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Menzies, K. and Vass, A. (1989), The Impact of Historical, Legal and Administrative Differences on a Sanction: Community Service Orders in England and Ontario. The HowardJournal, Vol. 28, no. 3, pp. 204-217 McIvor, G. (1998) Pro-Social Modelling and Legitimacy: Lessons from a Study of Community Service in S. Rex and A. Matravers (Eds.) Pro-Social Modelling and Legitimacy: The Clark Hall Day Conference. Cambridge: Institute of Criminology, <strong>University</strong>of Cambridge, pp.53-62. Millard,D., (1978) Review of P.McBride, A Probation Team at Altrincham, Probation Journal Vol.25 p.140 Molony, T. (1927) The Treatment of Young Offenders The Journal of the Statistical and Social Enquiry Society of Ireland, ( 79 th and 80 th Session.), Vol. XIV No.4 (1925-1927) pp.437-453. Nellis, M. (2004) Into the Field of Corrections : The End of English Probation in the early 21 st Century?, Cambrian LawReview, Vol. 35 pp. 115-134 Oatham, E. and Simon, F. (1972) Are Suspended Sentences Working?, New Society, 3 August pp. 233-235. O’Connell, N. and Whelan (1996) The Public Perception of Crime Prevalence, Newspaper Readership and Mean World Attitudes. Legal and Criminological Psychology, Vol.1. pp. 179-195. O’Donnell, I. (2005), Putting Prison in its Place, Judicial Studies Institute Journal Vol.5 No. 2, pp. 52-68. O’Malley, T. (2001) Principles of Sentencing: Some Recent Developments, Dublin: Judicial Studies Institute Journal, Vol.1 No.1, pp. 55-63. O’Malley, T. (2003) Sentencing and Other Sanctions for Crime in Ireland, Dublin: Judicial Studies Institute Journal, Vol.3 No.1 pp. 130-135. Osborough, W.N. (1982), A Damocles Sword Guaranteed Irish: The Suspended Sentence in the Republic of Ireland, The Irish Jurist, Vol.17, pp. 221-256 Osborough, W.N. (1981) Deferment of Imposing Sentence, The Irish Jurist ,Vol.XVI Part 1, pp. 262-270 Parsloe, P. (1976), Social Work and the Justice Work, British Journal of Social Work, Vol. 6, pp. 71-89. Probation Journal (1977) Editorial (unnamed), p. 107, Razi ,G.M., Around the World s Legal Systems (1959), Howard Law Journal Vol.5 pp.1-45. 423
Roberts, J. (2003), Evaluating the Pluses and Minuses of Custody: Sentencing Reform in England and Wales, Howard Journal of Criminal Justice, Vol. 42 pp. 229- 247. Russell, M. (1964) The Irish Delinquent in England, STUDIES Spring 1964, Dublin Vol.53 pp.136-148 Sebba, L. (1978), Some Explorations in the Scaling of Penalties, Journal of Research in Crime andDelinquency, Vol .15 (2) pp.247-265. Sebba, L. and Nathan, (1984), Further Explorations in the Scaling of Penalties, British Journal of CriminologyVol. 24, pp. 221- 228. Sebba, L. (1977), The Pardoning Power A World Survey, Journal of Criminal Lawand Criminology, Vol. 68.1, pp. 83-121. Shoham, S. and Sandberg, M. (1964), Suspended Sentences in Israel, Crime and Delinquency, Vol. 10, pp 74-83. Silberman, S. (1986) Community Service as an Alternative Sentence for Juveniles, New England Law Journal on Criminal Law and Civil Confinement, Vol. XII, pp. 123- 150. Soothill, K. (1981), The Suspended Sentence for Ex-Prisoners Revisited, Criminal Law Review1981, pp. 821-828. Sparks, R.F. (1971) The Use of Suspended Sentences, Criminal Law Review, pp.384- 401. .Tait, D. (1995), The Invisible Sanction, The Australian and New Zealand Journal of Criminology,Vol.28 (2) pp.143-162. Tarling, R. (1994), The Effect of Imprisonment on Crime, Journal of the Royal Statistical Society, Series A.,Vol. 157 (2), pp.173 – 176. Thomas, D.A. (1974) Developments in Sentencing 1964-1973, Criminal Law Review, pp.685-692. Vass, A. (1986) Community Service: Areas of Concern and Suggestions for Change. HowardJournal, vol. 25, No. 2, pp 100-111. Von Hirsch, A. (1990) The Ethics of Community Based Sanctions, Crime and Delinquency, Vol. 36, pp.162-73. Walker, N. and Marsh, C. (1984) Do Sentences Affect Public Disapproval? British Journal of Criminology, Vol. 24 No.1, pp 27-48.. Weatherburn, D. and Bartels, L. (2008) The Recidivism of Offenders Given Suspended Sentences in New South Wales, Australia, British Journal of Criminology, Vol. 48(5) pp. 667-683. 424
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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
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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
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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 and 430: Ryan, L. (1990) Irish Emigration to
Page 431: Davies, M. (1974), Social Enquiry f
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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