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View/Open - CORA - University College Cork

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These issues were examined in this chapter with a viewto placing communityservice as an<br />

emerging penalty in the political, economic, social and penological context and in the<br />

period during which it emerged. In particular, there emerged a growing sense of<br />

confidence that the concept of “community”, a particularly difficult concept to concretize,<br />

could act as a catalyst for change in a number of areas of social life, including the<br />

rehabilitation of offenders. The identification of a vibrant voluntary social services<br />

movement combined to provide a distinct opportunity to introduce a new penalty in the<br />

early1970s, as communityservice and voluntaryservice were seen to merge issues of social<br />

cohesion and repair. These essential factors for the introduction of community service in<br />

England and Wales at that time were analysed to elucidate the timely emergence of the<br />

sanction. And finally, the not insubstantial role of pragmatism was examined as a factor<br />

in the emergence of community service in light of economic exigencies and the projected<br />

cost of maintainingan ever-increasingprison population.<br />

Timing, it is said, is everything in politics. The promotion of a Bill in Parliament to<br />

include the new penalty of community service (Section 15, Criminal Justice Act, 1972)<br />

allowed the introduction of the sanction, albeit on an experimental basis initially, as<br />

recommended by the Wootton Committee, at a time when public sentiment was well<br />

disposed to changes in the punishment of offenders. The emphasis on reparation by<br />

offenders, if not directly to victims, but certainly to society as a surrogate, appealed to the<br />

public, politicians and the media.<br />

Having traced the emergence of community service through the deliberations of the<br />

Wootton Committee and parliamentary debates, community service emerges as a penalty<br />

which is claimed to satisfy all forms of sentencing objectives from the condign and<br />

punitive, through reparation for harm done to society and victims, through rehabilitation<br />

and the final reintegration of offenders back into their communities. This optimistic<br />

prescription emerges in response to the somewhat bleak outlook expressedto the Wootton<br />

Committee bysentencers on the efficacyof current sentences at that time.<br />

72

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