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West, J. (1977), Community Service Orders How Different? Probation Journal, Volume 24, No. 4 pp.112 -119. Winfield, S. (1977), What has the Probation Service Done to Community Service?, Probation Journal, Special CommunityService Edition, Vol. 24, No. 4, pp.126-30 Wootton, Baroness, (1977), Some Reflections on the First Five Years of Community Service , Probation Journal, Special Community Service Issue, Volume 24 No. 4 pp.110- 112. PUBLIC DOCUMENTS AND REPORTS Advisory Council on the Penal System (1978), Sentences of Imprisonment, London: H.M.S.O. Brody, F.R. (1976), The Effectiveness of Sentencing, Home Office Research StudyNO. 35, London, H.M.S.O. Carnie, J. (1990), Sentencers Perceptions of Community Service by Offenders, Edinburgh: Scottish Office Central Research Unit. Community Service Orders (1981) Dublin: StationaryOffice Comptroller and Auditor General (2004), Report on Value for Money Examination of the Probation and Welfare Service, Dublin: Department of Justice Equality and Law Reform Comptroller and Auditor General (2000), The Collection of Fines Report No. 37 Dublin: G.P.O. Courts Service, Annual Reports, 2004, 2005, 2006, 2007, Dublin: Courts Service. Criminal Legal Aid Review Committee, (1999), Final Report, Dublin: Department of Justice Equalityand LawReform Criminal Statistics EnglandandWales (1990-1996) Annual Volumes London: H.M.S.O. Department of Justice (1994) The Management of Offenders A Five Year Plan, Dublin: The StationaryOffice Driberg, T. (1964) Hansard, House of Commons, vol. 697, col. 65-66 Expert Group on the Probation and Welfare Service, (1998), First Report, Dublin: StationaryOffice Expert Group on the Probation and Welfare Service, (1999), Final Report, Dublin: StationaryOffice 425
Expert Group on the Codification of the Criminal Law (2004) Codifying the Criminal Law, Dublin: Department of Justice Equalityand LawReform Gendreau, P., Goggin, C., and Cullen, F. P. (1999) The Effects of Prison Sentences on Recidivism, User Report :1999-3, Ottawa: Department of the Solicitor General Canada . Hamilton, J. (2005) Annual Report 2004: Office of the Director of Public Prosecutions, Dublin: Government Publications Office Home Office (1970), Non-Custodial and Semi-Custodial Penalties (Report of the AdvisoryCouncil on the Penal System, Chairman: Baroness Wootton) London: H.M.S.O. Home Office, Working Group on Community Service by Offenders (1971) London, H.W.1. Division, (Mimeo) Home Office (1959), Penal Practice in a Changing Society: Aspects of Future Development (EnglandandWales) Cmnd. C. 645. London: H.M.S.O. Home Office (1989) Home Office, Circular No. 18 Home Office (1990) Crime, Justice and Protecting the Public, London: H.M.S.O. Home Office: Advisory Council on the Treatment of Offenders (1957), Alternatives to Short Terms of Imprisonment, (Chairman: H. Studdy) London:H.M.S.O. Home Office (1967); CMND 3408.17 Home Office (2000) Research Briefing, A Retrospective Study of the McGuire Programme by the Probation Studies Unit, <strong>University</strong> of Oxford, presented to What Works Conference, Manchester Home Office (1966) CMND 3088, (22) Home Office (2007) Statistical Bulletin, England and Wales (Sentencing Statistics 2005), January, 2007, London: H.M.S.O. LawReformCommission (1996) Sentencing 11: Dublin: LawReformCommission Law Reform Commission (1993) Consultation Paper on Sentencing, Dublin: Government Publications Lloyd, C., Mair, G. and Hough, M. (1995) Explaining Reconviction Rates: A Critical Analysis , Home Office Research StudyNo. 136. London: Home Office Lloyd, C., (1991) National Standards for Community Service Orders: The First Two Years of Operation, Home Office Research and Statistics Department, Research Bulletin No. 31, London: H.M.S.O. May, C. (1999) Explaining a Reconviction following a Community Sentence: The Role of Social Factors , Home Office Research StudyNo. 192. London: Home Office 426
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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
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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 and 432: Davies, M. (1974), Social Enquiry f
Page 433: Roberts, J. (2003), Evaluating the
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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