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Wootton, B. (1959), Social Science and Social Pathology, London, George Allen and Unwin. Worrall, A. (1997), Punishment in the Community: The Future of Criminal Justice, NewYork: Longman Young, W. (1979), Community Service Orders The Development and Use of a New Penal Measure, London: Heinemann ARTICLES Andrews, D.A., Zinger, I. Hoge, R. D., Bonta, J., Gendreau, P. and Cullen, F.T. (1990), Does Correctional Treatment Work? A Clinically Relevant and Psychologically Informed Meta Analysis: Criminology, 28, pp. 369-44 Ashworth, A. (1977), Justifying the First Prison Sentence , Criminal Law Review, pp.661-673. Bacik, I. (1999) The Courts Consistent Sentencing A Criminal System The Causes and Treatment of Crime, in Studies , Summer ,Vol.88 No.350 pp.164-174. Bacik, I., Kelly, A., O’Connell, M. and Sinclair, H., (1997) Crime and Poverty in Ireland: An Analysis of the Association Between Community Deprivation, District Court Appearance and Sentence Severity, Irish Criminal LawJournal 7 pp.104-133 Berk, R. and Feeley, M.N. (1990) An Evaluation of the Community Service Order Scheme in the U.S. District for the Southern District of California, Centre for the Studyof LawandSociety: <strong>University</strong>of California at Berkeley Boldt, R. C. (1998) Rehabilitative Punishment and the Drug Treatment Court Movement, Washington <strong>University</strong>LawQuarterly, Vol,76(4) pp.1205-1306. Bonta, J. (2004), Effective Practice State of the Art or Science? Irish Probation Journal, vol.1 (1) pp.57-72 . Bottoms, A. (1987) Limiting Prison Use: Experience in England and Wales, Oxford: The HowardJournal, vol. 26 no. 3, pp.177-202. Bottoms, A. (1981) The Suspended Sentence in England, 1967-1978, British Journal of Criminologyvol. 21, no. 1,pp.1-26. Carter, R. Cocks, J. and Glaser, D. (1987), Community Service: A Review of the Basic Issues, Federal Probation, U.S.A. Washington (March), pp.4-10 Cohen, S. (1967) Mods, Rockers and the Rest: Reactions to Juvenile Delinquency in Britain, Howard Journal of PenologyandCrime Prevention XII , pp.121-130 421
Davies, M. (1974), Social Enquiry for the Courts: An Examination of the Current Position in England and Wales, British Journal of Criminology, 14(1): pp 18-33 Eysenck, S. (1986) Justice of the Peace, vol. 150, pp. 808-809 Garland, D. (1996), The Limits of the Sovereign State: Strategies of Crime Control in Contemporary Society, British Journal of Criminology, vol. 36, no. 4, pp.445-471. Harland, A. T. (1980) Court Ordered Community Service: The Continuing Tyranny of Benevolence? Buffalo LawReview, Vol. 29, pp. 425-486. Hylton, J.H. (1981), Community Corrections and Social Control: The Case of Saskatchewan, Canada, ContemporaryCrises, Vol. 5: pp.193-215 Kamba W.J. (1974) Comparative Law A Theoretical Framework, International and Comparative LawQuarterlyVol. 23: pp.485-519. Kapardis, A. and Farrington, D. (1981), An Experimental Study of Sentencing by Magistrates, Lawand Human Behaviour, Vol. 5, Nos. 2-3 : pp.107-121. Kilcommins, S. (2000), Cultural Determinants and Penal Practices: An Analysis of the Introduction of Community Service Orders, Mountbatten Journal of Legal Studies, Vol. 4 no. 1 and2 pp.20-54 Kilcommins, S. (1999) Impressment and Genealogical Claims in Respect of Community Service Orders in England and Wales, The Irish Jurist, Vol. XXXIV (NewSeries) pp. 223-255 Killias, A.N. and Ribeaud, D. (2000) Does Community Service Rehabilitate Better than Short Term Imprisonment? Results of a Controlled Experiment, Howard Journal, 39(1) pp. 40-57 Knapman, E. (1974), Community Service Orders: A Rationale. Justice of the Peace, 23 rd . March 1974, p.162 Leibrich, J. (1985) Use of Community Service in New Zealand, Australia and New ZealandJournal of Criminology, Vol.18 , pp.85-94. Little, R. (1957) Let Reparation Fit the Crime, The Readers Digest. September, pp.27-31 McMahon, M. (1990) Net Widening Vagaries in the Use of a Concept, The British Journal of Criminology, Vol. 30, no. 2, pp.121-149 Martinson, R. (1974), What Works? Questions and Answers about Prison Reform, The Public Interest, Vol. 23, pp.22-54. Menzies, K. (1986) The Rapid Spread of Community Service Orders in Ontario, Canadian Journal of Criminology, Vol. 28, no. 2, pp.157-169 422
Page 1 and 2:
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
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The Criminal Justice (Public Order)
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In terms of regulating the criminal
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suspended sentences in a statutory
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developed for the enforcement of a
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On a literal interpretation, the Oi
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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 and 428: McWilliams, W. and Pease, K. (1980)
Page 429: Ryan, L. (1990) Irish Emigration to
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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