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which would answer the quite often conflicting rationales of sentencing and modalities of
sentencing practice. It must equally be recognised that sentencing demands are not static
but shift sometimes gradually over time depending on social, economic and political
exigencies and at other times shift quite dynamically especially during periods of rapid
social and economic change. In particular the rise in the crime-rate, despite the anticipated
moderation, if not decline, in crime expected from the application of the welfare state
programmes to the perceived causes of crime gave rise to a public fear, not unaided bythe
media and in particular the popular press (Cohen 1959), that sentencing was losing its
deterrent effect andsocietywas less well protected(Young1979:4-5).
This public perception of the misapplication of sentencing further eroded confidence in
existing non-custodial measures and presented an opportunity to introduce a newmeasure
with a higher element of tariff of sentence to be performed in the community and for the
benefit of the community, but a sentence notwithstanding, more demanding of the
convictedoffender than heretofore.
The addition of the element of bite in the sentence empowered the legislators to introduce
the necessary legislation with a fair political wind behind them and with minimal rancour.
By presenting the new sanction in this way, the politicians, charged with enacting
legislation, reflected public acceptance or rejection of such proposals (Cohen 1973:90).
Before discussing in detail the philosophical bases of the sentence of community service it
is worth reflecting upon Young’s instruction not to confuse the aims of the sentence with
its function:
In discussing the penal philosophy of a sentence, a distinction must be drawn at the
outset between the purposes for which a Court imposes a sentence and the way in
which the sentence is construed bythe offender. It is often argued or assumed that
any sentence that is experienced as unpleasant by an individual upon whom it is
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