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View/Open - CORA - University College Cork

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significant debate in subsequent studies and commentaries (McIvor 1992; Hood 1974;<br />

Bottoms 1984; Pease 1975, 1977, 1980; Young 1979). The competing sentencing<br />

rationales of punishment, rehabilitation, reparation and deterrents lie uneasilyin the penalty<br />

of community service especially where the Wootton Committee expressed the hope that<br />

those required to perform community service would see their participation as a vehicle for<br />

change in outlook rather than as a whollynegative or punitive experience. The conflicting<br />

sentencing rationales of community service emerged as a central area of enquiry in the<br />

years following the introduction of community service, yielding interesting views among<br />

offenders as to the purpose of community service, either as punishment or as an agent of<br />

behavioural change (McIvor 1992:93-94).<br />

Some years after the introduction of community service under the Criminal Justice Act of<br />

1972 Baroness Wootton reflected upon the criticism that community service orders lacked<br />

any consistent underlying philosophy and concluded: ‘and even if in the end the CSO, as<br />

judged bythis standard proves no more successful than imprisonment, at least it can claim<br />

both to be cheaper and have some productive result to its credit’ (Wootton 1977:111).<br />

But perhaps the reference that ‘fashions in sentencing come and go and it will largely be<br />

the recommendations of probation officers which determine whether the rising popularity<br />

of community service is just a flash in the pan, or whether this new sentence becomes a<br />

powerful and lasting addition to our armoury’, (Wootton 1977:112) may prove more<br />

revelatory of the Wootton Committee’s original state of knowledge and sense of direction<br />

when grappling with this innovatory penalty in 1970. The clear understanding that the<br />

sanction might be introduced on an experimental basis and then evaluated before any<br />

further decision might be made to expand the scheme nation-wide, speaks also of the<br />

Wootton Committee’s sense of caution in makingthis radical recommendation.<br />

The sub-Committee was faced with a dilemma, perhaps of its own making, when it set<br />

itself the task of giving adequate answers to all of the sentencing demands. In bringing<br />

forward the idea of communityservice the Wootton Committee believed it had a proposal<br />

52

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