page 403 and 404: 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
Page 409 and 410: instead of a custodial sentence. A
Page 411 and 412: is a feature of the sanction, place
Page 413 and 414: applications to revoke the suspende
Page 415 and 416: evocation of the sentence which is
Page 417: There remains a significant deficit
Page 421 and 422: 11. We spoke about the CommunitySer
Page 423 and 424: REFERENCES AND BIBLIOGRAPHY BOOKS B
Page 425 and 426: 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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