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Youngchallenges the uncritical acceptance bymanyof the ideologyof community. “Community is not a unitary concept” he claims (1979:42), but includes even those who would see themselves occasionally belonging to groups, whether defined ethnically or by some other political criterion as quite apart from, and sometimes in opposition to, mainstream social categories. These issues are compoundedin multiethnic societies. Another rehabilitative component consideredwas the constructive use of leisure time. Boredom, especially among young offenders, was considered a key contributing factor in offending behaviour. The provision of community service could be considered an opportunity to disrupt these periods of boredom and inactivity for certain offenders although Young also suggests that such use of community service could be considered as incapacitation rather than rehabilitation. Field probation officers reported to him in his studies that such use of community service may equally serve as an outlet for energies and abilities therebyreducingthe motivation to commit a crime. Sometimes the experience of an offender on community service schemes, especially schemes which offer interpersonal assistance, mayprovide an opportunityfor the offender to identifywith the aims of such a scheme and on occasion mayeven engender a desire on the part of such an offender to continue on as a volunteer in such a scheme or train in a professional discipline in skills related to the project. This phenomenon of the client becoming a professional helper is not unknown in the addictions field having been identified in the American literature as “new careers” especially emerging from the anti- poverty programmes in the United States in the 1960s. Such workers are invested with a vast lived experience which professionals trained by orthodox education could rarely achieve. Young’s studies of the earlyschemes provide evidence of the stated desire on the part of a significant number of clients to continue to be involved in the schemes on completion of court mandated hours, although those who do pursue voluntary 65
participation do so for a very short time (Nottinghamshire Probation and After Care Service 1975). Young’s final consideration of the rehabilitative component of community service centred around the beneficial effects of the habits of work. The experience of the Durham and Nottinghamshire Community Service Projects were used to test the influence of regular employment upon the suitability of candidates for community service orders. They showed that an erratic employment record is not necessarily a contra indication for suitability for community service; rather the community service order can be usefully employed as a device to intervene in the offenders’ continuous lack of employment, although limited success can only be achieved. Young likens this type of intervention to the sheltered workshop allowing the offender to ease back into the work habit. Such interventions which break the habit of idleness may develop a sense of self-worth in offenders. The value of work is socially constructed and may differ from one society to another and may indeed dynamically change in meaning over time within a given society (Weber 1976:31). West suggests: Work is a measure of the value placed upon an individual in society. To be unemployed is to be useless, to be under-employed is to be under valued. (West 1976:83). Community service schemes which are arranged around projects which may never come within the offender’s lived experience such as railway preservation and other such environmental projects lacked immediacyand focus for such offenders. The personal and social relevance of the community project is essential to connect the offender to the community. Contact with other workers was also considered as a rehabilitative factor by Young (1979). The support of voluntaryco-workers has alreadybeen considered, but the supportive contribution of suitable supervisors was specifically identified by Young as a key indicator for successful completion of community service. A supportive supervisor who would informally counsel an offender who may have issues relating to financial 66
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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
Page 23 and 24: the year 2006 for a whole year surv
Page 25 and 26: the exigencies which presented befo
Page 27 and 28: eference solely to the function of
Page 29 and 30: In addition to the general, social
Page 31 and 32: having been exported from the Antip
Page 33 and 34: Any attempt to locate the origins o
Page 35 and 36: Hulks or Prison Ships The Act which
Page 37 and 38: Many of these commentators have arg
Page 39 and 40: The use of impressment must also be
Page 41 and 42: simultaneouslydivertingthe investig
Page 43 and 44: Wales rose during the same period d
Page 45 and 46: Thus, against this bleak background
Page 47 and 48: We do not think it is easyor wise t
Page 49 and 50: While these latter factors maybe se
Page 51 and 52: we consulted about the need for for
Page 53 and 54: taking of vehicles, for some of the
Page 55 and 56: character of the voluntary sector i
Page 57 and 58: The Bill was essentially structured
Page 59 and 60: As community service schemes were t
Page 61 and 62: significant debate in subsequent st
Page 63 and 64: imposed, must be described as punis
Page 65 and 66: this was provided for in sections 1
Page 67 and 68: (ii) PUNISHMENT Reference has alrea
Page 69 and 70: that by inserting offenders into su
Page 71 and 72: not be measured by the same criteri
Page 73: encountered by others less-fortunat
Page 77 and 78: ehabilitative potential and such di
Page 79 and 80: into a relationship of mutual inter
Page 81 and 82: These issues were examined in this
Page 83 and 84: CHAPTER 2 COMMUNITY SERVICE ORDERS
Page 85 and 86: Some aspects of the new functions w
Page 87 and 88: 1977:112). As will be seen later (C
Page 89 and 90: within one year. The inevitability
Page 91 and 92: characterised by some British proba
Page 93 and 94: turn. If the offender turns up and
Page 95 and 96: former court but not necessarily so
Page 97 and 98: imprisonment, the suspended sentenc
Page 99 and 100: not receive a custodial sentence. B
Page 101 and 102: inhibits any clear measurement of e
Page 103 and 104: were still significantly belowthe p
Page 105 and 106: Participation byan offender on comm
Page 107 and 108: In England and Wales the unknown ri
Page 109 and 110: unsatisfactory or unreasonable by S
Page 111 and 112: learned the limits to which theycou
Page 113 and 114: for non-compliance. Where the proba
Page 115 and 116: how do Judges deal with breach of c
Page 117 and 118: administration of the community ser
Page 119 and 120: control can have the effect of dive
Page 121 and 122: Manyresponded … byindicating that
Page 123 and 124: “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
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sentence under Section 99(1) constr
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Although Section 50 (2) seeks to li
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As noted, the procedure under Secti
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CONDITIONS Besides the time element
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Generallyspeaking, the Legislature
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Besides placing the suspended sente
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ehaviour was clearly settled in the
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these agencies. But perhaps the mos
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Imposition of Fine and Deferment of
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courts, this may be too restrictive
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for a minor infraction of not keepi
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acquire certain dynamic characteris
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on this issue. Strictly speaking on
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instead of a custodial sentence. A
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is a feature of the sanction, place
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applications to revoke the suspende
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evocation of the sentence which is
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There remains a significant deficit
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APPENDIX A The questions below were
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11. We spoke about the CommunitySer
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REFERENCES AND BIBLIOGRAPHY BOOKS B
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Foucault, M. (1975) (Translation Al
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McWilliams, W. and Pease, K. (1980)
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Ryan, L. (1990) Irish Emigration to
Page 431 and 432:
Davies, M. (1974), Social Enquiry f
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
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People (DPP) -v - Aylmer [1995] 2 I
Page 443:
Criminal Law(Amendment) Act 1977 (E
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