View/Open - CORA - University College Cork

More documents

Recommendations

Info

Pease, K. (1985), Community Service Orders in M.D Tonryand N. Morris (Eds.) Crime and Justice: An Annual Review of Research Volume 6, Chicago: Universityof Chicago Press pp.51-94 Pease, K. (1980) – Community Service and Prison: Are They Alternatives? in Pease, K. and McWilliams, W. (Eds) Community Service By Order, Edinburgh: Scottish Academic Press ,pp.27-42. Pease, K. (1981), Community Service Orders: A First Decade of Promise, London: HowardLeague Prochaska, J., Norcross, J., and DiClemente, C., (1994), Changing for Good: The Revolutionary Programme that Explains the Six Stages and Teaches You How to Free Yourself of Bad Habits , NewYork: Morrow. Quinn, S. (1998) Criminal Law in Ireland ThirdEdition, Wicklow: Irish LawPublishing Radzinowicz, L. (1956), A History of English Criminal Law (vol. 4), London: Stevens Radzinowicz, L. (1966), Ideology and Crime, A Study of Crime in its Social and Historical Context, London: Heinemann Radzinowicz, L. and King, J.F.S. (1977) The Growth of Crime: The International Experience, NewYork: Basic Books Radzinowicz, L. (1968), Impressment into the Army and Navy A Rough and Ready Instrument of Preventative Police and Criminal Justice, in Wolfgang, M. (ed.) Crime and Culture Essays in Honour of Thorsten Sellin, NewYork: Wileyp.287 Rawlings, T., (1992), Drunks, Whores and Idle Apprentices: Criminal Biographies of the 18 th Century, London: Routledge. Ritzer, G., (2000), The McDonaldization of Society, Thousand Oaks : Pine Forge Press. Roberts, J.V., (2004) The Virtual Prison , Cambridge: Cambridge UniversityPress. Roberts, J. (1980), Strands in the Development of Community Service, Reflections and Suggestions. In Pease, K. and McWilliams, W. (Eds.) Community Service by Order. Edinburgh: Scottish Academic Press pp.115-135. Roberts, J.V. and Hough, M.J. (2005) Understanding Public Attitudes to Criminal Justice, Maidenhead: OUP. Roche, W. (1988) Work Sharing and Unemployment Reduction, in: Unemployment: The Need for Change (Ed. Kerins A.) Dublin; Boole Press pp.137-155. Rushdie, S. (1981), Midnight s Children, London: Jonathan Cape. Ryan, E.F. andMagee, P.P. (1983) The Irish Criminal Process, Cork: The Mercier Press 419
Ryan, L. (1990) Irish Emigration to Britain in: Migration: The Irish at Home and Abroad (ED) Kearney, R., Dublin: WolfhoundPress pp.45-74 Sandes,R.L., (1939), Criminal Practice Procedure and Evidence in Eire (Second Edition) London: Sweet andMaxwell Scull, A.(1977) Decarceration, Community Treatment and the Deviant: A Radical View, EnglewoodCliffs: Prentice Hall Shannon, G., (2005), Child Law, Dublin: Thompson: Roundhall. Smith, J. (1974), The Community Service Order in Blom Cooper, L. ed. Progress in Penal Reform, Oxford: Clarendon Press Sykes, G. (1958), The Society of Captives, Princeton: Princeton UniversityPress. The Legal System of Northern Ireland (Fifth Edition, 2005) SLS Legal Publications (N.I.) Belfast. Thomas, D. A. (1979) Principles of Sentencing, (2 nd Edition) London: Heinemann Uglow, S. (1973) Community Service Orders in Inner London: An Exercise in Illusion, London: Radical Alternatives to Prison Vass, A. (1984), Sentenced to Labour Close Encounters with the Prison Substitute, St. Ives: Venus Academica Vass, A. (1990), Alternatives to Prison Punishment, Custody and the Community, London: Sage. Walker, N., (1991), Why Punish? Oxford: OUP. Walsh, D. (2002) Criminal Procedure, Dublin: Thomson RoundHall Wasik, M. (2001), Emmins on Sentencing– A Practical Approach to Sentencing, Fourth Edition, Gosport: Blackstone Press. Weigend, T. (2001) Sentencing and Punishment in Germany in Sentencing and Sanctions in Western Countries edited byTonry, M. and Frase, R.S., NewYork: Oxford UniversityPress pp.188-221. Weber, M. (1976), The Protestant Ethic and the Spirit of Capitalism (Second Edition). London: Allen andUnwin (Repr.) West, J. (1976), Community Service Orders, in King, J. and Young, W. (Eds.) Control without Custody, Cambridge: Institute of Criminology Wilson, J. Q. (1985), Thinking About Crime, Second Edition, New York: Vintage Books. 420
Page 1 and 2:
Title The role of the community ser
Page 3 and 4:
DECLARATION The contents of this th
Page 5 and 6:
Acknowledgements I wish to acknowle
Page 7 and 8:
TABLE OF CONTENTS Declaration .....
Page 9 and 10:
Activation Of The Suspended Sentenc
Page 11 and 12:
from an assumed jurisdiction of the
Page 13 and 14:
Probation Service. Instead each age
Page 15 and 16:
these considerations are subject to
Page 17 and 18:
not slow to inform the “naïve”
Page 19 and 20:
the PhD programme. Notwithstanding
Page 21 and 22:
One of the constant criticisms of t
Page 23 and 24:
the year 2006 for a whole year surv
Page 25 and 26:
the exigencies which presented befo
Page 27 and 28:
eference solely to the function of
Page 29 and 30:
In addition to the general, social
Page 31 and 32:
having been exported from the Antip
Page 33 and 34:
Any attempt to locate the origins o
Page 35 and 36:
Hulks or Prison Ships The Act which
Page 37 and 38:
Many of these commentators have arg
Page 39 and 40:
The use of impressment must also be
Page 41 and 42:
simultaneouslydivertingthe investig
Page 43 and 44:
Wales rose during the same period d
Page 45 and 46:
Thus, against this bleak background
Page 47 and 48:
We do not think it is easyor wise t
Page 49 and 50:
While these latter factors maybe se
Page 51 and 52:
we consulted about the need for for
Page 53 and 54:
taking of vehicles, for some of the
Page 55 and 56:
character of the voluntary sector i
Page 57 and 58:
The Bill was essentially structured
Page 59 and 60:
As community service schemes were t
Page 61 and 62:
significant debate in subsequent st
Page 63 and 64:
imposed, must be described as punis
Page 65 and 66:
this was provided for in sections 1
Page 67 and 68:
(ii) PUNISHMENT Reference has alrea
Page 69 and 70:
that by inserting offenders into su
Page 71 and 72:
not be measured by the same criteri
Page 73 and 74:
encountered by others less-fortunat
Page 75 and 76:
participation do so for a very shor
Page 77 and 78:
ehabilitative potential and such di
Page 79 and 80:
into a relationship of mutual inter
Page 81 and 82:
These issues were examined in this
Page 83 and 84:
CHAPTER 2 COMMUNITY SERVICE ORDERS
Page 85 and 86:
Some aspects of the new functions w
Page 87 and 88:
1977:112). As will be seen later (C
Page 89 and 90:
within one year. The inevitability
Page 91 and 92:
characterised by some British proba
Page 93 and 94:
turn. If the offender turns up and
Page 95 and 96:
former court but not necessarily so
Page 97 and 98:
imprisonment, the suspended sentenc
Page 99 and 100:
not receive a custodial sentence. B
Page 101 and 102:
inhibits any clear measurement of e
Page 103 and 104:
were still significantly belowthe p
Page 105 and 106:
Participation byan offender on comm
Page 107 and 108:
In England and Wales the unknown ri
Page 109 and 110:
unsatisfactory or unreasonable by S
Page 111 and 112:
learned the limits to which theycou
Page 113 and 114:
for non-compliance. Where the proba
Page 115 and 116:
how do Judges deal with breach of c
Page 117 and 118:
administration of the community ser
Page 119 and 120:
control can have the effect of dive
Page 121 and 122:
Manyresponded … byindicating that
Page 123 and 124:
“I cannot think of anycase in whi
Page 125 and 126:
CONCLUSION Throughout this chapter
Page 127 and 128:
CHAPTER 3 “Laws, like houses, lea
Page 129 and 130:
1986). Elements which were consider
Page 131 and 132:
elationship between the host and re
Page 133 and 134:
justice measure from Britain was id
Page 135 and 136:
offences by recidivist offenders. 2
Page 137 and 138:
eyond the area of offenders for who
Page 139 and 140:
provide a significant element of re
Page 141 and 142:
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 and 194:
custodial or non-custodial, will be
Page 195 and 196:
Perceptions by the Judges that fine
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
Page 245 and 246:
criminogenic circumstances which is
Page 247 and 248:
sentence. Sequentially, a custodial
Page 249 and 250:
cases it is not uncommon for the de
Page 251 and 252:
“I don’t tend to favour suspend
Page 253 and 254:
“If you have a person who has bee
Page 255 and 256:
sentence andwhere suspension should
Page 257 and 258:
“This is a very difficult one to
Page 259 and 260:
But the “custodial” designation
Page 261 and 262:
who got verylong suspended sentence
Page 263 and 264:
which is reflectedin the suspendedt
Page 265 and 266:
might otherwise be thought bythe pr
Page 267 and 268:
that the suspended sentence contain
Page 269 and 270:
would apply if an actual custodial
Page 271 and 272:
and this would clearly be the case
Page 273 and 274:
England and Wales. A practice of im
Page 275 and 276:
generallyare reluctant to activate
Page 277 and 278:
abandon” claims Osborough (1982:2
Page 279 and 280:
The activation of the sentence is n
Page 281 and 282:
normal way, allow you leniency, I w
Page 283 and 284:
court had made no mention at the se
Page 285 and 286:
Criminal Appeal, which were the cou
Page 287 and 288:
Thus, the limited statutory review
Page 289 and 290:
The bipolar arrangements of the cou
Page 291 and 292:
specified period. For example, the
Page 293 and 294:
It is worth noting that these sente
Page 295 and 296:
mayfeel at libertyto continue with
Page 297 and 298:
the court if the convicted person f
Page 299 and 300:
maintain progress on a treatment pr
Page 301 and 302:
himself/herself bound over for a lo
Page 303 and 304:
of the District Court to enforce a
Page 305 and 306:
Thus, the utility of suspending the
Page 307 and 308:
other words, a suspended sentence o
Page 309 and 310:
The net point is this - if the oper
Page 311 and 312:
is kept, there is a complete discha
Page 313 and 314:
nature such as conditions prohibiti
Page 315 and 316:
“I think that if the condition is
Page 317 and 318:
Thus it may be observed that the Di
Page 319 and 320:
custodyas a primaryaim of the sente
Page 321 and 322:
Whatever conclusions can be drawn f
Page 323 and 324:
(v) The role of consent. In the cla
Page 325 and 326:
sentence. Thus, the degree to which
Page 327 and 328:
ate of suspended sentences to be 35
Page 329 and 330:
category of offence was not provide
Page 331 and 332:
of a breach of a condition. This is
Page 333 and 334:
“Such a hearing should have been
Page 335 and 336:
juryin the present case. He did not
Page 337 and 338:
“… the only matters which this
Page 339 and 340:
driving or public order and I would
Page 341 and 342:
put forward this argument in his ap
Page 343 and 344:
egime instead. Interestingly, in th
Page 345 and 346:
And “Provision may be made by pri
Page 347 and 348:
(Miscellaneous Provisions) Act 1997
Page 349 and 350:
accused has served his/her custodia
Page 351 and 352:
the Minister for Justice to exercis
Page 353 and 354:
suspended sentence although it has
Page 355 and 356:
(vi) Activation of sentence the piv
Page 357 and 358:
In the Circuit Criminal Court and t
Page 359 and 360:
sanctions have followed. This is bo
Page 361 and 362:
CHAPTER 7 THE SUSPENDED SENTENCE PU
Page 363 and 364:
It will also be demonstrated how th
Page 365 and 366:
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 and 418: There remains a significant deficit
Page 419 and 420: APPENDIX A The questions below were
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: McWilliams, W. and Pease, K. (1980)
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
show all

View/Open - CORA - University College Cork

Create successful ePaper yourself

Delete template?

Save as template?